Rockland Trust Company v. Langone (Lawyers Weekly No. 10-098-17)
District Court may proceed with compulsory counterclaim exceeding $25,000; statute's $25,000 cap applies only to plaintiff's claims, not counterclaims.
Weekly
Commonwealth v. Denton (Lawyers Weekly No. 10-099-17)
Conviction reversed where prosecution introduced prior drug convictions nineteen years old to rebut entrapment defense; staleness rendered evidence more prejudicial than probative.
Commonwealth v. Dayton (Lawyers Weekly No. 10-100-17)
Section 58A permits pretrial detention only when defendant has three prior OUI convictions, not two, under rule of lenity.
Bonina v. Sheppard (Lawyers Weekly No. 11-070-17)
Unmarried cohabitant entitled to restitution for substantial contributions to improve partner's home based on actual costs incurred rather than increase in property value.
Dudley v. Massachusetts State Police (Lawyers Weekly No. 11-071-17)
State Police dog attacks bystander during suspect pursuit in parking lot; discretionary immunity does not shield tactical field decisions from negligence liability.
Gowen v. Benchmark Senior Living LLC (Lawyers Weekly No. 12-057-17)
Resident of assisted living facility states viable claims against operator for unlawful community fee and security deposit violations under residential landlord-tenant law despite separate regulation of assisted living facilities.
Rona v. Greene, et al. (Lawyers Weekly No. 12-058-17)
Lawyer claims right to share of future legal fees earned after employment ends. Court holds contingent payment is not earned wage under Wage Act.
WHDT Congress Holdings LP v. Farnsworth Congress LLC (Lawyers Weekly No. 12-059-17)
Court denies preliminary injunction in commercial tenancy dispute involving developer's contractual right to approve restaurant tenant based on quality standards.
New England Patriots Fans v. National Football League, et al. (Lawyers Weekly No. 12-060-17)
Court denies reconsideration of appeal dismissal, holding mailbox rule inapplicable where deadline runs from judgment entry, not service of papers.
Yarpah v. Bowden Hospitality Newton LLC, et al. (Lawyers Weekly No. 12-061-17)
Worker sued hotel for violating Tips Act by imposing administrative charges and retaining revenue. Court dismissed claims against parent companies lacking control over the charges.