Rabinowitz v. Schenkman, Mass Appeals Court Case No. 2022-P-0378
Nov 16, 2023
OUTCOME: Husband entitled to avoid obligation to pay wife under separation agreement due to wife's breach of the covenant of good faith and fair dealing by attempting to kill husband.
Where wife attacked the husband and one of the children with a hatchet and accused the husband of ruining her “reunification plans” that were “in the works” for the children, there was sufficient evide...nce that wife was attempting to undo the separation agreement between the parties constituted a breach of the covenant of good faith and fair dealing, thereby preventing the wife from enforcing a term of the separation agreement requiring husband to pay money to the wife.
Appeals
Biping Huang v. Jing Ma, Supreme Judicial Court of Massachusetts, No. SJC-13325 (2023)
Feb 02, 2023
OUTCOME: Finding in favor of the plaintiff, broker
A verbal exclusive real estate broker agreement is valid and enforceable in Massachusetts. Where the plaintiff, broker, alleges that the defendant customer breached that contract, the plaintiff is en...titled to her expectation damages.
The Court affirmed a judgment against the plaintiff who suffered a serious leg injury at a worksite at which the defendant Rochester Bituminous concrete was the general contractor. The Court also affi...rmed the plaintiff's contention that Rhode Island law applied to the plaintiff's claims and Rochester's defenses and that Massachusetts law applied to the issue of the calculation of prejudgment interest.
Appeals
Campbell v. Cape Islands HealthCare Servs Inc., 81 Mass App Ct 252 (2012)
Feb 07, 2021
OUTCOME: Plaintiff granted a new trial.
Medical Malpractice Plaintiff entitled to a new trial on the grounds that the Trial Court made multiple errors of law including its failure to instruct the jury of how to weigh the evidence of the defe...ndant's violation of a Massachusetts regulation pertaining to the operation of the defendant's clinic. The Court also clarified the judge's role as gatekeeper in determining whether an expert is qualified to testify in
accordance with sections 104(a) and 702 of the Mass. G. Evid.