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Massachusetts Dram Shop Law
Commonwealth v. Cassino

In August, 2011, a sixty-five year old woman was
found dead in her apartment in the South Boston section of
Boston. She was the victim of blunt force trauma caused by a
baseball bat. The defendant, Adam Cassino, was indicted for the
crime and a jury convicted him of murder in the first degree on
theories of deliberate premeditation and extreme atrocity or
cruelty. ... More...
   $0 (04-10-2016 - MA)

American Steel Erectors, Inc. v. Local Union No. 7

As we explained in ASE I, the structural steel industry
is comprised of steel fabricators, who manufacture steel products
to meet design specifications, and steel erectors, who assemble
the fabricated steel. When a developer or owner taps a general
contractor to lead the construction of a building, that general
contractor typically solicits bids for a combined "fab and er... More...
   $0 (02-26-2016 - MA)

Commonwealth v. McWilliams

In this case, we address the question left open in Commonwealth v. Fortunato, 466 Mass. 500, 509 (2013): whether voluntary, unsolicited statements that are not the product of police questioning, made more than six hours after arrest, must be suppressed under the safe harbor rule established in Commonwealth v. Rosario, 422 Mass. 48, 56-57 (1996). Robert McWilliams, the defendant, was convicted o... More...   $0 (02-12-2016 - MA)

United States of America v. Martinez

In these consolidated criminal appeals, Karapet Dzhanikyan and Ronald Martinez raise a number of
challenges to their convictions, including some that concern the District Court's decision to try the two men together. For the reasons set forth below, we affirm each of the convictions except for Martinez's conviction for conspiring to use extortionate means to collect an extension of credit in... More...
   $0 (12-30-2015 - MA)

Limoliner, Inc. v. Dattco, Inc

LimoLiner is a Massachusetts corporation that owns and
operates a fleet of luxury motor coaches that are known as
"Liners." Dattco is a Connecticut corporation that repairs and
services motor vehicles, including buses and coaches. The
undisputed facts are as follows.
On May 30, 2011, two LimoLiner employees met with two
Dattco representatives to discuss the possible... More...
   $0 (12-24-2015 - MA)

Cumberland Farms, Inc. v. City Council of Marlborough

Pursuing a plan for a gasoline station and a
convenience store in the city of Marlborough, Cumberland Farms
filed with the council applications for a special permit, see
G. L. c. 40A, 9, and for a fuel storage license, see G. L.
c. 148, 13. Two meetings of the council's urban affairs
committee were held between June, 2012, and March, 2013, on the
special permit ... More...
   $0 (10-17-2015 - MA)

Nina Shervin v. Partners Healthcare System, Inc.

Plaintiff-appellant Nina Shervin,
M.D., secured admission to one of the country's most prestigious
orthopedic residency programs. When she was placed on academic
probation, she concluded that her superiors were discriminating
against her based on her gender and thereafter began retaliating
against her because she had dared to challenge the probation
decision. Bent o... More...
   $0 (10-13-2015 - MA)

Nina Shervin, M.D. v. Partners Healthcare System, Inc.

Plaintiff-appellant Nina Shervin,
M.D., secured admission to one of the country's most prestigious
orthopedic residency programs. When she was placed on academic
probation, she concluded that her superiors were discriminating
against her based on her gender and thereafter began retaliating
against her because she had dared to challenge the probation
decision. Bent on vindic... More...
   $0 (10-12-2015 - MA)

Boyle v. Zurich American Insurance Co.

Joseph P. Boyle was injured by an exploding tire
in an automobile repair shop operated by C&N Corporation (C&N).
Joseph2 and his wife, Janice M. Boyle, filed a complaint against
C&N, asserting claims for bodily injury and loss of consortium.
C&N held an insurance policy issued by Zurich American Insurance
Company (Zurich). The policy required that C&N provide notice More...
   $0 (09-14-2015 - MA)

Michael Mazariegos v. Loretta E. Lynch

Placed in removal proceedings
after his arrest on state charges, Michael Jonathan Mazariegos
sought to forestall his removal based on his marriage to a United
States citizen and the hardship his removal would cause his family.
He prevailed before an immigration judge (IJ), but lost when the
government appealed to the Board of Immigration Appeals (BIA).
Mazariegos did not se... More...
   $0 (06-24-2015 - MA)

