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Massachusetts False Imprisonment Law
 
United States ex rel. Melayna Lokosky v. Acclarent, Inc.

Boston, MA - Johnson & Johnson Subsidiary Acclarent Inc. Pays Government $18 Million to Settle False Claims Act Allegations

California-based medical device manufacturer Acclarent Inc., a subsidiary of Johnson & Johnson, has agreed to pay $18 million to resolve allegations that the company caused health care providers to submit false claims to Medicare and other federal health care program... More...
   $18000000 (07-24-2016 - MA)

Commonwealth v. Gibson

The principal issue in this appeal is whether a
Superior Court judge properly ordered the forfeiture of the
defendant's right to counsel in a probation revocation hearing.
The judge, faced with a defendant who admittedly engaged in a
pattern of quarrelsome, confrontational, hostile, and
threatening conduct toward a succession of nine different court
appointed attorney... More...
   $0 (07-13-2016 - MA)

Commonwealth Of Massachusetts v. Resende

In a jury-waived trial in June, 2014, a
Superior Court judge found the defendant, Admilson Resende,
guilty of several firearms offenses, each of which had
associated with it an armed career criminal sentence enhancement
charge under G. L. c. 269, § 10G (§ 10G), the Massachusetts
armed career criminal act (Massachusetts ACCA). After a
separate jury-waived trial on ... More...
   $0 (06-09-2016 - MA)

Commonwealth v. Thompson

The defendant was convicted by a Superior
Court jury of two counts of credit card fraud over $250 in
violation of G. L. c. 266, § 37C(e); two counts of credit card
fraud under $250 in violation of G. L. c. 266, § 37B(g); two
counts of identity fraud in violation of G. L. c. 266, § 37E(b);
one count of receiving stolen property with a value in excess of
$250 in violat... More...
   $0 (06-06-2016 - MA)

Commonwealth v. Millien

On the evening of October 20, 2009, the
defendant's six month old daughter, Jahanna, was rushed to the
emergency room, unconscious and unresponsive. She was diagnosed
with traumatic brain injury, and scans of her brain showed
retinal hemorrhages, subdural hematoma, and brain swelling, the
three symptoms known as "the triad" associated with shaken baby
syndrome. The ... More...
   $0 (06-06-2016 - MA)

Commonwealth v. Mattier

The defendants, Branden E. Mattier and his half
brother Domunique D. Grice, were convicted by a jury on
indictments charging one count each of conspiracy to commit
larceny, G. L. c. 274, § 7, and attempted larceny, G. L. c. 274,
§ 6. Mattier also was convicted on an indictment charging one
count of identity fraud, G. L. c. 266, § 37E. The charges
stemmed from an atte... More...
   $0 (05-13-2016 - MA)

United States of America v. Ioanis Dimitriou

Boston, MA - Greenfield Restaurant Owner Pleads Guilty to Cooking the Books

Ioanis Dimitriou, 48, of Montague, pleaded guilty in U.S. District Court in Springfield to five counts of filing false tax returns from 2008 to 2012. Sentencing is scheduled for Aug. 30, 2016.

Dimitriou was the owner of a restaurant in Greenfield, Mass., which generated a substantial amount of cash sales... More...
   $0 (04-12-2016 - MA)

Commonwealth v. Boyd

The defendant, Michael Boyd, was convicted on
counts of an indictment charging two sentencing enhancements,
one as a second-time offender, see G. L. c. 269, § 10 (d), and
one under the Massachusetts armed career criminal (ACC) statute,1
see G. L. c. 269, § 10G (c), both premised on an underlying
conviction of unlawful possession of a sawed-off shotgun, in
violation of... More...
   $0 (04-10-2016 - MA)

Commonwealth v. Bonilla

Following a jury trial, the defendant, Luis
Bonilla, was convicted of larceny over $250 by a single scheme
(count 1), and uttering a false instrument (count 2); he was
sentenced to two one-year concurrent sentences to the house of
correction. On appeal, he argues that the evidence was
insufficient to support his convictions. We affirm the judgment
in part and revers... More...
   $0 (03-30-2016 - MA)

Timothy Kane v. Town of Sandwich, Massachusetts

Boston, MA - Retired Sandwich Police Officer Awarded $225,000 for Emotional Distress

Timothy Kane, a retired police officer, sued the Town of Sandwich, Massachusetts on a civil rights violation theory under the Uniformed Services Employment and Reemployment Rights Act and retaliation theories claiming that he was passed over for promotions because of his military service.

