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Massachusetts Appeals Court

By adamg - 11/13/19 - 1:31 pm

The Massachusetts Appeals Court today reinstated a Connecticut finance company's defamation and conspiracy lawsuit against a Newton lawyer for a man who owes it more than $20 million, ruling the lawyer is not protected by Massachusetts case law that bars suits against lawyers for statements they make involving lawsuits they're involved in. Read more.

By adamg - 11/7/19 - 2:19 pm

A lawyer who successfully argued his client was owed damages after biting into a tooth-destroying bit of bone in a hamburger at a Medford Wendy's went too far in a closing argument that urged the jury to strike a blow against big corporations everywhere and protect the little people, the Massachusetts Appeals Court ruled today. Read more.

By adamg - 11/5/19 - 12:10 pm

The Massachusetts Appeals Court today upheld a nearly $1.6 million verdict in favor of Ming's Supermarket on Washington Street in the South End over the landlord of an adjacent warehouse on East Berkeley Street in a rent dispute over an adjoining warehouse on East Berkeley Street that it used until February, 2015, when a pipe froze and then burst, flooding the warehouse and bringing in ISD, which declared the building unfit for occupancy. Read more.

By adamg - 10/17/19 - 10:45 am

The Massachusetts Appeals Court today upheld a New Hampshire man's conviction for illegal gun possession, saying that his spending a night camping in the woods south of the border before walking down I-93 on his way to Michigan did not qualify him for the 60-day waiver of our gun-licensing requirements granted to new residents of the state. Read more.

By adamg - 10/7/19 - 10:59 am

The Massachusetts Appeals Court today upheld Michael Ahern's 18-month sentence for crashing his pickup into Doan Bui's bicycle on Morrissey Boulevard in 2012, sending the man, returning home from a fishing trip, 150 feet into the air and killing him. Read more.

By adamg - 9/5/19 - 11:11 am

The Massachusetts Appeals Court ruled today that Boston Police had the right to demote a police detective because of errors he made in two cases - including a violent Mission Hill attack and robbery in which he failed to interview suspect Edwin Alemany before Alemany went on to kidnap and murder Amy Lord just a few months later. Read more.

By adamg - 7/31/19 - 10:41 am

A man who bought what turned out to be a dud of a Ford F-150 in 2010 does not have to hire an expert to prove the truck was crap from the get-go - all the warranty and repair invoices from dealer service centers are enough to prove that, the Massachusetts Appeals Court ruled today. Read more.

By adamg - 7/18/19 - 10:59 am

The Massachusetts Appeals Court today dismissed a suit by the daughter of a woman paralyzed when shot on a road through the Orchard Gardens development in 2013, saying that because the road is a public way, the management company for the complex was not legally liable for her death, even if it had been hired on a promise to make the place safer. Read more.

By adamg - 7/12/19 - 11:32 am

The Massachusetts Appeals Court ruled today a Boston police officer's negligence sparked a fatal 2011 shootout that left one man dead and a police officer and the man's acquaintance shot - and that the negligence went beyond the limits set by a state law that normally bars suits against cities and towns. Read more.

By adamg - 7/12/19 - 10:41 am

The Massachusetts Appeals Court ruled today that an oil company that has long used OrderMyOil.com to sell heating oil online has no case against a competitor that set up OrderYourOil.com, because the words "order" and "oil" are just too generic to deserve any sort of competitive protection under state law, never mind federal trademark law. Read more.

By adamg - 3/14/19 - 11:52 am

There once was a barn on Nantucket
But the owner wanted to chuck it
He thought moving it shrewd
The neighbors said nah dude
They asked a judge to make him suck it

The Massachusetts Appeals Court ruled today that the Nantucket Historic District Commission has to decide, for the third time, whether to let the owner of a historic property tear down a barn - a barn that was only erected in 1972, unlike another building on the site that dates to the mid-1700s. Read more.

By adamg - 2/21/19 - 10:52 am

The Massachusetts Appeals Court today upheld Jamel Bannister's second-degree murder conviction for the 2013 murder of Courtney Jackson at the Dudley Square bus station, saying it found no mistakes in the way Bannister was tried and convicted. Read more.

By adamg - 2/12/19 - 2:56 pm

The Massachusetts Appeals Court today reversed a man's third OUI conviction for an incident in which a Revere police officer stopped him after watching get out of a traffic jam on American Legion Highway by pulling off the road and driving on the sidewalk for 200 feet. Read more.

By adamg - 1/30/19 - 11:40 am

The Massachusetts Court of Appeals ruled today a Boston Police detective had no real good reason to deny the co-owner of a Dudley Square store a gun license for personal protection and ordered the department to issue him one. Read more.

By adamg - 12/13/18 - 11:28 am
Surveillance photo in federal case

Feds say this photo shows Leoner-Aguirre, in the white pants, shooting at victim running for his life.

Aguirre

Massachusetts does not have a "stand your ground" law, and the Massachusetts Court of Appeals today rejected an attempt by an MS-13 leader convicted of a 2014 shooting in Chelsea to try to create a precedent for it.

Read more.

By adamg - 11/9/18 - 10:49 am

The Massachusetts Appeals Court today upheld a man's conviction for assault and battery with a dangerous weapon for kicking his young daughter in the chest hard enough to send her flying to the floor in a drugstore. Read more.

By adamg - 10/17/18 - 11:29 am

The Massachusetts Appeals Court said today a man can be convicted of rape if he forces a woman at gunpoint to fondle herself. The ruling comes in the case of Reinaldo Prado of Framingham, convicted of robbing at gunpoint three prostitutes he met via Craigslist and raping one of them. Read more.

By adamg - 9/28/18 - 11:13 am

The Massachusetts Appeals Court ruled today a district-court judge erred in not granting a woman a restraining order against her ex for continuing to engage in sexual activities on her even after she told him she was "done" and "tired" and had him pull out of her. Read more.

By adamg - 9/17/18 - 11:44 am

The Massachusetts Appeals Court ruled today a worker at UMass Boston can proceed with a libel suit against the news editor at the campus newspaper, which published a photo of him in 2013 provided by campus police - who wanted to ask him whether he was photographing women on a shuttle bus from the JFK/UMass T stop to the school. Read more.

By adamg - 8/30/18 - 5:49 pm

The Massachusetts Appeals Court ruled yesterday that Njisane Chambers of Milton got a fair trial on charges he waited outside a Theater District club and tried to carve up several people - one an off-duty state trooper - after one of the women in the group rejected his request to dance with him and he was tossed from the club for throwing a drink at one of the men. Read more.

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