Hyannis Marina, Inc. v. Angela M. O'Connor

Massachusetts Department of Public Utilities; JOLETTE A.
WESTBROOK, in her official capacity as Commissioner of the
Massachusetts Department of Public Utilities; ROBERT HAYDEN, in
his official capacity as Commissioner of the Massachusetts
Department of Public Utilities; JUDITH JUDSON, in her official
capacity as Commissioner of the Massachusetts Department of
Energy Resourc... More...
   $0 (05-18-2015 - MA)

United States of America v. Robert A. George

We write today about the curious case of Robert George,
a criminal-lawyer-turned-convict. Our story — which we narrate in
the light most favorable to the government, see United States v.
Acosta-Colón, 741 F.3d 179, 191 (1st Cir. 2013) — starts in a
Massachusetts town, sometime in early 2009. Standing in line to
buy coffee at a Dunkin' Donuts, George bumped into ex-con Rona... More...
   $0 (07-30-2014 - MA)

J.M. Hillister, LLC v. Architectual Access Board

This case turns on the interpretation and application of a Massachusetts regulation requiring that each
"entrance" to a public building or facility be accessible to persons with disabilities.
1 See G. L. c. 22, § 13A; 521 Code Mass. Regs. §§ 5.1, 25.1 (2006). The Architectural Access Board (board) issued a final decision concluding that each of the three doorways of a retail store... More...
   $0 (07-10-2014 - MA)

United States of America v. Jose L. Baez

In United States v. Sparks, 711 F.3d 58 (1st Cir. 2013), we held that the warrantless installation of a global positioning system (GPS) device on a defendant's automobile and the use of that device to monitor his and a co-defendant's movements for eleven days fell within the good-faith exception to the exclusionary rule, because the monitoring had occurred before the Supreme Court decided that the... More...   $0 (02-28-2014 - MA)

Nancy Geshke v. Crocs, Inc.

CROCS are odd looking shoes, known for their comfort. The plaintiff alleges that this reputation for comfort masks a hidden peril: the shoes present a heightened risk to the safety of wearers using escalators, and the manufacturer has failed to warn of this risk. The district court found these allegations unsupported and entered summary judgment accordingly. The plaintiff appeals. After careful c... More...   $0 (01-17-2014 - MA)

Thomas A. Atwater v. Mitchell D. Chester

Appellant Thomas Atwater sought review of his dismissal from his teaching position in the Manchester-Essex Regional School District ("School District"), first in Massachusetts state court and then in Massachusetts federal district court. Concluding that Atwater's claims were barred by res judicata, the district court granted summary judgment in favor of Appellees, the School District and the Massa... More...   $0 (09-20-2013 - MA)

Louis Fernandes v. Agar Supply Company, Inc.

In this personal injury action, Louis Fernandes sued AGAR Supply Company, Inc., for negligence in federal district court under diversity jurisdiction. Fernandes, a resident of Rhode Island, injured his back when he stepped into a hole in the floor of a tire "shed" which was on property leased by AGAR, a Massachusetts corporation, to Fernandes's employer, Penske Truck Leasing. Whatever remedies Fe... More...   $0 (07-31-2012 - MA)

Sebastian M. v. King Philip Regional School District

This case involves a claim under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. §§ 1400-1491, which requires that students with disabilities receive a free appropriate public education ("FAPE") in the least restrictive environment possible. See 20 U.S.C. § 1412(a)(1), (5). Sebastian M. is a disabled young man with mental retardation who was enrolled in a special education p... More...   $0 (07-12-2012 - MA)

Gomez v. Stop and Shop Supermarket, Co.

Plaintiff-appellant Armando Gomez, a Colombian national, sued defendant-appellee Stop & Shop Supermarket Co., after he slipped and fell while shopping. The district court entered summary judgment for the defendant. After careful consideration, we affirm.

