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Massachusetts Judgment Law

United States of America v. Pedro Lopez-Cotto

District of Massachusetts Federal Courthouse - Boston, Massachusetts

Appellant Pedro Jose Lopez-Cotto
("Lopez"), a police officer in the City of Lawrence, Massachusetts,
was indicted on charges of participating in a bribery scheme
whereby he referred large numbers of vehicle towing requests
to M & W Towing in exchange for a stream of benefits that included
discounts on the purchase of abandoned cars and equipment. After
a jury trial, Lopez w... More...
   $0 (02-27-2017 - MA)

Roland G. Hill and Mary R. Hill v. Edward Walsh

District of Massachusetts Federal Courthouse - Boston, Massachusetts

In this opinion, we bring our
circuit law into conformity with the Supreme Court's precedent on
the emergency aid exception to the Fourth Amendment requirement
that a warrant be obtained before police entry into homes. We
explain below.
On March 3, 2015, Matthew Hill, age 28, overdosed and
was taken to Morton Hospital in Taunton, Massachusetts. The next
day, several Tau... More...
   $0 (02-27-2018 - MA)

James Ellis; William Perry v. Fidelity Management Trust Company

Plaintiffs James Ellis and
William Perry brought this certified class action under the
Employee Retirement Income Security Act of 1974 ("ERISA"),
alleging that Fidelity Management Trust Company, the fiduciary for
a fund in which plaintiffs had invested, breached its duties of
loyalty and prudence in managing the fund. Fidelity won summary
judgment and plaintiffs appealed. B... More...
   $0 (02-22-2018 - MA)

Carol Diane Cooper and John Scott Cooper v. Alyssa Jane D'Amore, f/k/a Alyssa J. Cooper

District of Massachusetts Federal Courthouse - Boston, Massachusetts

In 2003, Peter M. Cooper, Jr.
("decedent") established an Individual Retirement Account ("IRA")
with Mesirow Financial ("Mesirow IRA"), and designated his then
wife, Alyssa Jane D'Amore ("D'Amore"), as beneficiary. In 2006,
the couple divorced, but decedent never revoked the beneficiary
designation. In 2011, decedent transferred the majority of his
Mesirow IRA assets to a T... More...
   $0 (02-11-2018 - MA)

United States of America v. Joseph J. Kennedy

District of Massachusetts Federal Courthouse - Boston, Massachusetts

Joseph Kennedy appeals his
conviction and sentence for being a felon in possession of
ammunition in violation of 18 U.S.C. § 922(g)(1). Challenging his
conviction, Kennedy argues that the district court erred in denying
his motion to suppress evidence obtained from a warrantless search
of the vehicle he was driving immediately before his arrest.
Challenging his sentence, he... More...
   $0 (01-24-2018 - MA)

United States of America v. David E. Gorski

District of Massachusetts Federal Courthouse - Boston, Massachusetts

A jury in the District of
Massachusetts convicted David Gorski of conspiring between late
2005 and 2010 to defraud the United States, in violation of 18
U.S.C. § 371, by knowingly procuring government contracts for his
construction company on the false premise that the company was
owned and controlled by military veterans who became disabled in
connection with their militar... More...
   $0 (01-22-2018 - MA)


The charges against Gorski pertain to his role as founder
and vice president of a general contracting and construction
services company, Legion Construction, Inc. Gorski developed the
plan for the company in late 2005. From 2006 to 2010, Legion took
advantage of federal programs in which certain federal agencies
awarded government contracts on a preferential basis to sma... More...
   $0 (01-19-2018 - MA)


Massachusetts Supreme Judicial Court

Following a trial in the
District Court, a jury convicted the defendant, Shawn McGonagle,
of assault and battery, G. L. c. 265, § 13A. At the defendant's
sentencing hearing, the Commonwealth requested that the
defendant be sentenced to two and one-half years in a house of
correction, the maximum possible sentence under the statute, to
be served from and after his rel... More...
   $0 (01-18-2018 - MA)

Jered Sasen v. Richard V. Spencer

District of Massachusetts Federal Courthouse - Boston, Massachusetts

This case, which pits a retired
petty officer against the United States Navy, is awash with novel
legal questions concerning the application and operation of
Article 31 of the Uniform Code of Military Justice (UCMJ). These
questions center on Article 31(b), which requires that a sailor
suspected of an offense be warned both that he need not make any
statement regarding that... More...
   $0 (01-12-2018 - MA)


United States Court of Appeals for the First Circuit.

