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COMMONWEALTH v. MORGAN RV RESORTS, LLC

No. 13-P-119.

84 Mass. App. Ct. 1 (2013)

COMMONWEALTH v. MORGAN RV RESORTS, LLC, & others (and five companion cases).

Appeals Court of Massachusetts, Suffolk.

July 9, 2013.

Attorney(s) appearing for the Case

Christa A. Arcos (Scott D. Burke with her) for Carmel Gilberti.

Jonathan B. Engel, Assistant Attorney General (Mychii Snape, Assistant Attorney General, with him) for the Commonwealth.

Present: CYPHER, KAFKER, & SULLIVAN, JJ.

KAFKER, J.

The issue presented is whether a judge who sued her former law firm for unpaid compensation and lost should have recused herself from cases involving that firm, four years after the Supreme Judicial Court decided the case. Applying the two-part test set forth in Lena v. Commonwealth, 369 Mass. 571, 575 (1976), the judge concluded that she held no actual bias, and that no reasonable person would question...

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