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Massachusetts Fiduciary Duty Law
Commonwealth v. Valentin

The defendant was convicted by a Superior Court
jury of murder in the first degree in the shooting deaths of
Nettie Becht and Luis Diaz, on theories of premeditation and
extreme atrocity or cruelty. On appeal, the defendant asserts
error in the judge's decision to permit the introduction in
evidence of weapons and related items that he lawfully owned and
that... More...
   $0 (05-22-2016 - MA)

United States of America v. Matthew Clem

Boston, MA - Charlton Man Pleads Guilty to Child Exploitation

A Charlton man pleaded guilty in U.S. District Court in Worcester in connection with soliciting hundreds of teenage girls on several social media platforms.

Matthew Clem, 31, pleaded guilty to an Information charging him with three counts of producing child pornography. U.S. District Court Judge Hillman scheduled sen... More...
   $0 (04-13-2016 - MA)


The allegations set forth in Saldivar's complaint1 are
very disturbing. As we are reviewing a dismissal for failure to
state a claim, we accept the complaint's factual allegations as
true and draw all reasonable inferences from those facts in favor
of Saldivar. In early June 2011, Elba Saldivar, a resident of Fall
River, contacted the Fall River Police Department and rep... More...
   $0 (03-29-2016 - MA)

Commonwealth of Massachusetts v. Lugo

On April 12, 2012, friends Victor Ramos,
Milton Henriquez, Edwin Colon, and Alejandro Naranjo spent the
evening together at a Boston nightclub. At closing time, around
2:00 A.M., the four friends returned to their car, which was
parked across the street in a multilevel garage. Waiting in a
line of vehicles to exit the garage, the friends were approached
by a man fr... More...
   $0 (03-19-2016 - 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)

Goe v. Commissioner of Probation

This case comes to us on a reservation and
report from the single justice asking the following questions:
"(1) Whether the Massachusetts courts are the appropriate forum for challenging additional probation conditions imposed on a probationer transferred to Massachusetts pursuant to the Interstate Compact for Adult Offender Supervision; and, if so, what is the proper mechanism for moun... More...
   $0 (03-14-2016 - MA)

New England Precision Grinding, Inc. v. Simply Surgical

This Superior Court contract action stems from
the sale by defendant Simply Surgical, LLC (Simply Surgical) to
plaintiff New England Precision Grinding, Inc. (NEPG) of medical
device parts manufactured by defendant Iscon Surgicals, Ltd.
(Iscon). All three parties appeal from an amended judgment
entered on January 8, 2013, in favor of Simply Surgical; Iscon
also appea... More...
   $0 (03-09-2016 - 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)

Stephanie C. v. Blue Cross Blue Shield of Mass

In this benefits-denial case, brought pursuant to the Employee Retirement Income Security Act of
1974 (ERISA), codified in relevant part at 29 U.S.C. §§ 1001-1461,
Stephanie C. (Stephanie), individually and on behalf of her minor
son M.G., challenges a decision of the claims administrator, Blue
Cross Blue Shield of Massachusetts HMO Blue, Inc. (BCBS), partially
denying her... More...
   $0 (02-18-2016 - MA)

Hamrick v. Glaxosmithkline, PLC

In reviewing the district court's summary judgment
determination that no rational jury could find that Hamrick's
whistleblowing activity was the cause of his termination, we
"consider[] the record and all reasonable inferences therefrom in
the light most favorable" to Hamrick. Soto-Feliciano v. Villa
Cofresí Hotels, Inc., 779 F.3d 19, 22 (1st Cir. 2015) (alteration
i... More...
   $0 (02-18-2016 - MA)

Commonwealth v. Firmin

In the early morning hours of February 29, 2012, a Framingham police officer stopped a vehicle he had been
following after he observed it making some erratic movements. The officer determined that the defendant was driving, and that
she was under the influence of alcohol. The defendant was arrested and tried for operating a motor vehicle under the
influence of alcohol. After clo... More...
   $0 (02-11-2016 - MA)

