7 results for 'judge:"Hodgens"'.
J. Hodgens upholds the denial of a property owner’s motion to dismiss a real estate company’s complaint, in which the company seeks enforcement of its right of first refusal to purchase the owner’s property. The owner failed to demonstrate that the company’s claim was frivolous. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Hodgens, Filed On: March 20, 2024, Case #: 22-P-1139, Categories: Property, Real Estate
J. Hodgens affirms judgment in favor of a husband after his wife sued him for breach of contract when he stopped making monthly payments as stipulated by their separation agreement. The husband made the payments as required until the wife tried to kill him by attacking him and their 9-year-old son with a hatchet outside of his dental practice, which ended his obligation to pay her.
Court: Massachusetts Court Of Appeals, Judge: Hodgens, Filed On: November 16, 2023, Case #: 22-P-378, Categories: Family Law, Contract
J. Hodgens finds that the lower court improperly terminated the mother's parental rights. Because the child is an enrolled member of the Mashpee Wampanoag tribe, the Indian Child Welfare Act required the Department of Children and Families to present expert testimony showing that custody of the parent is likely to result in emotional or physical damage to the child. The department's expert did not have the proper experience or training to testify as to the child's likelihood of harm. Vacated.e
Court: Massachusetts Court Of Appeals, Judge: Hodgens, Filed On: September 26, 2023, Case #: 22-P-568, Categories: Family Law, Native Americans, Experts
J. Hodgens reverses the determination that an eye surgeon’s failure to translate an arbitration agreement to Spanish for his patient, amounts to fraud in the inducement. The patient’s lack of understanding of the form does not mean it was a form of fraud in the inducement because the patient signed the form anyway, even though he could have requested an interpreter or otherwise chosen not to sign the form until he could understand it.
Court: Massachusetts Court Of Appeals, Judge: Hodgens, Filed On: August 31, 2023, Case #: 22-P-904, Categories: Arbitration, Fraud, Contract
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J. Hodgens finds that the lower court improperly found against a woman who sued a construction company for negligence after she tripped and fell over a protruding granite block. The lower court determined that the defect was too minor for a negligence claim, but the construction company had plans to correct the defect, which means it was aware of its existence and yet failed to correct it immediately or mark off the area. Vacated.
Court: Massachusetts Court Of Appeals, Judge: Hodgens, Filed On: July 21, 2023, Case #: 22-P-716, Categories: Negligence, Premises Liability
J. Hodgens finds the lower court improperly found for a town on three police officers' action regarding the lower rate of pay they received while attending the policy academy. Despite labeling the new-hires as cadets during training, the relevant statute requires the town to pay them the wages they would receive as police officers. Vacated.
Court: Massachusetts Court Of Appeals, Judge: Hodgens, Filed On: June 22, 2023, Case #: 22-P-259 , Categories: Labor