In 1996, Giovanna Pasquale and Telcom SpA (Telcom Italy) became the two shareholders of Telcom USA, Inc. (Telcom USA), and Daniele La Posta, Pasquale's husband, became its president. A few months after La Posta was terminated in December, 2001, as president of Telcom USA by Telcom Italy, La Posta, Pasquale, and their separate company Pottery Collaborative, Inc. (PC), brought this action alleging, ... More...   $0 (09-30-2008 - MA)

The defendants, The Enterprise Publishing Company, LLC, and reporters Elaine Allegrini and Allan Stein (collectively, Enterprise), obtained leave from a single justice of this court, see G.L. c. 231, § 118, to pursue this interlocutory appeal. Enterprise claims error in the denial of its motion for summary judgment as to plaintiff James F. Howell's defamation, invasion of privacy, and intentional... More...   $0 (10-01-2008 - MA)

The plaintiff, Jordany Delva, appeals from the allowance of summary judgment in favor of his employer, the defendant Brigham and Women's Hospital, Inc. (hospital), dismissing his complaint for discrimination on the basis of age, race, and color in violation of G.L. c. 151B, § 4(1), (1B). Delva alleges that the discrimination occurred when the hospital hired another to fill its open position for a... More...   $0 (10-03-2008 - MA)

Susan Becker, the plaintiff, worked as a reserve police officer in the town of Newbury (town) from 1995 until late January, 2001, when she struck her head on a cabinet while investigating a breaking and entering. She suffered a concussion and a cervical sprain and never returned to work. Instead, she began receiving disability payments from the town.

In July, 2002, Becker filed suit against... More...   $0 (10-09-2008 - MA)

On June 28, 2004, appellant, Lucia Enica (“Enica” or “Appellant”), a registered nurse employed by the Department of Veterans Affairs, brought suit against the Secretary of Veterans Affairs (“VA” or “Appellee”), alleging that the VA failed to accommodate her disability in violation of the Rehabilitation Act, 29 U.S.C. §§ 791 and 794(a), and that, after she sought accommodations an... More...   $0 (10-06-2008 - MA)

Jane Daniel sued Misha Defonseca on breach of contract and fraud theories claiming that Defonseca's 1997 book, "Misa: A Memoire of the Holocaust Years" was not true that that Defonseca's representation that it was true was a hoax. Daniel alleged that an earlier case filed by Vera Lee and Defonseca was a fraud of the court because Lee and Defonseca claimed that the story was true and that they were... More...   $0 (10-11-2008 - MA)

The Justice Department announced today that it has reached a settlement agreement with the Commonwealth of Massachusetts resolving allegations that the Commonwealth violated the rights of Puerto Rican voters under Section 4(e) of the Voting Rights Act (VRA).

Section 4(e) requires that election materials, including ballots, be provided in Spanish for Puerto Rican voters who are limited-Engli... More...   $0 (09-22-2008 - MA)

Appellants Rosalind Herman, Gregg Caplitz and Financial Resources Network, Inc. ("FRNI") filed suit in Massachusetts state court against appellees Rudy K. Meiselman and various members of his family. The suit stemmed from Meiselman's employment with FRNI and his participation in a profit-sharing plan under the Employee Retirement Income Security Act of 1974 ("ERISA"). Meiselman removed the matter ... More...   $0 (09-10-2008 - MA)

Robert Welch, a police officer in the Town of Stoughton (the Town), filed this lawsuit against the Chief of Police, the former Police Chief, two members of the Town’s Board of Selectmen (the Board) and the Town, alleging that the defendants impermissibly retaliated against him for exercising his rights under the First Amendment of the Federal Constitution. He also sought relief under a state whi... More...   $0 (09-23-2008 - MA)

In September, 2003, the plaintiffs, class A limited partners of Neptune Towers Associates (Neptune), filed an action in the Superior Court alleging four counts of breach of fiduciary duty against Neptune's general partners (general partners) and its attorney, William Bailey. The defendants answered and filed a counterclaim in January, 2005, alleging abuse of process, civil conspiracy, and defamati... More...   $0 (09-02-2008 - MA)