Commonwealth v. Celester

In September, 1995, a Plymouth County jury
convicted the defendant, Jermaine Celester, of murder in the
first degree on theories of deliberate premeditation and extreme
atrocity or cruelty and of armed assault with intent to murder.
The victims, Wakime Woods and Derek Gibbs, were shot while
walking with the defendant on the night of February 18, 1994.
Woods died as ... More...
   $0 (02-10-2016 - 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)

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)

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)

Bradley v. Sugarbaker

After experiencing shortness of breath and persistent pain in her right arm and wrist following a 2002 car accident,
Mrs. Bradley underwent magnetic resonance imaging ("MRI") in November 2004. The MRI revealed a mass at the top of Mrs.
Bradley's right lung that her physician feared was cancer. After learning the results of the MRI, Mrs. Bradley was scheduled for a positron emission tom... More...
   $0 (12-20-2015 - MA)

R.M. Packer Co., Inc. v. Marmik, LLC

At issue is whether R.M. Packer Co. (Packer) was properly found liable for attorney's fees and costs
under G. L. c. 21E, § 4A(f), after it unsuccessfully sought contribution from the defendants for costs to clean up an oil spill. In three circumstances, the statute requires that reasonable attorney's fees and costs be awarded against a plaintiff who has sued seeking contribution for environm... More...
   $0 (11-30-2015 - MA)

Commonwealth of Massachusetts v. Cadet

In May, 2007, the defendant was convicted by a
Superior Court jury of murder in the first degree on the theory
of extreme atrocity or cruelty in the stabbing death of his girl
friend, Betina Francois. At trial, the defendant did not contest
that he had stabbed the victim, but argued that he had done so in
self-defense, after she became enraged and attacked him with two ... More...
   $0 (11-18-2015 - 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)

Nurse v. Omega US Insurance, Inc.

This case arises from the denial of coverage by
the defendant, Omega US Insurance, Inc. (Omega1), for water
damage to a multi-unit residence owned by the plaintiff, Karl
Nurse. The damage is alleged to have been caused by a burst
1 Omega's successor-in-interest is Canopius US Insurance,
Inc. We use the name Omega as did the judge and the parties.
pipe which resulted f... More...
   $0 (10-07-2015 - 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)

Brady v. Citizens Union Savings Bank

Eggers's father, Wilson O. Smith, established
the trust in 1987. Among the beneficiaries were Smith's wife,
Betty Georgas (who was not Eggers's mother), Eggers, and
Eggers's children. In December, 2006, Eggers and one of her
daughters initiated a lawsuit in the Probate and Family Court
against the trustees, Thomas T. Brady and Edwin J. Haznar,
alleging breach of fid... More...
   $0 (09-30-2015 - MA)

Hawley v. Preferred Mutual Insurance Co

This appeal arises from a dispute between an insurer and its insured, based on a denial of coverage for water
damage, and largely concerns the question whether the insured's mere request for a reference for arbitration pursuant to G. L. c. 175, § 99, Twelfth, as appearing in St. 1951, c. 478, § 1, operates to toll the statute of limitations period contained in § 99 and incorporated by the i... More...
   $0 (09-20-2015 - 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)

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)

Belizaire v. Furr

Summary judgment is granted where there
are no genuine issues of material fact, and the moving party is
entitled to judgment as a matter of law. Mass.R.Civ.P. 56(c),
as amended, 436 Mass. 1404 (2002). "When reviewing a grant of
summary judgment we consider the pleadings, depositions, answers
to interrogatories, and responses to requests for admission
under Mass.R.C... More...
   $0 (09-12-2015 - MA)

Merchants Insurance Group v. Spicer

On December 30, 2011, Joel Estaban Perez was
seriously injured while working for Kevin Spicer, doing business
3 Established by St. 1985, c. 572, § 55, the Fund "provide[s], among other things, a source of payment for an employee who suffers a work-related injury while working for an employer who does not have workers' compensation insurance in violation" of G. L. c... More...
   $0 (09-09-2015 - 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.
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)