Kane ... More...
   $225000 (03-19-2016 - MA)

Commonwealth v. Henderson

Following a trial on multiple indictments, a
jury convicted the defendant, Keith Henderson, on two
indictments charging leaving the scene of an accident causing
personal injury in violation of G. L. c. 90, § 24(2)(a1/2)(1),
and on three indictments charging leaving the scene of an
accident causing property damage in violation of G. L. c. 90,
§ 24(2)(a).1 On appeal, ... More...
   $0 (03-15-2016 - MA)

COMMONWEALTH vs. DONOVAN K. SMITH

A Superior Court jury found the defendant guilty of the attempted armed robbery and murder in the first
degree of Michelle Diaz on theories of extreme atrocity or cruelty and felony-murder. In this direct appeal from his
convictions, the defendant challenges the admission in evidence
of his videotaped statement to the police, and the admission of
an enhanced recording of a st... More...
   $0 (03-11-2016 - MA)

UNITED STATES v. JAMES J. BULGER, a/k/a Jimmy, a/k/a Whitey, a/k/a Jim

The factual underpinning of this case is considerable. The
events span decades and the cast of characters is large but this
appeal is circumscribed in scope making only certain details
pertinent. We chart the relevant origin and travel of the case,
saving the facts related to the maintained errors for later.1
A. The Indictment
In 2001, Bulger, who was on the run ... More...
   $0 (03-07-2016 - MA)

Bulwer v. Mount Auburn Hospital

Massachusetts law prohibits employers from
discriminating against their employees on the basis of, among
other things, race or national origin. See G. L. c. 151B, § 4.
Because direct proof of such discrimination is rarely available,
employees filing claims under G. L. c. 151B, § 4, are permitted
to prove discrimination without direct evidence of
discriminatory inte... More...
   $0 (03-01-2016 - MA)

Clark v. Leisure Woods Estates, Inc.

This appeal involves a series of landlord tenant disputes in the manufactured housing context. The plaintiffs, residents of Leisure Woods Estates (Leisure Woods),
a manufactured housing community in Orange, filed a complaint
alleging that the defendant, Leisure Woods Estates, Inc., which
owns, operates, and maintains Leisure Woods, failed to properly
maintain and repair the co... More...
   $0 (02-23-2016 - MA)

Commonwealth v. Zammuto

Following a jury trial in District Court, the
defendant was convicted of assault and battery by means of a
dangerous weapon, G. L. c. 265, § 15A; and a civil rights
violation, G. L. c. 265, § 37. On appeal, he contends (1) he
was denied a fair trial when, after he defaulted, the trial
proceeded in his absence, (2) the judge erred in failing to
instruct the jury regar... More...
   $0 (02-22-2016 - MA)

Commonwealth v. Perez

"[W]here's Phyllis?" A bank teller posed that
question to the defendant who was seeking to withdraw $300 from
the checking account of an absent bank customer. The defendant,
who worked as a customer service representative at the bank, had
presented a withdrawal slip purportedly signed by Phyllis Wall,
an elderly customer who relied on a walker and was well known to
... More...
   $0 (02-03-2016 - MA)

Commonwealth v. Dame

Clara Provost (victim) was brutally murdered in
the bedroom of her apartment sometime after 10:30 P.M. on
January 6 or early in the morning hours of January 7, 1974. The
subsequent police investigation focused on several potential
suspects. A year of investigation produced a circumstantial but
not very strong case against the defendant, including a brief
prior dati... More...
   $0 (02-03-2016 - MA)

Commodity Futures Trading Comm v. Wilson

In this commodity trading fraud case brought by the Commodity Futures Trading Commission ("CFTC"
or "Commission") against John B. Wilson and JBW Capital LLC ("JBW"), the Massachusetts federal district court granted on summary judgment the CFTC's request for a finding of liability,
and imposed injunctive relief and civil penalties. It declined to
award restitution, as measured by l... More...
   $0 (01-31-2016 - MA)

Commonwealth v. Moore

In October, 2011, the New Hampshire parole board issued a certificate of parole to the defendant, Lawrence Moore,
who was serving a sentence of from two and one-half to ten years for assault with a firearm. The defendant's parole was
transferred to the Commonwealth in May, 2012. On November 16, 2012, the defendant's parole officer and others searched the
defendant's apartment wit... More...
   $0 (01-11-2016 - MA)

Commonwealth v. Rezendes

In July, 2013, a jury convicted the defendant on two indictments charging assault and battery by means of a dangerous weapon and three indictments involving weapons charges: unlawful possession of a firearm, in violation of G. L. c. 269, § 10(a); unlawful discharge of a firearm within 500 feet of a building, in violation of G. L. c. 269, § 12E; and unlawful possession of a loaded firearm, in viol... More...   $0 (01-09-2016 - MA)

Commonwealth v. Ubilez

At issue is the search of a vehicle driven by the defendant, which was reported to contain a stolen
cellular telephone (cell phone). The defendant makes two arguments on appeal with respect to the search. First, he
contends that the police did not have probable cause to believe he had committed a crime at the moment he was arrested and
therefore there was no valid search incident ... More...
   $0 (01-09-2016 - MA)

Commonwealth v. Depiero

In January, 2013, after a bench trial, the defendant was convicted of operating a motor vehicle while under
the influence of alcohol (second offense) in violation of G. L. c. 90, § 24 (1) (a) (1). On appeal, he argues that the denial of his motion to suppress evidence obtained during a warrantless stop of his vehicle was error. The stop, made by State police Trooper John Dwyer, was prompted... More...
   $0 (01-04-2016 - 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)

United States v. Pascual Santiago–Méndez, Luis Enrique Ruperto–Torres, Anthony Domínguez–Colón, and Víctor Gerardo Cortés–Cabán

We are presented with highly troubling instances of abuses of police power, including the disturbing practice, conducted by certain members of the Mayagüez Drugs and Narcotics Division of the Puerto Rico Police Department, of planting evidence and conducting illegal searches and seizures in violation of the Fourth Amendment. Defendants–Appellants Pascual Santiago–Méndez (“Santiago”), Antho... More...   $0 (12-30-2015 - MA)

Castaneda v. Souza

Congress has long given the Attorney General discretion to decide whether to take aliens who are subject to
removal into immigration custody. Congress also has long given the Attorney General discretion to decide whether to release on
bond aliens who are in immigration custody while their removal proceedings are pending. Nearly thirty years ago, however,
Congress began enacting a... More...
   $0 (12-23-2015 - MA)

Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

In this case we consider whether an actionable conflict of interest arises under Mass. R. Prof. C. 1.7, as
appearing in 471 Mass. 1335 (2015), when attorneys in different offices of the same law firm simultaneously represent business competitors in prosecuting patents on similar inventions, without informing them or obtaining their consent to the simultaneous representation. The plaintiff, C... More...
   $0 (12-23-2015 - MA)

Commonwealth v. Armstrong

The defendant, Edward Armstrong, appeals from
the order denying his motion for new trial under Mass.R.Crim.P.
30(b), as appearing in 435 Mass. 1501 (2001). The defendant
alleged in his motion that his guilty plea eight years earlier
to a charge of armed home invasion was invalid for lack of a
factual basis, contrary to the requirements of Commonwealth v.
Hart, 467 Ma... More...
   $0 (12-19-2015 - MA)

Commonwealth v. Cole

A Superior Court jury convicted the defendant,
Leslie M. Cole, of the murder in the first degree of Rudolph
Santos (victim) on theories of deliberate premeditation, extreme
atrocity or cruelty, and felony-murder, in violation of G. L.
2
c. 265, § 1.1 On appeal, the defendant contends that (1) the
trial judge erred by admitting in evidence unredacted medical
re... More...
   $0 (12-19-2015 - MA)

United States v. Sampson

On July 24, 2001, Phillip McCloskey, a 69-year old retiree, picked up Sampson, who was hitchhiking. Sampson murdered Mr. McCloskey with a knife and attempted to steal his automobile. On July 27, 2001, Sampson was hitchhiking again. He was picked up by Jonathan Rizzo, a college student. Sampson murdered Mr. Rizzo by tying him to a tree and stabbing him to death. Sampson then stole Mr. Rizzo'... More...   $0 (11-30-2015 - MA)

Donald Thomas Scholz v. Boston Herald, Inc.