The plaintiff, formerly the director of a partial hospitalization program (the Boston Center) of the defendant, UHS of Westwood Pembroke, Inc. (Westwood), appeals from the dismissal on summary judgment of her claims for (1) violation of G.L. c. 149, § 187, the Massachusetts medical provider whistleblower statute; (2) violation of G.L. c. 151B; and (3) intentional interference with advantageous bu... More...   $0 (09-08-2008 - MA)

Fitzroy Prescott, an African-American male, is a mechanic for the City of Boston ("the City") who applied for a position as General Foreman for the City's Public Works Department. The selection committee -- made up of two white males, one white female, and one African-American male -- unanimously chose Horace Ryder, a white male. Prescott filed suit against the City, and two city supervisors in th... More...   $0 (08-20-2008 - MA)

Alan S. Noonan was fired from his job as a salesman at Staples, Inc. for allegedly padding expense reports. A Staples executive then sent a mass e-mail to about 1,500 employees informing them that Noonan had been fired for violating the company's travel and expense policy. Staples also denied Noonan his severance benefits and refused to allow him to exercise his stock options, claiming that, under... More...   $0 (08-21-2008 - MA)

McGills Glass Warehouse ("McGills"), an internet-based retailer of stained-glass supplies, and its owner Donald Gallagher, appeal from a district court judgment finding them liable for infringement of the registered trademarks "Venture Tape" and "Venture Foil," and awarding the marks' owner, Venture Tape Corporation ("Venture"), an equitable share of McGills’ profits, as well as costs and attorn... More...   $0 (08-28-2008 - MA)

Per Curiam. Pro se appellant Leslie J. McGill seeks review of the dismissal of her employment discrimination complaint against her previous employer, appellee U.S. Express Truck Co. of Ohio. The district court dismissed McGill's amended complaint as time-barred and denied her motion to amend as futile. As the following discussion will show, McGill's timely-filed in forma pauperis ("IFP") motion an... More...   $0 (09-04-2008 - MA)

The Office of the Chief Medical Examiner of Massachusetts has had a troubled history. This lawsuit is brought by a disgruntled former contract medical examiner, Dr. Abraham Philip, against the administrator of that office, John Cronin.

In November of 2000 the National Association of Medical Examiners ("NAME") conducted an audit and filed a report critical of the Office of the Chief... More...   $0 (08-07-2008 - MA)

In this securities case, a drug company, Biogen Idec Inc., conducted clinical trials and received accelerated FDA approval for TYSABRI, a promising new drug for multiple sclerosis and similar autoimmune diseases. The price of the company stock increased as FDA approval was sought and granted. Less than three months after the approval, on February 18, 2005, continuing clinical trials of the drug re... More...   $0 (08-07-2008 - MA)

This is an employment discrimination action brought by plaintiff-appellant Alexei Kouvchinov against his quondam employer, Parametric Technology Corporation (PTC), and Lisa Wales, a PTC functionary. The plaintiff's overarching claim is that the defendants cashiered him in retaliation for his exercise of the right to receive short-term disability (STD) benefits under an employee benefit plan, there... More...   $0 (08-08-2008 - MA)

We are asked to determine whether Massachusetts law permits recovery for a "loss of chance" in a medical malpractice wrongful death action, where a jury found that the defendant physician's negligence deprived the plaintiff's decedent of a less than even chance of surviving cancer. We answer in the affirmative. [FN3] As we later explain more fully, the loss of chance doctrine views a person's pros... More...   $0 (08-03-2008 - MA)

Today we recognize loss of chance of survival [FN3] as a theory of injury in a wrongful death action predicated on medical negligence, where the decedent's chances of survival were less than even prior to the physician's negligence. See Matsuyama v. Birnbaum, ante (2008) (Matsuyama ). See also G.L. c. 229, § 2. In this case, we principally consider whether loss of chance damages are recoverable w... More...   $0 (07-23-2008 - MA)