United States of America v. Ernesto Monell

Ernesto Monell ("Monell")
appeals from his conviction and sentence for one count of being a
felon in possession of a firearm and ammunition and for one count
of possessing with intent to distribute cocaine base. His primary
challenge on appeal is to the warrant used by police to search his
apartment. Monell also raises several other issues from his trial
and sentencing. Aft... More...
   $0 (09-04-2015 - MA)

Peabody Essex Museum, Inc. v. United States Fire Insurance Company

Some decades ago, a substantial
oil spill occurred on the Salem, Massachusetts property of
plaintiff Peabody Essex Museum ("the Museum"). That pollution
eventually migrated to the land of a down gradient neighbor,
Heritage Plaza, which discovered the subsurface contamination in
2003. Heritage Plaza notified the Museum in late 2003, and the
Museum gave prompt notice to both ... More...
   $0 (09-04-2015 - MA)

Coghlin Electrical Contractors, Inc. v. Gilbane Building Co

This case requires us to resolve three issues
regarding a public construction contract that implements the
construction management at risk delivery method, pursuant to
G. L. c. 149A: (1) Does the owner who furnishes the plans and
specifications in a public construction management at risk
project give an implied warranty of their sufficiency for the
purpose intended,... More...
   $0 (09-02-2015 - MA)

First Bostonview Management, LLC v. Bostonview Corporation

The plaintiff, First Bostonview Management, LLC (First Bostonview), appeals from the judgment entered pursuant to Mass.R.Civ.P. 54(b), 365 Mass. 821 (1974), after the allowance of the summary judgment motion by the defendant, Bostonview Corporation (Bostonview), a charitable corporation, on First Bostonview's claims stemming from its attempt to purchase substantially all of Bostonview's real prope... More...   $0 (08-24-2015 - MA)

Vitali v. Reit Management & Research, LLC

The plaintiff, Donna Vitali, worked as a bookkeeper for the defendant, Reit Management and Research, LLC (company), a property management firm. She was paid by the hour and, pursuant to both statute and company policy, she was to be paid overtime at one and one-half times the regular rate for any
work done in excess of forty hours in a given week. See G. L. c. 151, § 1A. She broug... More...
   $0 (08-22-2015 - MA)

Silva v. Steadfast Insurance Co

Gary P. Silva appeals from the entry of summary
judgment in favor of Steadfast Insurance Company (Steadfast).
In his complaint, Silva claimed that Steadfast violated G. L.
c. 176D, § 3(9), and G. L. c. 93A, §§ 2 and 11, by failing to
effectuate a prompt, fair, and equitable settlement of earlier
litigation arising out of damage to Silva's business caused by a
botche... More...
   $0 (08-09-2015 - MA)

Murray v. Town of Hudson

During a varsity baseball game between two
high school teams at a public park in the town of Hudson (town),
the plaintiff, a ballplayer with the visiting team, seriously
injured his knee while warming up in the bullpen. The plaintiff
filed suit in the Superior Court against the town under the
Massachusetts Tort Claims Act, G. L. c. 258 (act), alleging that
his injury... More...
   $0 (08-03-2015 - MA)

Sirva Relocation, LLC v. Golar Richie

In Younger v. Harris, 401 U.S. 37 (1971), the Supreme Court enunciated a doctrine of abstention. Fidelity to that doctrine requires federal courts, in the absence of extraordinary circumstances, to refrain from interfering with certain state proceedings. See id. at 43-45. The Supreme Court recently revisited the Younger doctrine, clarified its operation, and narrowed its scope. See Sprint Commc'ns... More...   $0 (07-20-2015 - MA)

Ross W. Greene v. The Center for Collaborative Problem Solving, Inc.

Dr. Ross W. Greene ("Greene")
developed a method of treating children with explosive behaviors
known as the Collaborative Problem Solving ("CPS") Approach.
Greene advanced this method through his work at the Massachusetts
General Hospital ("MGH") Department of Psychiatry, his unaffiliated
private practice, and workshops and publications, including a book
he wrote himself ca... More...
   $0 (07-16-2015 - MA)

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