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Massachusetts Judgment Law
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 Of Massachusetts v. Laguer

On January 30, 1984, Benjamin Laguer was convicted by a jury in Superior Court of unarmed robbery,
breaking and entering in the nighttime with intent to commit a felony, assault and battery, and aggravated rape.1 On appeal from a denial of the latest in a long series of motions2 for a
new trial, the defendant argues that the motion judge erred in
finding that certain evidence, spe... More...
   $0 (01-30-2016 - MA)

Commonwealth of Massachusetts v. David Forlizzi

The Commonwealth appeals from the judgment of a single justice of this court denying its petition for relief, pursuant to G. L. c. 211, § 3, from an interlocutory order of the Superior Court. We affirm.

In the underlying Superior Court case, the respondent, David Forlizzi, sought and obtained an order requiring the Commonwealth to disclose whether a witness cooperating against him previou... More...
   $0 (01-05-2016 - 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)

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)

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)

Anthony Bucci v. United States of America

Anthony Bucci is a convicted drug
trafficker, now incarcerated and serving a sentence of more than
eighteen years. He appeals the district court's October 29, 2013,
denial of his 28 U.S.C. § 2255 petition, which claimed ineffective
assistance of counsel by his trial counsel.1 Because the petition
does not meet the requirements that Congress set out for a second
or s... More...
   $0 (12-21-2015 - 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)

Jaynes, petitioner

On June 18, 2012, Charles Jaynes filed a petition pursuant to G. L. c. 210, § 12, to change his name,1
citing in support of his request his "Wiccan religious tenets." After a hearing, a judge of the Probate and Family Court denied the petition. On appeal, Jaynes argues that the judge abused her discretion and that the denial violates the free exercise clause of the First Amendment and the ... More...
   $0 (12-17-2015 - MA)

Saia v. Bay State Gas Co

The plaintiff appeals from a judgment of dismissal contending, as she did below, that a transaction involving the lease of a water heater was actually a credit sale in disguise, and, consequently, that the defendant's failure to
make certain required disclosures amounted to common-law misrepresentation and a violation of G. L. c. 93A. Guided by
Silva v. Rent-A-Center, Inc., 454 Mass. 6... More...
   $0 (12-16-2015 - MA)


Employers Fire Insurance Company (Employers), as insurer
for defendant Locks & Keys of Woburn, Inc. (Locks & Keys), has
appealed from a postjudgment order ruling on several objections
to various claims made pursuant to a class action settlement.4
We affirm in part, reverse in part, and remand for further
proceedings. The plaintiffs raise a number of procedural arguments ... More...
   $0 (12-06-2015 - MA)

Commonwealth v. Tejeda

We recite the facts in the light most favorable to the Commonwealth, reserving certain details for our
analysis of the issues raised on appeal. On January 14, 2012, the defendant and two friends, Christopher Pichardo and Stephane Etienne, met with Frederick Reynoso, who was to sell them one half pound of marijuana for $2,200. Together, they traveled in a vehicle the defendant had borrowed f... More...
   $0 (12-02-2015 - 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)

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)

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)

Wilder v. United States of America

The facts surrounding Wilder's underlying conviction are
set forth in our prior opinion. Wilder, 526 F.3d at 3–5. We
summarize only the facts relevant to this appeal.
On December 1, 2009, Wilder filed a motion under 28
U.S.C. § 2255 seeking to vacate his conviction on numerous grounds.
On May 14, 2012, Judge O'Toole denied the motion, with the
exception of two cons... More...
   $0 (11-20-2015 - MA)

United States of America v. McIvery

We start by delineating the anatomy and travel of the
case. In October of 2009, a federal grand jury sitting in the
District of Massachusetts indicted defendant-appellant Jayson
Anthony McIvery on one count of conspiracy to possess cocaine base
(crack cocaine) with intent to distribute (count one) and two
specific-offense counts of possession of crack cocaine with intent ... More...
   $0 (11-21-2015 - MA)

Aquacultural Research Corp. v. Austin

The primary issue presented in this appeal is the proper application of mootness principles. In particular,
we first must decide whether a legal challenge to a permitting process for a wind turbine is mooted by a conservation
restriction precluding the construction of the wind turbine. If so, we then must decide the status of the unreviewed town committee, regional commission, and cour... More...
   $0 (11-09-2015 - 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)

H.P. Hood LLC v. Allianz Global Risks US Insurance Co.

The essential facts are not in dispute. The product at issue is a milk-based specialty drink
marketed by Abbott Laboratories (Abbott) under the trade name Myoplex. Myoplex is a "shelf stable" beverage, meaning that it is designed to require refrigeration only after its bottles are opened. In order to ensure that the product does not spoil before that, it must be manufactured and bottled u... More...
   $0 (11-02-2015 - MA)

Brissette v. Ryan

After a Superior Court trial in this legal
malpractice case, a jury found that the primary defendant,
Edward J. Ryan, Jr., was negligent in his representation of the
plaintiff, Marie D. Brissette, and awarded damages to her in the
amount of $100,000 against Ryan and his law firm, Ryan,
Boudreau, Randall, Kirkpatrick & Baker, LLP (law firm)
(collectively, defendants).2 ... More...
   $0 (10-31-2015 - MA)

Champa v. Weston Public Schools

In this case, the question presented is
whether settlement agreements between a public school and the
parents of a public school student who requires special
education services are "public records" or exempt from
disclosure. We conclude that the settlement agreements,
regarding placement of students in out-of-district private
educational institutions, are exempt from... More...
   $0 (10-23-2015 - MA)

Custody of Victoria

The child in this case, Victoria,4 was born in
Mexico in 1997. She moved with her mother to Texas when she was
six years old, returned to Mexico to live with her maternal
grandmother when she was ten years old, and moved again to Texas
to live with her mother and stepfather when she was thirteen
years old. When Victoria was fourteen years old, in 2012, she
reported ... More...
   $0 (10-21-2015 - MA)

Bank of America, N.A. v. Diamond Financial, LLC

We review the relevant undisputed facts.
Milton J. Miranda and Solange D. Miranda purchased a property in
Shrewsbury on July 31, 2002. The purchase was financed for the
most part with a mortgage loan from Moneyone Corporation. On
August 24, 2004, the Mirandas refinanced with a $336,150
mortgage loan from Argent Mortgage Company, LLC (Argent).3 This
mortgage was r... More...
   $0 (10-20-2015 - MA)

Needham v. Director of the Office of Medicaid

sole beneficiary.4 MassHealth reviewed this and other financial
information for purposes of determining whether Needham met the
financial eligibility requirements for long-term care under the
Medicaid program. See 130 Code Mass. Regs. § 520.003(A)(1)
(2009) (setting an eligibility ceiling of $2,000 in countable
assets). The irrevocable trust, also valued at $412,400, wa... More...
   $0 (10-20-2015 - MA)

Santana v. Commonwealth

After a jury trial in Superior Court, Angel
Santana was convicted of trafficking cocaine in the amount of
fourteen to less than twenty-eight grams, in violation of G. L.
c. 94C, § 32E(b), and trafficking in cocaine within 1,000 feet
of a school zone, in violation of G. L. c. 94C, § 32J. This
court vacated the judgments, concluding that the evidence was
insufficient t... More...
   $0 (10-19-2015 - 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)


The parties divorced on April 17, 2008, after approximately twenty-one years of marriage. The wife's complaint for modification, filed on March 25, 2013, sought an increase in the husband's alimony obligation on the grounds that the child support payments had ceased as a result of the children's emancipation and she was no longer able to maintain even a modest standard of living. A modification ... More...   $0 (10-08-2015 - 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)

Maryland v. Kulbicki

A criminal defendant “shall enjoy the right . . . to have the Assistance of Counsel for his defence.” U. S. Const., Amdt. 6. We have held that this right requires effective counsel in both state and federal prosecutions, even if the defendant is unable to afford counsel. Gideon v. Wainwright, 372 U. S. 335, 344 (1963). Counsel is unconstitutionally ineffective if his performance is both deficie... More...   $0 (10-06-2015 - MA)

James P. Riva, II v. Edward Ficco

James Riva II has filed a habeas
petition in federal court that challenges his three-decades-old
state murder conviction. The principal issue on appeal is whether
the District Court erred in ruling that Riva had filed that
petition too late, given the one-year limitations period that the
Anti-Terrorism and Effective Death Penalty Act (AEDPA) establishes
for filing federal h... More...
   $0 (09-29-2015 - ma)

William Cossart v. United Excel Corporation and Ky Hornbaker

This case presents a question
about the limits of personal jurisdiction. The issue arises in
connection with a lawsuit brought in Massachusetts concerning an
alleged breach of an employment contract. The contract
contemplated that the employee would work from Massachusetts for
a Kansas company, which then facilitated the employee's work from
Massachusetts by, among other th... More...
   $0 (09-30-2015 - 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)

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)

Ellis v. Commissioner of the Department of Industrial Accidents

Reduced to essentials, in this latest appellate
foray, the plaintiff, James Ellis, contends that, in considering
whether to approve a lump sum agreement under § 48 of G. L.
c. 152, the Workers' Compensation Act (act), for injuries to a
worker, an administrative judge of the Department of Industrial
Accidents (department) or a law judge on the department's
reviewing b... More...
   $0 (09-18-2015 - MA)

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