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Massachusetts Judgment Law
 
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)

Joseph T. King v. Pierce Manufacturing, Inc.

Plaintiff-Appellant Joseph T.
King, as the administrator for the Estate of Gertrude King, appeals
from an order granting summary judgment to Defendant-Appellee
Pierce Manufacturing, Inc. ("Pierce") on claims that the allegedly
defective fire truck it manufactured was responsible for the
decedent's death.
Gertrude King ("Gertrude") was standing on the median of
a Cambrid... More...
   $0 (05-04-2015 - MA)

United States of America v. Shawn Coughlin

Shawn Coughlin, a sergeant with
the Plymouth, Massachusetts Police Department, was charged under 18
U.S.C. § 242 with willfully assaulting an obstreperous arrestee
handcuffed and detained in a holding cell, thus violating the
arrestee's right under the Fourth Amendment to be free from
excessive force. The indictment read that Coughlin struck the
victim in the head and knee... More...
   $0 (05-07-2015 - MA)

United States of America v. Ryan Morris

Federal law mandates a
minimum ten-year prison sentence for a convicted member of a drug
conspiracy responsible for more than 280 grams of crack. 21
U.S.C. §§ 841(b)(1)(A)(iii); 846. So far as it matters to this
appeal, the district court made a finding of drug quantity, by a
preponderance of the evidence: that the admitted conspirator Ryan
Morris was personally responsib... More...
   $0 (05-07-2015 - MA)

Colleen C. Piccone v. John W. Bartels, Jr.

Following an encounter between the
parties, Defendant, a local police chief, called Plaintiffs'
employer to complain about their behavior during the incident.
Plaintiffs filed suit, alleging, inter alia, slander and
interference with advantageous business relations. The district
court granted summary judgment to Defendant on both counts. We
affirm.
I. Background
Col... More...
   $0 (05-12-2015 - MA)

Aaron Powell v. Steve Tompkins

Petitioner Aaron Powell was
convicted on several state charges including unlawful possession of
a loaded firearm, see Mass. Gen. Laws ch. 269, §§ 10(a), (h), (n),
and his convictions were affirmed by the Massachusetts Supreme
Judicial Court (SJC), see Commonwealth v. Powell, 946 N.E.2d 114
(Mass. 2011). Powell then sought federal habeas relief pursuant to
28 U.S.C. § 225... More...
   $0 (04-15-2015 - MA)

United States of America v. Dzhokhar Tsarnaev

Boston, MA - The United States of America charged Dzhokhar Tsarnaev, age 21, with thirty felonies including three murder counts in conjunction with the 2013 Boston Marathon bombing that killed three and injured 264 others.

The defense team admitted that he committed the crimes but sought to minimized the punishment based on the Defendant's youth.

The following counts were filed b... More...
   $0 (05-16-2015 - MA)

United States of America v. Daniel E. Carpenter

We opine for the third time on the United States' prosecution of Daniel Carpenter for mail and
wire fraud in connection with his mishandling of client escrow
funds. In 2007, we affirmed a district court order setting aside
a jury verdict of guilty in favor of a new trial. United States v.
Carpenter, 494 F.3d 13 (1st Cir. 2007). In 2013, after a second
jury also found Carpenter ... More...
   $0 (04-01-2015 - MA)

Mark Dutkewych v. Standard Insurance Company

Plaintiff Mark Dutkewych is a
participant in a disability plan (the "Plan"), insured and
administered by Defendant Standard Insurance Company under the
Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001
et seq. The Plan limits long-term disability ("LTD") benefits to
24 months for "a Disability caused or contributed to by . . . :
(1) Mental Disorders; (2) ... More...
   $0 (12-31-1969 - MA)

Brian S. Fahey v. Massachusetts Department of Revenue

The four bankruptcy appeals
before us pose a single question of statutory interpretation:
whether a Massachusetts state income tax return filed after the
date by which Massachusetts requires such returns to be filed
constitutes a "return" under 11 U.S.C. § 523(a) such that unpaid
taxes due under the return can be discharged in bankruptcy. For
the reasons set forth below, w... More...
   $0 (02-18-2015 - MA)

William M. McDermott v. Marcus, Errico, Emmer & Brooks, P.C.

