Adoption of Uday (Lawyers Weekly No. 11-011-17)
Court affirmed termination of parental rights despite ICWA notice questions and inadequate services, finding father unfit based on violent history and child's complex needs.
Weekly
Western Investment LLC v. Deutsche Multi-Market Income Trust, et al. (Lawyers Weekly No. 12-009-17)
Court dismisses shareholder challenge to trustees' application of majority-of-outstanding-shares voting requirement in contested trustee election.
Adoption of Yadira (and two companion cases) (Lawyers Weekly No. 10-030-17)
Federal regulations permit the Department to petition for termination of parental rights of unaccompanied refugee minors to enable adoption, even when parents live in the United States.
Commonwealth v. French (Lawyers Weekly No. 10-031-17)
Fingerprint evidence alone insufficient to support breaking and entering and larceny convictions when Commonwealth failed to prove fingerprint was placed during the crime.
Cardno ChemRisk, LLC v. Foytlin, et al. (Lawyers Weekly No. 10-032-17)
Environmental activists' blog post criticizing a consulting firm's scientific work on oil spill cleanup qualifies as protected petitioning activity under Massachusetts's anti-SLAPP statute, even though the defendants advocated for others' interests rather than their own personal grievances.
Western Investment LLC v. Deutsche Multi-Market Income Trust, et al. (Lawyers Weekly No. 12-009-17)
Trustees' application of majority-vote requirement for board election, contained in disclosed by-laws and strictly applied, did not breach fiduciary duties or good faith covenant.
Commonwealth v. Accime (Lawyers Weekly No. 10-029-17)
Disorderly conduct conviction reversed where defendant's resistant behavior in hospital psychiatric emergency room posed no proven risk of public disturbance outside his confined space.
Commonwealth v. Thomas (Lawyers Weekly No. 10-028-17)
Supreme Judicial Court addresses consequences of failing to follow eyewitness identification protocol and whether police violated due process in showing single firearm photograph.
Snow v. Snow (Lawyers Weekly No. 10-025-17)
Wife's petition for alimony filed four years after divorce was initial complaint, not modification. Durational limits commence when general term alimony is awarded. Judge must consider overtime income and address health insurance.
Commonwealth v. Goddard (Lawyers Weekly No. 10-027-17)
Murder conviction affirmed where expert testimony about defendant's goal-directed behavior and prosecutor's closing argument were properly admitted.