The facts are not complicated. On June 19, 2007, the plaintiff entered the defendant's supermarket in North Andover, Massachusetts. While... More...
   $0 (03-02-2012 - MA)

Carmen Llerena Diaz v. Jiten Hotel Management, Inc.

A jury rendered a verdict in favor of plaintiff-appellee Carmen Llerena Diaz (Diaz) in this age discrimination action. On appeal, defendant-appellant Jiten Hotel Management, Inc. (Jiten) challenges the district court's jury instructions and the court's denial of Jiten's motion to certify a question of state law to the Massachusetts Supreme Judicial Court (SJC). We affirm.

I. Facts & Backg... More...
   $0 (02-07-2012 - MA)

Joy Goncalves v. Plymouth County Sheriff's Department

Plaintiff-Appellant Joy Goncalves ("Goncalves") appeals the district court's award of summary judgment to her employer, the Plymouth County Sheriff's Department ("PCSD"), on her allegations of employment discrimination based on her gender, race, and national origin in violation of Massachusetts General Laws Chapter 151B ("Chapter 151B") and Title VII 42 U.S.C. § 2000e, and her age in violation of... More...   $0 (10-07-2011 - MA)

Sagun Tuli v. Brigham & Women's Hospital

Now before us are four appeals in a case brought by Dr. Sagun Tuli, a female neurosurgeon, against her employer Brigham and Women's Hospital ("the Hospital") and her former co-worker and supervisor Dr. Arthur Day. The first appeal was by the Hospital from a preliminary injunction sought and obtained by Tuli; the three more recent appeals followed a jury verdict awarding Tuli damages against the de... More...   $0 (08-29-2011 - MA)

Robert Haggins v. Verizon New England, Inc.

LYNCH, Chief Judge. Between November 2008 and February 2009, Verizon New England, Inc. (VNE) began requiring its field technicians to carry company-issued cell phones during work. VNE supervisors need to stay in touch with field technicians, who are assigned to work on installation projects around Massachusetts and Rhode Island, and VNE found a previous company policy reliant on paging devices to... More...   $0 (07-27-2011 - MA)

Sheldon G. Adelson v. Moshe Hananel

Appellee Sheldon Adelson brought this declaratory action to determine rights under an oral contract that he had negotiated with appellant Moshe Hananel. In the district court Hananel argued that the agreement, pursuant to which he was employed by a company owned by Adelson, entitled him to obtain a twelve percent investment in Adelson's casino venture in Macau. Adelson claimed that their agreement... More...   $0 (07-13-2011 - MA)

Kelly A. LeBlanc v. Logan Hilton Joint Venture

The appeal in this wrongful death action requires us to define the potential liability of architectural parties in the circumstances of a large construction project, an extensive contract for their services, and the involvement of multiple codefendants. It presents a challenging exercise in civil procedure.

On August 4, 2004, Roger LeBlanc, a maintenance electrician employed by the Massachu... More...
   $0 (02-09-2011 - MA)

Kim Pelletier v. Town of Somerset

The plaintiff, Kim Pelletier, worked as a laborer for the highway department of the town of Somerset (town) from 1984 to 2000. In 2003, after first filing a complaint with the Massachusetts Commission Against Discrimination (MCAD), the plaintiff commenced an action in the Superior Court against the town and the highway department seeking damages for discriminating against her on the basis of gende... More...   $0 (11-30-2010 - MA)

Astralis Condominium Association v. Secretary, United States Department of Housing and Urban Development

Ours is a society in which people live, work, relax, and shop in apartment complexes, office towers, industrial parks, stadia, and malls that stretch as far as the eye can see. It is, therefore, unsurprising that a mundane artifact of modern life — the parking space — has become a prized possession.