Plaintiff AGA Fishing Group Limited (“AGA”) was forced to sell the Georgie J, a scallop fishing vessel, and its scallop license to settle claims against AGA after a crewman suffered debilitating injuries aboard the vessel and recovered a substantial award under the Jones Act. AGA was insured through Defendant Flagship Group, Limited (“Flagship”), but the seaman’s award far exceeded the P... More...   $0 (07-22-2008 - MA)

Defendants Northeast Vehicle Services, LLC, East Brookfield & Spencer Railroad, LLC ("EB&SR"); Holston Land Company, Inc., CSX Real Property, Inc., Steven Pugliese, and George Bell all play various roles in the ownership and operation of an automobile distribution facility located in the towns of East Brookfield and Spencer, Massachusetts. Footnote Plaintiffs, Leo and Sara Fayard, own a seventeen-... More...   $0 (07-22-2008 - MA)

Plaintiffs/appellants, Carlos Pineda ("Pineda") and Alexandra Perez ("Perez"), appeal from the district court's entry of summary judgment in favor of the defendants/appellees, Joseph Toomey ("Toomey") and Joseph Watts ("Watts"), in this action for false arrest, unlawful search, and excessive force. We affirm.

I.

On April 28, 2003, a person was shot and killed at a Mobil ... More...   $0 (07-22-2008 - MA)

This case requires us to decide whether former employees who have received lump-sum distributions of the entire balance in their employer's defined contribution plan may sue on behalf of the plan to recover for alleged fiduciary breaches that diminished the value of their accounts. The question turns on whether they are "participants" within the relevant statutory definition in the Employee Retire... More...   $0 (07-22-2008 - MA)

The doctor ... More...   $4366000 (06-28-2008 - MA)

Appellants Wright Medical Technology, Inc. and Wright Medical Group, Inc. (collectively, "Wright") challenge the district court's summary judgment ruling that Wright breached its contract with Dr. Murali Jasty, as well as the district court's refusal to consider newly submitted facts on review of the report and recommendation of a magistrate judge. Jasty's cross-appeal challenges the district cour... More...   $0 (06-12-2008 - MA)

In 1993, Congress enacted a statute regulating the service of homosexual persons in the United States military. 10 U.S.C. § 654 (2007)(the Act). The Act, known as "Don't Ask, Don't Tell," provides for the separation of members of the military who engage, attempt to engage, intend to engage, or have a propensity to engage in a homosexual act. Id. § 654(b). In the aftermath of this congressional act... More...   $0 (06-12-2008 - MA)

This is a dispute between Boston Gas Company ("Boston Gas"), the largest provider of natural gas in the New England area, and one of its insurers, Century Indemnity Company ("Century"). Before natural gas became the primary source of energy in New England, Boston Gas produced gas fuel at facilities called manufactured gas plants, known in the industry as "MGPs". These MGPs created gas by heating c... More...   $0 (06-12-2008 - MA)

Malvina Montiero sued the City of Cambridge on a civil rights theory claiming that she was wrongfully terminated as executive directory of the city's Police Review and Advisory Board in retaliation for filing a discrimination claim against the city. Monteiro, who is Cape Verdean and was hired by the City of Cambridge in July 1990, filed a racial and national origin discrimination complaint with th... More...   $4500000 (05-28-2008 - MA)

Kimberly Smith and others sued Barnstable County on an inverse condemnation theory claiming that the County breached its duty to relocate Sheep Pond Road when erosion make the road unusable. Kimberly Smith, a trustee of Blue Devil Trust, James and Sara Healy, Cathyrn Palmeiri, Richard and Susan Rasmussen and Kathleen Canaiy, of Fayerweather Trust sought $2.7 million in reduction in property values... More...   $145832 (05-16-2008 - MA)