In the mid-1970s, Donald Thomas Scholz, a musician, composer, recording engineer, and record producer,
founded the rock band "Boston." After many years playing in the band, Brad Delp, who was its lead singer, committed suicide on March 9, 2007. The Boston Herald, Inc., published three stories regarding Brad's suicide, written by columnists Gayle Fee and Laura Raposa, who relied on informati... More...
   $0 (11-25-2015 - MA)

In the Matter of G.P

On May 4, 2015, G.P's mother petitioned the New Bedford Division of the District Court Department (New
Bedford District Court) to have her daughter committed pursuant to § 35. The petition alleged in relevant part that G.P.'s mother had observed G.P. abusing heroin and that G.P. was using about two grams per day; that G.P. had stated that she would kill herself with heroin if she could obtai... More...
   $0 (11-05-2015 - MA)

Commonwealth v. Cameron

In April, 2003, a jury found the defendant, Ron jon Cameron, guilty on two indictments charging rape, in
violation of G. L. c. 265, § 22 (b). As part of its case against the defendant, the Commonwealth offered in evidence a
laboratory report regarding the presence of seminal residue on the complainant's underwear. The Commonwealth also offered testimony to suggest that there had been a... More...
   $0 (10-28-2015 - MA)

Commonwealth of Massachusetts v. Doe

At approximately 1:00 A.M. on January 25, 2012, the victim and the defendant were among a group of men and women who were socializing in an apartment in Amherst. The victim had lost her cellular telephone earlier that evening and learned that the telephone had been located and was being held for her. The victim wished to retrieve her telephone immediately, and the defendant, who had not met the ... More...   $0 (10-22-2015 - MA)

Commonwealth v. Occhiuto

At some point in 2009, the defendant became
the target of a drug investigation (code-named "Operation
Cryptonite") jointly conducted by Federal, State, and local law
enforcement agents. A cooperating witness, code-named "Olive,"
was enlisted to attempt to buy two ounces of "crack" cocaine and
thirty grams of heroin from the defendant, using money supplied
by the age... More...
   $0 (10-13-2015 - MA)

Commonwealth v. Henry

According to the application for the first
complaint, on July 29, 2004, Yarmouth police officer Sean Brewer
was dispatched to the home of Robin Edwards. Edwards reported
that she had an active restraining order against the defendant,
who is her former boy friend and the father of her son. The
restraining order in question, which included a no-contact
provision, had... More...
   $0 (10-03-2015 - MA)

United States of America ex rel. Jeffrey D'Agostino v. Eva, Inc.

Plaintiff-appellant Jeffrey D'Agostino (the relator) challenges both the dismissal of his qui
tam action and the antecedent denial of leave to further amend his
complaint. For obvious reasons, we consider the second challenge
first. That challenge rests in part on a novel interpretation of
the 2009 amendments to Rule 15 of the Federal Rules of Civil
Procedure. While we reject t... More...
   $0 (09-30-2015 - MA)

Commonwealth v. Estabrook

To provide context, we summarize some of the
background facts as found by the motion judge, reserving
additional facts for consideration in connection with the issues
raised in these appeals.3 At approximately 3:50 A.M. on July 7,
2012, Quintin Koehler (victim) and his brother, Ryan, were at
their home in Billerica when they heard loud noises coming from
the kitchen.... More...
   $0 (09-28-2015 - MA)

Commerce Insurance Co., Inc. v. Gentile

The Gentiles purchased through Commerce the standard Massachusetts automobile insurance policy, seventh edition, which was approved by the Commissioner of Insurance (commissioner). The policy insured both the Gentiles and their vehicles. A section of the policy titled "Our Agreement" provided that "[t]his policy is a legal contract under Massachusetts law." It stated further that "[o]ur contra... More...   $0 (09-16-2015 - MA)

Commonwealth v. Camacho

In the early morning hours of January, 24, 2008,
Jeffrey Santiago was shot and killed at a night club in Chelsea.
2
Surveillance footage and multiple eyewitnesses identified the
defendant, Jesse Camacho, as the shooter. The defendant was
charged with murder in the first degree, unlawfully carrying a
firearm, assault and battery by means of a dangerous weapon, and ... More...
   $0 (09-08-2015 - MA)

 
 
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