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)

B... More...   $0 (03-25-2008 - MA)

The genesis of this appeal is a contentious Massachusetts divorce. As part of the distribution of marital property, a state court judge assigned a portion of David Geiger's interest in three retirement plans to his (now ex) wife, Karen Leeds. In addition to exhausting his state court appeals of the divorce order, Geiger filed suit in federal court against the retirement plans and their administrat... More...   $0 (03-31-2008 - MA)

In this diversity case, Mario O. Mariasch, a citizen of California, claims that The Gillette Company, his former employer and a Delaware Corporation, wrongfully rejected his attempt to exercise stock options that he acquired in 1995 and 1996 as part of his executive compensation package. After Mariasch retired from Gillette on April 22, 2002, he had three years to exercise these options pursuant t... More...   $0 (03-31-2008 - MA)

Former Springfield police officer John Brock sued the City of Springfield, Massachusetts on wrongful termination hostile work environment sexual harassment theory claiming that doctored photographs with his head superimposed over a woman in a bikini were posted at police headquarters. Brock claimed that despite repeated complaints by him to his superiors and to the Massachusetts Commission Agains... More...   $400000 (03-25-2008 - MA)

David Ellrich, the plaintiff in the trial court, served as president of Morgan Financial Advisors ("Morgan"), which in turn served as investment advisor to the Convergent Market Fund Series II, LP ("Convergent"). Convergent was a Delaware-based hedge fund that traded in mutual fund indices and futures, a type of high risk investing. From December 2000 until April 2003, Ellrich managed a custodial ... More...   $0 (03-23-2008 - MA)

This putative class action challenges the legality, under the Fair Credit Reporting Act ("FCRA" or "the Act"), 15 U.S.C. § 1681 et seq., of an unsolicited letter to a consumer about the offering of credit for a home loan. Defendant Greenwood Credit Union sent the letter to plaintiff, Anthony Sullivan, and others based on a list of individuals meeting certain minimal credit requirements that Greenw... More...   $0 (03-19-2008 - MA)

Plaintiff-appellant, Sergeant Peter J. Damon ("Damon"), a former Sergeant in the Army Reserves, appeals from the dismissal of his defamation claim stemming from the non-consensual use of an interview he conducted for NBC Nightly News ("NBC") in the documentary "Fahrenheit 9/11" ("documentary"). According to Damon, defendants-appellees ("Appellees"), and more specifically, Michael Moore ("Moore"), ... More...   $0 (03-23-2008 - MA)

Dr. Abrosino denied that the care that he provided to Mrs.... More...   $14500000 (03-08-2008 - MA)

Akamai Technologies sued Limelight Networks on a patent infringement theory claiming that Limelight infringed on two key patents covering various aspects of its content distribution network. The patents, U.S. patents 6,108,703, and 6,553,413, are owned by the Massachusetts Institute of Technology and licensed exclusively to Akamai. The 8,703 patent describes a "global hosting system" that includes... More...   $45526946 (03-03-2008 - MA)

Plaintiff-appellant Bruce Jackson appeals from the district court's entry of summary judgment in favor of defendants, denying his claims, pursuant to 42 U.S.C. § 1983, that his termination from employment as a tenured professor at the Massachusetts Bay Community college ("MBCC") violated his due process and equal protection rights. Jackson, following arbitration, has been reinstated to his former ... More...   $0 (02-15-2008 - MA)

Plaintiff-appellant Christopher DeMayo appeals from a district court's order denying his motion for partial judgment on the pleadings and granting a dismissal on the basis of qualified immunity in favor of Massachusetts State Police (State Police) Troopers Robert Nugent and Jeffrey Lugas, Defendant-appellees. DeMayo's complaint alleged that Nugent and Lugas violated his right to be free from unrea... More...   $0 (02-22-2008 - MA)

Louise Scialdone sued the MBTA on a negligence theory claiming that she sustained brain damage when she was struck by an MBTA business. Scialdone, age 58, was waiting at a bus stop in February 2004 when the driver lost control of the bus on an icy street and fishtailed on to the sidewalk. Scialdone, who used a walker because of arthritis, was thrown several feet and hit her head on a parked car.... More...   $10000000 (02-15-2008 - MA)

Carol Barszcz sued Smurfit-Stone Container Corp. and Glenn Depot on hostile work environment (sexual harassment) and relation theories after the complained that she was being sexually harassed. Barszcz worked at the company full-time for 14-years when it was Eastern Container, which was bought by Smurfit-Stone. Barszcz alleged that from 2003 to 2005 Depot was guilty of a number of harassing behavi... More...   $1400000 (02-15-2008 - MA)

This bankruptcy case requires us to decide whether the post-petition sale of the debtor's home, for which he had obtained a homestead exemption under the law of Massachusetts protecting it from creditors, causes the proceeds of the sale to lose their exempt status under the Bankruptcy Code and become subject to pre-petition, nondischargeable debt. We conclude that the proceeds from the sale of the... More...   $0 (01-22-2008 - MA)

This appeal implicates the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461. It presents two issues of first impression concerning the scope of ERISA's exemption for so-called top-hat deferred compensation plans. See id. § 1051(2). After careful consideration, we conclude - as did the district court - that the plans at issue are valid top-hat plans. In the course... More...   $0 (02-01-2008 - MA)

This case requires us, as a matter of first impression, to determine whether the state crime of negligent vehicular homicide qualifies as a "criminal act" which would cap a debtor's homestead exemption to $125,000 under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), Pub. L. No. 109-8, § 322(a), 119 Stat. 23, 97 (codified at 11 U.S.C. § 522(q)(1)(B)(iv)). We hold th... More...   $0 (01-23-2008 - MA)

Appellants Arthur L. and Rita M. Clark, the trustees of the several Clark family trusts, Theodore Pérez, and Golden Acres Development Corporation (collectively, "Appellants") brought suit against the former mayor of the City of Westfield and various former city council members and commissioners (collectively, "Westfield") for obstructing the development of a residential subdivision on their land. ... More...   $0 (02-01-2008 - MA)

Two sets of parents, whose religious beliefs are offended by gay marriage and homosexuality, sued the Lexington, Massachusetts school district in which their young children are enrolled. They assert that they must be given prior notice by the school and the opportunity to exempt their young children from exposure to books they find religiously repugnant. Plaintiffs asserted violations of their own... More...   $0 (02-01-2008 - MA)

This is an appeal from a single judgment of the district court in two cases, both brought by CytoLogix Corp. against Ventana Medical Systems, Inc. One of the two district court cases, No. 01-10178, was a patent infringement action; the other, No. 01-12231, was an antitrust/misappropriation action. After two trials, both combining claims from each action, the district court entered final judgmen... More...   $0 (01-17-2008 - MA)

I. Relevant Factual and Pr... More...   $0 (01-18-2008 - MA)