This case requires us to apply the accrual and statute of limitations provisions of the Uniform Commercial Code of Massachusetts to breach of warranty claims brought by Trans-Spec Truck Service ("Trans-Spec") against Caterpillar, Inc. Trans-Spec purchased twenty-two heavy-duty, custom-built trucks powered by Caterpillar engines. More than four and a half years after it took delivery of the trucks,... More...   $0 (05-01-2008 - MA)

Sean Holloway was fired from his position as a maintenance worker for Thompson Island Outward Bound Education Center, Inc. ("TIOB"), which is a non-profit organization operating on one of the Boston Harbor Islands. He brought suit in the federal district court for Massachusetts, alleging racial discrimination and retaliation in violation of Title VII and the analogous state law. 42 U.S.C. § 2000e ... More...   $0 (05-01-2008 - MA)

This securities case was brought against Boston Scientific, a publicly traded manufacturer of medical devices based in Natick, Massachusetts. The appeal concerns dismissal of claims based on the company's launch of a new product, the drug-eluting TAXUS coronary stent, and its eventual recalls. Plaintiff, a Mississippi pension fund and purchaser of Boston Scientific stock, alleges that company exec... More...   $0 (04-22-2008 - MA)

John Livick appeals a grant of summary judgment to his former employer, the Gillette Company, and the Gillette Company Retirement Plan (collectively "Gillette") in a dispute over the amount of his pension benefits under Gillette's employee benefit plan ("Plan"). Livick sued Gillette under the civil enforcement provisions of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001-1... More...   $0 (04-22-2008 - MA)

Defendants-appellants Shell Oil Company, Shell Oil Products Company (collectively, "Shell"), and Motiva Enterprises appeal jury verdicts against them on several claims relating to their treatment of plaintiffs-appellees (the "Dealers"), franchisees and operators of Shell-branded service stations. Shell and Motiva (together, "the defendants") challenge the legal basis for verdicts against them unde... More...   $0 (04-22-2008 - MA)

Alfred West sued IDT Corporation of Newark, New Jersey on a breach of contract and bad faith and fair dealing theories for failing to perform the terms of a handwritten contract drafted by IDT's Chairman while recruiting West, a telecommunications entrepreneur. ... More...   $10500000 (04-19-2008 - MA)

Plaintiffs-appellants Brandon S. Blair and Richard N. Tousignant ("plaintiffs") appeal the district court's dismissal of two separate actions in favor of defendants City of Worcester, Massachusetts ("City"), former Worcester Chief of Police James Gallagher, and Worcester Police Officers Daniel Dowd, Thomas Dowd, Thomas C. Duffy, Falcone Footnote , Edward McGinn, James Moore, Jose Ortiz, Jonathan T... More...   $0 (04-11-2008 - MA)

Don DiFiore and other American Airlines skycaps sued American Airlines claiming that it wrongfully imposed a $2 bag-check curbside check fee depriving them of the income that they needed to supplement their below minimum wage income from American. They claimed that travelers assumed the fee was an imposed tip or part of one thus reducing their tips. Plaintiffs claimed that when American planned th... More...   $41886 (04-13-2008 - MA)

Shawn Drumgold sued Timothy Callaghan and others under 42 U.S.C. 1983 claiming that his civil rights were violated and, as a direct result, he spent years in prison for a homicide he says he did not commit. Plaintiff was freed in 2003 after several witnesses recanted and a judge threw out his 1988 conviction for the slaying of Darlene Tiffany Moore, 12. He claimed that Callaghan concealed a paym... More...   $0 (04-11-2008 - MA)

Natasha Broadwell sued Balise Honda and Carl Eunice on hostile work environment and constructive discharge theories claiming that she was sexually harassed at her place of employment. She claimed that the conditions of her employment were so egregious that she was forced to leave her job. She claimed that she was touched inappropriately and that inappropriate things were said to her within a short... More...   $285000 (04-04-2008 - MA)