We are, once again, called upon
to interpret and apply the Massachusetts consumer protection
statute, Mass. Gen. Laws ch. 93A ("Chapter 93A"). This case has
humble origins: a seemingly-simple dispute over several $25 late
fees the Pondview Condominium trustees charged to one of their
residents, appellant William McDermott ("McDermott"), after he
didn't pay his condominium f... More...
   $0 (12-29-2014 - MA)

Maryangela Tobin v. Federal Express Corporation

Plaintiff-appellant Maryangela
Tobin sued defendant-appellee Federal Express Corporation (FedEx)
for invasion of privacy, infliction of emotional distress, and
negligence. After some preliminary skirmishing, FedEx asked the
district court to enter summary judgment in its favor on the
principal ground that the plaintiff's claims are barred by the
preemption provision of the ... More...
   $0 (12-30-2014 - MA)

United States of America v. Wilfredo Melendez

Wilfredo Melendez was charged
with conspiracy to distribute cocaine, in violation of 21 U.S.C.
§§ 841(a)(1) and 846, and possession of a firearm in furtherance
of a drug offense, in violation of 18 U.S.C. § 924(c)(1)(A).
Mr. Melendez pleaded not guilty, and the case was tried to a
jury. During its deliberations, the jury posed two questions to
the district court, which t... More...
   $0 (12-23-2014 - MA)

South Commons Condominium Association v. Charlie Arment Trucking, Inc.

On June 1, 2011, a devastating
tornado struck the City of Springfield, Massachusetts. The twister
ripped through the downtown area and caused a great deal of damage.
Among the buildings affected were the South Commons Condominiums.
This appeal concerns the lawsuit the owners of those buildings
brought against the City, its officials, and one of its
contractors.1
The own... More...
   $0 (12-23-2014 - MA)

United States of America v. Gustavo Castro-Caicedo

Gustavo Castro-Caicedo appeals
his conviction and sentence for participating in a conspiracy that
sought to send cocaine from Colombia to the United States. His
primary objection is that federal agents used a highly suggestive
means to prompt a member of the conspiracy to identify him as a
confederate, and thus that the government's use of the
identification at trial violat... More...
   $0 (12-24-2014 - MA)

Michelle Kosilek v. Luis S. Spencer

This case involves important
issues that arise under the Eighth Amendment to the U.S.
Constitution. We are asked to determine whether the district court
erred in concluding that the Massachusetts Department of Correction
("DOC") has violated the Cruel and Unusual Punishment Clause of the
Eighth Amendment by providing allegedly inadequate medical care to
prisoner Michelle Ko... More...
   $0 (12-16-2014 - MA)

Stephen Rossetti v. United States of Amercia

Stephen Rossetti was convicted
on federal criminal charges arising from a plot to rob an armored
car depot in Eaton, Massachusetts. Having exhausted his direct
appeals, Rossetti now seeks collateral review on a petition for a
writ of habeas corpus, arguing that he was denied his Sixth
Amendment right to counsel and that the district court wrongly
refused to modify his sente... More...
   $0 (12-09-2014 - MA)

Brian Hunt and Kimberly Hunt v. David Massi and James Porter and Town of Falmouth

This civil rights case arises out of
the refusal of officers serving an arrest warrant to accede to the
request of an arrestee, Brian Hunt, that he be handcuffed with his
hands in front of him, and the ensuing events.
Hunt and his wife brought this case, asserting violations
of his federal constitutional rights under 42 U.S.C. § 1983, as
well as pendent state law claims. T... More...
   $0 (12-10-2014 - MA)

United States of America v. Eric Leonard

Boston, Suffolk County, MA - The United States of America charged Eric Leonard with armed bank robbery in violation of 18 U.S.C. 2113A.F.

03/16/2011 ELECTRONIC Clerk's Notes for proceedings held before Judge William G. Young:Sentencing held on 3/16/2011 as to Eric Leonard for Eric Leonard (1), Count(s) 1-3, The defendant is committed to the custody of the BOP for 36 months to be followe... More...
   $0 (03-16-2011 - MA)

Crystal Litz v. The Saint Consulting Group, Inc.

