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Publication Date: 2020-06-15
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0610
Trial court erred in deviating downward from alimony pendente lite guidelines where obligor husband failed to present evidence the guideline amount was inappropriate and unjust and where the trial court merely concluded wife did not need the full guideline amount to meet her expenses. Order of the trial court affirmed in part and reversed in part, case remanded for further proceedings.
Publication Date: 2020-06-08
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0578
DUI and drug charges, stemming from motor vehicle accident to which defendant previously pled guilty to reckless driving citation, could be dismissed under compulsory joinder rule where commonwealth could have brought the DUI and drug charges before the magisterial district judge that heard defendant's reckless driving citation. Order of the trial court reversed, case remanded.
Publication Date: 2020-05-11
Practice Area: Insurance Law
Industry: Construction | Insurance
Court: Superior Court
Judge: Judge Bowes
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Case Number: 20-0485
Trial court erred in granting summary judgment to insurer on the basis of the policy exclusion for snow and ice removal because insurer failed to conduct an adequate investigation after submission of the claim and its reservation of rights letter failed to "clearly communicate" the extent of the rights reserved which resulted in a presumption prejudice to appellant being sued for negligent snow and ice removal. Reversed.
Publication Date: 2020-04-20
Practice Area: Discovery
Industry: Construction
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0410
The trial court erred in ordering "attorneys' eyes only" disclosure by defendant of unredacted documents subject to claims of attorney-client and work product privilege for purposes of reconsidering redactions ordered upon an in camera review. The appellate court vacated the trial court's disclosure order in part.
Publication Date: 2020-04-13
Practice Area: Medical Malpractice
Industry: Health Care
Court: Superior Court
Judge: Judge Bowes
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for defendant:
Case Number: 20-0389
Trial court erred in ruling that attorneys' negligence was not the proximate cause of clients' loss where damages in second medical malpractice action were not barred under doctrines of collateral estoppel, res judicata, or one recovery rule by prior medical malpractice action arising from the same surgery. Summary judgment vacated, case remanded.
Law Journal Press | Digital Book
Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner
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Publication Date: 2020-03-30
Practice Area: Family Law
Industry: Legal Services
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0344
Trial court erred in terminating parent's rights where child was afforded ineffective assistance of counsel and where child expressed opposition to adoption, which was also opposed by the GAL. Order of the trial court affirmed, decree terminating parental rights vacated, case remanded.
Publication Date: 2020-03-30
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0338
While the parties' marital settlement agreement constrained husband's authority to use funds from qualified tuition plans established under 26 U.S.C. §529 for anything other than educational expenses, husband had authority to continue using his best judgment to address the children's ongoing educational needs and did not breach the MSA in managing those funds. The appellate court dismissed wife's appeal.
Publication Date: 2020-03-23
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0310
Where defendant opened fire on a victim in an area populated with multiple individuals and the commonwealth accused defendant of third-degree murder with the respect to the victim and recklessly endangering with regard to others present, the crimes implicated different victims as charged and convicted and, therefore, no merger of sentences resulted. The superior court affirmed.
Publication Date: 2020-03-16
Practice Area: Contractual Disputes
Industry: Real Estate
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0298
Trial court erred in dismissing plaintiff's breach of contract and unjust enrichment claims after the parties' oral agreement to jointly own a house fell apart and she was evicted, because her breach of contract claim did not seek enforcement of the alleged contract but sought damages for the money she contributed to the house and statute of frauds had no relevance to her unjust enrichment claims Reversed.
Publication Date: 2020-03-16
Practice Area: Family Law
Industry: State and Local Government
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0290
Trial court correctly denied CYS's petition to involuntarily terminate parental rights where CYS's demand that parent provide explanation for child's tragic fatal injuries that occurred while parent was at work was unconnected to original concerns that parent would fail to protect remaining children, where parent had years of unsupervised overnight visitations with no safety concerns. Decrees affirmed.
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