This case illustrates the point. The complainants, believing themselves entitl... More...
   $0 (09-21-2010 - MA)

Emanuel Papadopoulos v. Target Corporation

The plaintiff Emanuel Papadopoulos was injured when he slipped and fell on a patch of ice in the parking lot of the Liberty Tree Mall in Danvers in front of a Target department store. [FN4] He filed suit in the Superior Court against the defendants Target Corporation, which controlled the area of the parking lot where the plaintiff fell, and Weiss Landscaping Company, Inc., the contractor retained... More...   $0 (07-26-2010 - MA)

Paul Giragosian v. Wayne Bettencourt

Plaintiff-appellant Paul Giragosian appeals from a district court order dismissing his Bivens action against Wayne Bettencourt, a regulatory inspection officer employed by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF"). Footnote In that action, Giragosian argued that Bettencourt's warrantless inspection of Giragosian's gun shop at the request of the local police department v... More...   $0 (07-29-2010 - MA)

Juan Rivera v. Club Caravan

In the early morning hours of January 28, 2001, a drunk driver slammed into a State police cruiser that was parked in the breakdown lane of Route 24. As a result, Trooper Gerald Shea and Juan Rivera, a stranded motorist that Trooper Shea had stopped to assist, were severely injured. They brought negligence claims against the driver and various entities and individuals that owned or operated the ba... More...   $0 (06-11-2010 - MA)

Joseph Coggeshall v. Massachusetts Board of Registration of Psychologists, et al.

This appeal compels us to weave a decisional tapestry from several doctrinal strands that help define the margins of federal-court jurisdiction, including Eleventh Amendment immunity, abstention, and standing. The appellants (a psychologist and a third party) challenge a state administrative proceeding that resulted in the imposition of professional discipline against the psychologist. The distric... More...   $0 (05-17-2010 - MA)

Suzanna Sensing v. Outback Steakhouse of Florida, LLC and Charles Kozmits

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)

Nathaniel Abraham v. Woods Hole Oceanographic Institute and Mark E. Hahn

Appellant Nathaniel Abraham (“Dr. Abraham”) appeals the denial of his motion for leave to file an amended complaint, and the district court’s decision not to apply equitable tolling principles in granting a motion for judgment on the pleadings filed by Appellees Woods Hole Oceanographic Institution (“WHOI”) and Mark E. Hahn (“Dr. Hahn”)(collectively “Defendants”). For the reasons... More...   $0 (01-22-2009 - MA)

Paul S. Giragosian v. Frederick Ryan and Town of Arlington, MA

Appellant Paul Giragosian owned and operated a gun shop in Arlington, Massachusetts for approximately thirty-one years. In March 2007, Arlington’s Chief of Police, Frederick Ryan, revoked and forfeited appellant’s licenses to carry and sell firearms. Subsequently, appellant filed a 42 U.S.C. § 1983 suit in federal district court alleging that Ryan and the Town of Arlington violated his rights... More...   $0 (11-10-2008 - MA)

Jordany Delva v. Brigham and Women's Hospital, Inc.

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)

Fitzroy Prescott v. David Higgins, et al.

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)

David R. Geiger v. Foley Hoag LLP Retirement Plan, et al.

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)

Robert E. Nunez v. Carrabba's Italian Grill, Inc., et al.

In this summary judgment action now before us on direct appellate review, we answer the following question left open in Tobin v. Norwood Country Club, Inc., 422 Mass. 126 (1996). What is the legal responsibility of a licensed commercial establishment for injuries sustained by an adult, but underage, patron [FN2] as a consequence of that establishment's furnishing alcoholic beverages to such pat... More...   $0 (01-17-2007 - MA)

Marcia Rhodes v. Carlo Zalewski and GAF Materials Corp.

Marcia Rhodes sued Carlo Zalewski and his employer, GAF Materials Corporation, for the spinal cord injury that she sustained when the 78,000-pound truck that Zalewski was driving hit her car while it was stopped on Route 109 in Medway. Rhodes, age 46, was on her way to an antique shop on January 9, 2002, when she was stopped by a Medway police officer because of some work being performed on th... More...   $9500000 (09-24-2004 - MA)

Martin J. Mulvihill v. The Top-Flite Golf Company, f/k/a Spalding Sports Worldwide, Inc., et al.

Having become convinced that Spalding Sports Worldwide, Inc. (Spalding) had terminated his employment without proper cause, (1) plaintiff-appellant Martin J. Mulvihill asked his union -- Local 1851 of the International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers (the Union) -- to prosecute a grievance against Spalding pursuant to the collective bargaining a... More...   $0 (07-02-2003 - MA)

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