Appellants Crystal Litz and
Amanda Payne ("plaintiffs") claim unpaid overtime wages for their
work as project managers for The Saint Consulting Group, Inc.
("Saint Consulting"). The district court concluded that plaintiffs
were "highly compensated employees" and thus exempt from the
overtime pay protections of the Fair Labor Standards Act ("FLSA").
29 U.S.C. § 213(a)(1); 2... More...
   $0 (11-04-2014 - MA)

Brendon J. Lydon v. Local 103

Brendon Lydon believes that his union — Local 103 of the
International Brotherhood of Electrical Workers ("Local 103") —
runs its hiring hall in a discriminatory way, retaliated against
him for complaining about the discrimination, and breached its duty
of fair representation. So he sued Local 103 in district court,
alleging violations of several federal labor laws. Acting ... More...
   $0 (10-24-2014 - MA)

David Romulus v. CVS Pharmacy, Inc.

CVS Pharmacy, Inc. takes this
interlocutory appeal from an order granting the plaintiffs' motion
to remand a putative class action for wage and hour violations. In
this case of first impression in this circuit, we clarify the
removal time periods and mechanisms under the Class Action Fairness
Act of 2005 ("CAFA").
Under CAFA, federal courts have jurisdiction over a classMore...
   $0 (10-24-2014 - MA)

Thomas Stalcup v. Central Intelligence Agency

Though clouded by an airline
disaster and claims of a government cover-up, this case ultimately
turns on a relatively straightforward question: must the
government release certain information? Plaintiff-Appellant Thomas
Stalcup brought this Freedom of Information Act ("FOIA") suit
against the Central Intelligence Agency ("CIA"), seeking two
documents from an investigation i... More...
   $0 (10-06-2014 - MA)

Maj. Shannon L. McLaughlin v. Chuck Hagel

The plaintiffs ("McLaughlin
Group"), who prevailed in a constitutional challenge to Section 3
of the Defense of Marriage Act ("DOMA"), 1 U.S.C. § 7, appeal from
the district court's denial of fees and costs under the Equal
Access to Justice Act ("EAJA"), 28 U.S.C. §§ 2412(a)(1) & (d).
Whether prevailing parties who successfully challenged Section 3 of
DOMA are entitled t... More...
   $0 (09-23-2014 - MA)

Robbie Pollard v. Law Office of Mandy L. Spaulding

This is one of the relatively rare
occasions on which we have been asked, in a non-class-action
setting, to visit the precincts patrolled by the Fair Debt
Collection Practices Act (FDCPA), 15 U.S.C. §§ 1692-1692p.
Specifically, we are tasked with determining whether a particular
collection letter satisfies section 1692g(b) of the FDCPA, which
requires that a debt collecto... More...
   $0 (09-08-2014 - MA)

Darrell D. Debham v. FedEx Home Delivery

Darrell Debnam filed a complaint
against FedEx asserting wage payment claims that can only be
brought by an employee against an employer, and also asserting an
unfair business practice claim under Massachusetts' so-called
"Chapter 93A," Mass. Gen. Laws Ann. 93A, that cannot be brought by
an employee against his employer as such. The actual facts alleged
in the complaint pai... More...
   $0 (09-08-2014 - MA)

Robbie Pollard v. Law Office of Mandy L. Spaulding

This is one of the relatively rare
occasions on which we have been asked, in a non-class-action
setting, to visit the precincts patrolled by the Fair Debt
Collection Practices Act (FDCPA), 15 U.S.C. §§ 1692-1692p.
Specifically, we are tasked with determining whether a particular
collection letter satisfies section 1692g(b) of the FDCPA, which
requires that a debt collecto... More...
   $0 (09-08-2014 - MA)

Jeffrey M. Healey v. Louis S. Spencer

Jeffrey Healey and Edward
Given reside in the Massachusetts Treatment Center in Bridgewater,
Massachusetts (the Treatment Center or Center). Each has been
civilly committed as a sexually dangerous person (SDP). In
separate suits, Healey and Given challenged the adequacy of sex
offender treatment provided by the Center as well as the conditions
of their confinement. They sou... More...
   $0 (09-03-2014 - MA)

Paul P. Moushigian v. John R. Marderosian

Appellant Paul Moushigian
was a creditor of the Appellees, who were Chapter 7 debtors, until
the bankruptcy court granted them a discharge. Moushigian now
challenges two orders issued by the bankruptcy court after it
granted the discharge. Our review is plenary, “without formal
deference to the district court’s intermediate affirmance.”
Redondo Constr. Corp. v. P.R. H... More...
   $0 (09-03-2014 - 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)

Michael Dunn v. Trustees of Boston College

Michael Dunn appeals the entry
of summary judgment against him on his claim that his former
employer, Boston University ("BU"), discharged him because of his
age in violation of the Massachusetts Fair Employment Practices
Act, Mass. Gen. Laws ch. 151B, § 4.1B. The district court ruled
that Dunn had failed to make out a prima facie case of age
discrimination. Without ruling... More...
   $0 (07-30-2014 - MA)

Denise McGrath v. Richard T. Tavares, et al.

This appeal stems from the
tragic deadly shooting of a sixteen-year-old boy named Anthony
McGrath ("Anthony") by a Plymouth police officer. Following the
untimely death of her son, Denise McGrath ("McGrath") filed a 42
U.S.C. § 1983 action, alleging the police officers involved had
used excessive force in violation of the Fourth and Fourteenth
Amendments. The two named pol... More...
   $0 (08-01-2014 - MA)

Santos Ramirez v. Carolina Dream, Inc.

Appellant Santos Ramirez, a
seaman, became ill while working aboard a fishing vessel and was
immediately hospitalized when he returned to shore. Shortly
thereafter, he was diagnosed with aplastic anemia, a serious blood
condition that prevented him from returning to work as a seaman. He
subsequently brought this personal injury action against his
employer, seeking a remedy ... More...
   $0 (07-28-2014 - MA)

Kathleen Shanley v. Daniel Cadle

This case comes to us after more than two
decades of litigation, which, for some of the individual
plaintiffs, had seemingly come to an end with a 2008 settlement
agreement. That year, the defendants (a debt collection agency and
its owners) proposed a comprehensive mediation and settlement for
three lawsuits brought by individual plaintiffs (debtors) in
federal court (Shan... More...
   $0 (07-28-2014 - MA)

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

This case turns on the interpretation and application of a Massachusetts regulation requiring that each
2
"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)

Bryan Wyman v. Ayer Properties, LLC

On December 8, 2005, Brian Wyman, Frank Thoms, and Vincent Cascio, as trustees of the Market Gallery Condominium Trust (trustees), filed a civil action against Ayer Properties, LLC (Ayer), seeking damages stemming from the negligent construction of elements of a condominium building by Ayer. The trustees alleged that Ayer -- which had purchased and converted the building in question into condomini... More...   $0 (07-10-2014 - MA)

Dione Pereira Lima v. Eric H. Holder, Jr.

"As we must account for every
idle word, so must we account for every idle silence." Benjamin
Franklin's words ring true for Petitioner Dione Pereira Lima, who
struggles mightily to take back his words in the proceedings below,
while simultaneously attempting to assert new claims of error. In
this challenge to a final removal order requiring him to return to
Brazil, Lima at... More...
   $0 (07-09-2014 - MA)

Danielle E. deBenedictis v. Karen A. Brady-Zell

Faced with the grim prospect of a crumbling marriage, Karen A. Brady-Zell (the debtor) engaged Danielle E. deBenedictis (the attorney) to act as her counsel. The debtor paid the attorney an up-front retainer of $25,000. After the representation ended, the attorney billed the debtor for additional fees and expenses of roughly $62,000. The debtor balked, and the attorney filed a state-court collecti... More...   $0 (06-25-2014 - MA)

Eleanor McCullen v. Coakley, Attorney General of Massachusetts

Massachusetts amended its Reproductive Health Care Facilities Act, which had been enacted in 2000 to address clashes between abortion opponents and advocates of abortion rights outside clinicswhere abortions were performed. The amended version of the Act makes it a crime to knowingly stand on a “public way or sidewalk” within 35 feet of an entrance or driveway to any “reproductive health car... More...   $0 (06-26-2014 - MA)

United States of America v. Ronald Merritt

This is the second in a matched set of bookend cases. In the earlier case, we rejected the appeal of Larry Wilkins to set aside his conviction and sentence because of a notorious scandal that shook public confidence in a Massachusetts state testing laboratory. See Wilkins v. United States (Wilkins II), ___ F.3d ___ (1st Cir. 2014) [No. 13-1637, slip op. at 14].

This time around, the appella... More...
   $0 (06-16-2014 - ma)

 
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