![]() The Court not only agreed with Attorney Bernard that breath test results from this particular time period were scientifically unreliable, it sanctioned the Office of Alcohol Testing (OAT) after it was uncovered by the late breath test expert Thomas Workman that OAT had intentionally withheld court ordered documents that showed that the breathalyzer devices were failing the calibration process.Īs a result of this discovery, OAT was investigated by the Executive Office of Public Safety and Security (EOPSS). Ananias, the statewide litigation challenging the scientific reliability of breath test results in Massachusetts. The reason for this begins with Attorney Bernard’s work in the statewide litigation Commonwealth v. If you were convicted of an OUI/DUI in Massachusetts and submitted to a breathalyzer that was calibrated between June of 2011 and April 18, 2019, you may be eligible to have your case reopened. ![]() You can reach us via our online form or at 50 to schedule a meeting.Springfield Motion to Vacate Lawyer The Fallout of Breath Test Evidence: Motion to Vacate Plea or Motion for New Trial Meehan are proficient at aiding people harmed in accidents caused by carelessness in the pursuit of recourse for their damages, and if you engage our services, we will advocate aggressively on your behalf. The skillful Massachusetts personal injury attorneys of the Law Office of James K. If you suffered injuries due to the negligence of another party, you may be able to recover compensation and should consult an attorney to discuss your potential claims. Meet with a Skillful Massachusetts Attorney As such, the appellate court affirmed the trial court ruling. ![]() Specifically, the plaintiff’s attorney was incarcerated in another country and had two significant and debilitating health events. In the subject case, the court found that the trial court did not abuse its discretion in concluding that extraordinary circumstances were present that warranted relief from the judgment. While the Rule allowing for a judgment to be vacated should be applied sparingly, the purpose of the rule is to achieve justice. The appellate court explained that in assessing whether to vacate a judgment, a court could weigh whether the moving party’s claim or defense has merit and whether the rights of the parties will be substantially affected if the court grants the motion. The court was not persuaded by this argument, noting that relief may be granted for other reasons under the Rules that rise to the level of extraordinary circumstances. In the subject case, the defendant argued that the plaintiff failed to demonstrate any of the factors that would allow for relief via the Rules. An appellate court will not set aside a trial court ruling on a motion to vacate absent an abuse of discretion. Finally, the Rules allow for a court to vacate a judgment for any other reason that justifies relief from the judgment. It may also be overturned due to fraud or misrepresentation, or because it is void or has been discharged. Specifically, a judgment may be vacated due to excusable neglect, mistake or inadvertence, or because of newly discovered evidence. Massachusetts Rules of Civil Procedure (the Rules) allow a party to move to vacate a judgment if certain parameters are met. ![]() The court granted the motion, however, and the defendant appealed. The plaintiff then filed a motion to vacate the judgment, which the defendant opposed. The plaintiff’s claims were ultimately dismissed via a judgment from the court. It is reported that the plaintiff filed a negligence lawsuit against the defendant condominium association following an accident in which she sustained injuries. If you were harmed by another party’s reckless acts, it is critical to retain an accomplished Massachusetts personal injury attorney who will fight to help you protect your rights. Even if a person’s claims are dismissed due to the failure to comply with the statutory rules, however, relief may be available via a motion to vacate in some circumstances, as discussed in a recent Massachusetts negligence case. While most negligence cases are ultimately resolved based upon the merits of the plaintiff’s claims, some cases are dismissed on procedural grounds.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |