Plaintiffs Joseph P. Donahue (“Donahueâ€�) and Sonoran Scanners, Inc. (“Sonoranâ€�) appeal from an order of the United States District Court for the District of Massachusetts granting summary judgment to defendant PerkinElmer, Inc. (“PerkinElmerâ€�) on claims for breach of contract and violation of Massachusetts General Laws Chapter 93A, Mass. Gen. Laws ch. 93A § 11. These claims arise fro... More...   $0 (10-29-2009 - MA)

Jody Reilly sued Massachusetts State Police on a civil rights violation theory claiming that she was discriminated against and retaliated against by her supervisor after she turned down his advances. Plaintiff, age 39, was the agency's first female helicopter pilot. She claimed that Major Michael Barry challenged her skills as a pilot after she turned down his advances while he was the commander ... More...   $0 (10-23-2009 - ma)

Starting in July 1989, Cheryl Wallace worked for nearly fourteen years for Ortho Biotech, Inc. ("Ortho Biotech"), an operating company in the Johnson & Johnson family of companies. She was covered by Johnson & Johnson's Long Term Disability Income Plan for Choices Eligible Employees of Johnson & Johnson and Affiliated Companies ("the Plan"). On this appeal, Wallace--now on disability leave and rel... More...   $0 (10-22-2009 - MA)

Falmouth Ox-Bow Realty Trust, et al. sued Joseph and Ruth Black on a breach of contract theory claiming that they failed to transfer title to property they owned. The Blacks counter-claimed, alleging breach of contract, violations of Chapter 93A, and fraud and misrepresentation. ... More...   $2500000 (10-17-2009 - MA)

Shawn Drumgold sued Timothy Callahan and the City of Boston on civil rights violation theories, 42 U.S.C. 1983, claiming that he was wrongfully convicted for the 1988 slaying of a 12-year-old girl and spent 15-years in prison as a direct result of Timothy Callahan withholding from prosecutors the fact that he put a key prosecution witness up at a motel, gave him meals and $20. Drumgold was convict... More...   $14000000 (10-21-2009 - MA)

James F. Howell sued the Town of Abington and Town Commissioners Mark Jamieson, Janice McCarthy and E. Thomas Rogers on age discrimination, intentional infliction of emotional distress, breach of contract and wrongful termination theories. Howell was the Sewer Department Superintendent from 1998 to 2005 and was paid $64,000 per year by the Town.

Defendants denied wrongdoing. Defendants al... More...   $405000 (10-06-2009 - MA)

Jane Doe, the plaintiff, brought this equity action against the defendants XYZ Co., Inc. (XYZ), and its director, Bill Smith (Smith), seeking an order requiring them to disclose the name of a sperm donor reflected on XYZ's records as donor number D237 and whom we shall call D237. Doe claims that she was artificially inseminated in London, England, with D237's sperm and consequently bore twin daugh... More...   $0 (09-30-2009 - MA)

The question presented in this appeal is whether a claim under the Massachusetts Wage Act, G.L. c. 149, §§ 148 et seq. (Wage Act), is subject to a mandatory arbitration provision in the parties' individually negotiated employment agreement. We conclude that it is and reverse the order denying the defendants' motion to dismiss and to compel arbitration.

Background. Plaintiff Wendy Dixon, a... More...   $0 (09-28-2009 - MA)

This is an appeal by Hy-Brasil Restaurants, Inc. (Hy-Brasil), and Liam Tiernan (Tiernan) from a judgment entered after a jury-waived trial that held both defendants jointly and severally liable on the basis of quantum meruit [FN2] to pay the plaintiff-subcontractor for its services. We affirm with a slight modification.


Background. We take our facts from the findings of the trial ju... More...   $0 (09-30-2009 - MA)

Plaintiffs-Appellants Therese Shepley and Larry Young, representing a class of nationwide consumers, appeal from the district court's adverse entry of a final judgment as to their claims against Defendants-Appellees Johnson & Johnson; Centocor, Inc.; and Ortho Biotech Products, L.P. (collectively "J&J"). The appellants contend that the district court improperly entered judgment against them before... More...   $0 (10-02-2009 - MA)

The question presented in this appeal is whether a claim under the Massachusetts Wage Act, G.L. c. 149, §§ 148 et seq. (Wage Act), is subject to a mandatory arbitration provision in the parties' individually negotiated employment agreement. We conclude that it is and reverse the order denying the defendants' motion to dismiss and to compel arbitration.

Background. Plaintiff Wendy Dixon, a... More...   $0 (09-28-2009 - MA)

A judge of the Land Court entered a summary judgment declaring that easement language was in essence a view easement that permits the defendants to cut vegetation in order to maintain their view. The plaintiff appeals. We affirm.

Background. The original plaintiff, Richard Stafursky, is the founder and president of World Species List--Natural Features Registry Institute (World Species). Wor... More...   $0 (09-29-2009 - MA)

On these appeals, certain pharmacies, several organizations representing pharmacies and an organization representing pharmacy benefit managers ("PBMs") challenge settlements in two class actions. The actions were brought by purchasers of pharmaceutical drugs against publishers of drug pricing data, as well as a wholesaler not party to these appeals. At issue are both the validity of the settlement... More...   $0 (09-03-2009 - MA)

Plaintiffs-Appellants Therese Shepley and Larry Young, representing a class of nationwide consumers, appeal from the district court's adverse entry of a final judgment as to their claims against Defendants-Appellees Johnson & Johnson; Centocor, Inc.; and Ortho Biotech Products, L.P. (collectively "J&J"). The appellants contend that the district court improperly entered judgment against them before... More...   $0 (09-29-2009 - MA)

AsymmetRx, Inc. (“AsymmetRxâ€�) appeals from the final judgment of the United States District Court for the District of Massachusetts granting summary judgment in favor of Biocare Medical, LLC (“Biocareâ€�). AsymmetRx, Inc. v. Biocare Med. LLC, 578 F. Supp. 2d 333 (D. Mass. 2008). Because we conclude that AsymmetRx does not have statutory standing to pursue this action absent the participation... More...   $0 (09-22-2009 - MA)

ARCADO, an architectural firm, sued the Town of Falmouth on a breach of contract theory claiming that the Town wrongfully and without cause terminated Plaintiff's contract with the Town to assist with the renovation of the Falmouth High School. ARCADO sought $30 million in damages claiming that it had to lay off employees and could not get new projects upon which to work because of the wrongful te... More...   $1500000 (09-26-2009 - MA)

Petitioner Evgeniya Kartasheva, a native of the Soviet Union and citizen of Uzbekistan, seeks review of a Board of Immigration Appeals ("Board") order denying her asylum, withholding of removal, and protection under the Convention Against Torture ("CAT"). The Board adopted and affirmed the decision of an Immigration Judge ("IJ") who found that Kartasheva was not credible and that she had failed to... More...   $0 (09-14-2009 - MA)

American pharmaceutical giant Pfizer Inc. and its subsidiary Pharmacia & Upjohn Company Inc. (hereinafter together "Pfizer") have agreed to pay $2.3 billion, the largest health care fraud settlement in the history of the Department of Justice, to resolve criminal and civil liability arising from the illegal promotion of certain pharmaceutical products, the Justice Department announced today.
More...   $2300000000 (09-03-2009 - MA)

The plaintiff, Robert Somers, twice applied for full-time employment with Converged Access, Inc. (CAI), but neither application resulted in a job offer. He later agreed to work for CAI on a temporary basis as an "independent contractor." After CAI terminated his contract and did not respond to his third application seeking permanent employment, the plaintiff filed suit in the Superior Court agains... More...   $0 (08-21-2009 - MA)

The plaintiff, Colman M. Herman, sued the defendant, Admit One Ticket Agency LLC (Admit One), a licensed ticket reseller, alleging that it offered to sell him Red Sox tickets at prices that allegedly were unlawful under G.L. c. 140, § 185D (§ 185D), which imposes limitations on the prices ticket resellers may charge, and thus violated G.L. c. 93A, § 9 (c. 93A). At the close of Herman's case at ... More...   $0 (08-27-2009 - MA)

This is an appeal from a grant of summary judgment in a diversity action. Plaintiff-appellant Suzanna Sensing, who suffers from multiple sclerosis, brought suit against her former employer, defendant-appellee Outback Steakhouse ("Outback"), and her manager, defendant-appellee Charles Kozmits, (collectively, "the appellees"), alleging handicap discrimination in violation of the Massachusetts anti-... More...   $0 (08-11-2009 - MA)

This appeal concerns the qui tam provisions of the False Claims Act (the "FCA"), 31 U.S.C. § 3730, which allow whistleblowers (called "relators") to bring certain fraud claims on behalf of the United States. Footnote The relators in this case, the plaintiffs-appellants Mark Duxbury and Dean McClellan (together, the "Relators"), alleged that defendant-appellee Ortho Biotech Products, L.P. ("OBP")... More...   $0 (08-13-2009 - MA)

Suzanne Genereux, her husband Barry Genereux, and their children brought suit against various manufacturers of beryllium products, alleging that their products caused injury to Suzanne Genereux when she came into contact with them at her workplace. The complaint asserted negligence, breach of warranty, failure to warn, violation of Massachusetts General Laws chapter 93A, and other claims. The dist... More...   $0 (08-20-2009 - MA)

This diversity case involves a set of contracts between four corporations, who all agree that New York law governs this action. On one side is defendant-appellee Balboa Capital Corporation ("BCC"), who provides and finances equipment leases for small businesses, and third-party defendant-appellee Balboa Life & Casualty Company ("Balboa Life"), Footnote the parent company of the insurance provider... More...   $0 (09-03-2009 - MA)

This appeal involves two claims of instructional error and a belated claim of error concerning the procedure to be followed by a trial court under the 2003 amendments to Federal Rule of Civil Procedure 51. Concluding, as we do, that no substantive or procedural error tainted the challenged jury instructions, we affirm.

I. BACKGROUND

We rehearse here only those facts necessa... More...   $0 (09-02-2009 - MA)

S.A.A.T. Systems Application of Advanced Technology, Ltd. and Daiwa Products, Inc. (collectively “SAATâ€�) appeal the denial of their motion for judgment as a matter of law (“JMOLâ€�) after a jury found that SAAT willfully infringed U.S. Patents No. 5,012,813 (“the ’813 patentâ€�), No. 6,047,205 (“the ’205 patentâ€�), and No. 6,292,685 (“the ’685 patentâ€�) and awarded lost profit ... More...   $0 (08-04-2009 - MA)

In 1986, the appellant, Recreational Amusements of Massachusetts, Inc. (RA), began operating an amusement park on about thirty-four acres of land (the land) in Millbury. That use continued until 1995, when the Massachusetts Turnpike Authority (authority) took the parcel by eminent domain for the construction of a highway interchange. In connection with that taking, the authority hired Calvin Hasti... More...   $0 (07-16-2009 - MA)

A dispute based on an individual's transfer of services from one business to another requires, yet again, consideration of the extent to which G.L. c. 93A has augmented more traditional causes of action rooted in tort and contract law.

Background. The following facts are undisputed. The defendant Putnam Investments, LLC (Putnam), manages mutual funds and other investments. In the conduct of... More...   $0 (07-23-2009 - MA)

While insured under a policy issued by the defendant Hanover Insurance Company (Hanover), Frank Izdebski, doing business as United Oil Company (United Oil), caused an oil spill on property owned by the plaintiff, National Equity Properties, Inc. (National), necessitating a supervised cleanup. The parties disagree as to the amount of coverage under the policy. In February, 2008, National filed a si... More...   $0 (07-27-2009 - MA)

In this personal injury case we must decide whether it was permissible for a judge to instruct jurors that they could discuss evidence among themselves during the course of the trial, without the agreement of all parties. We do not indorse the practice except in civil trials where all parties agree, but conclude that the defendants suffered no prejudice in this case from the judge's decision to al... More...   $0 (07-16-2009 - MA)

The board of appeal of Billerica (board) appeals from a judgment of the Superior Court ordering the board to modify a special permit and variance it previously had granted to Wendy's Old Fashioned Hamburgers of New York, Inc. (Wendy's). The original special permit and variance provided that there be only one entrance-exit (hereinafter entrance) to the Wendy's site, and that a green strip be built ... More...   $0 (07-24-2009 - MA)

In connection with an appeal pending before it, the United States Court of Appeals for the First Circuit has certified the following questions to this court, pursuant to S.J.C. Rule 1:03, as appearing in 382 Mass. 700 (1981):

"1. Where an insured protected by standard CGL [FN3] policy language incurs covered costs as a result of ongoing environmental contamination occurring over more than o... More...   $0 (07-24-2009 - MA)

The plaintiff, Carol A. Warfield, the former chief of anesthesiology at Beth Israel Deaconess Medical Center, Inc. (BIDMC), filed this action in the Superior Court against her employers, alleging gender-based discrimination and retaliation in violation of G.L. c. 151B, and factually related common-law claims. The BIDMC and the other defendants moved to dismiss Warfield's complaint and compel arbit... More...   $0 (07-27-2009 - MA)

Paul A. Gargano and his law firm, Gargano & Associates P.C., (collectively "Gargano"), appeal the district court's dismissal of the complaint in this diversity-based lawyer's professional liability insurance coverage dispute. Because Gargano's insurance claim was not both made and reported within the relevant policy coverage periods, Gargano states no plausible claim for breach of contract or for ... More...   $0 (07-14-2009 - Ma)

Jay Odunukwe appeals from a jury verdict in favor of Bank of America ("the Bank"). We affirm.

I.

Odunukwe, an African-American originally from Nigeria, sued the Bank after employees of its Medway, Massachusetts branch refused to cash a check that he presented. Odunukwe testified that he was not a client of the Bank and that, in attempting to cash the check drawn on his siste... More...   $0 (07-01-2009 - MA)

This appeal presents the question of whether a Massachusetts statute entitling a party to attorneys' fees following a successful arbitration entitles the same party to attorneys' fees incurred in successfully defending against an attempt to overturn the arbitral award in court. The district court denied the request for fees without explanation. We reverse and remand for further proceedings.
More...   $0 (07-08-2009 - MA)

For more than three decades, those who advocate for a woman's right to choose and those who advocate for the right to life (based on a belief that life begins at the moment of conception) have struggled for advantage in the marketplace of ideas. A series of pitched battles, forming a part of this struggle, has been waged at free-standing abortion clinics, where protestors and anti-abortion counse... More...   $0 (07-08-2009 - MA)

We must decide whether the district court erred in issuing a preliminary injunction against proceedings pending before the Massachusetts Commission Against Discrimination (“MCADâ€�) on the ground that federal law preempted state law claims because the district court was required to abstain from deciding the preemption issue under the doctrine of Younger v. Harris, 401 U.S. 37, 45–47 (1971). W... More...   $0 (07-08-2009 - MA)

The plaintiffs in this case, Lobisser Building Corp. (Lobisser) and Crystal Springs Condominium Association, Inc. (association), filed a complaint in the Land Court appealing from a decision of the planning board of Bellingham (board) denying their application for a modification of a special permit and for development plan approval. The plaintiffs asserted that the board's decision that the specia... More...   $0 (06-22-2009 - MA)

We granted the defendants' application for further appellate review to consider whether a Superior Court judge erred in denying the defendants' special motion to dismiss, pursuant to G.L. c. 231, § 59H (anti-SLAPP statute). [FN2] Because we conclude that the defendants are entitled to interlocutory appellate review, and that the motion judge erred in denying their special motion to dismiss, we re... More...   $0 (06-25-2009 - MA)