This case is one of several arising out of the activities
of a sprawling drug-distribution ring operating in Maine. As such,
it implicates one of many spokes radiating from the hub of a
conspiratorial wheel. We briefly rehearse the relevant facts and
travel of the case, directing readers who hunger for more exegetic
details about the drug-distribution ring to consult our... More...
   $0 (12-30-2017 - MA)

Patrick Skrabec v. Town of North Attleboro, et al.

District of Massachusetts Federal Courthouse - Boston, Massachusetts

This appeal arises from the grant of
the Defendants’ summary judgment motion following the Plaintiffs’
failure to oppose the motion within the timeframe set by the
district court. The Plaintiffs, citing excusable neglect, sought
relief from the judgment pursuant to Federal Rule of Civil
Procedure 60(b)(1), which the court denied. Finding no error, we
affirm the judgment.More...
   $0 (12-18-2017 - MA)

Debvra Cherkaoui v. City of Quincy

District of Massachusetts Federal Courthouse - Boston, Massachusetts

Debra Cherkaoui ("Cherkaoui"
or "Plaintiff") appeals from the district court's grant of summary
judgment in favor of her former employer, the City of Quincy,
Massachusetts ("City" or "Defendant"), on her claims of employment
discrimination, retaliation, and constructive discharge. She
argues that the district court erred by adopting the magistrate
judge's Report and Recomme... More...
   $0 (12-04-2017 - MA)

George Evans v. United States of America

District of Massachusetts Federal Courthouse - Boston, Massachusetts

In this case, a small bug incited
a lawsuit under the Federal Tort Claims Act (FTCA), 28 U.S.C.
§§ 1346(b), 2671-2680. The district court, acting through a
magistrate judge, ruled that the FTCA's discretionary function
exception barred the maintenance of the action. See Evans v.
United States, No. 14-cv-40042, 2016 WL 5844473, at *8 (D. Mass.
Sept. 30, 2016) (citing 28 U.S.... More...
   $0 (12-04-2017 - MA)

Town of Westport v. Monsanto Company, Solutia, Inc. and Pharmacia Corporation

District of Massachusetts Federal Courthouse - Boston, Massachusetts

This is an appeal from the entry
of judgment for the defendants in a products liability case brought
by the plaintiff, Town of Westport ("Westport"). The defendants
are Monsanto Company, Solutia, Inc., and Pharmacia Corporation
(collectively "Pharmacia"). Westport filed suit under
Massachusetts law against Pharmacia, seeking to recover the cost
of remediating Westport Middl... More...
   $0 (12-12-2017 - MA)


The Asian Longhorned Beetle

We first rehearse the background of the case dividing
our account into four movements.
Norwegian Wood
The Asian Longhorned Beetle (ALB) is an invasive pest
that arrived in the United States from Asia, concealed in wooden
shipping crates and pallets. According to the United States
Department of Agriculture (USDA), the ALB has the grim potential
t... More...
   $0 (12-07-2017 - MA)

Laura M. Sheedyb . Carolyn A. Bankowski

United States Court of Appeals for the First Circuit

The single issue before us
is whether the bankruptcy court abused its discretion in denying
Appellant Laura Sheedy's ("Sheedy") motion for extension of time
to file a notice of appeal pursuant to Bankruptcy Rule 8002(d)
(1)(B) for failing to show excusable neglect. Sheedy's motion was
filed one business day late as a result of her attorney's
preoccupation with his second jo... More...
   $0 (11-21-2017 - MA)

Scott Saunders v. Town of Hull

United States Court of Appeals For The First Circuit - Boston, Massachusetts

This is an appeal from entry of
summary judgment in favor of the Town of Hull in a civil rights
action brought by a Hull police officer. Scott Saunders, a decadelong
veteran of the Town of Hull Police Department, was passed
over for a promotion in November 2014. He alleges that the Town
of Hull and its then Police Chief, Richard Billings, intentionally
let his application l... More...
   $0 (10-31-2017 - MA)

Carl F. Jenkins v. Frank T. Gangi

United States Court of Appeals For The First Circuit - Boston, Massachusetts

Frank Gangi ("Gangi") appeals
from the district court's December 30, 2015 order approving a sale
of his assets and the assets of entities owned by him, recommended
by the receiver, Carl Jenkins ("Jenkins"), whom the court appointed
to sell those assets for the benefit of Gangi's creditors. Gangi,
on appeal, primarily argues that the assets were sold to a
fiduciary of the re... More...
   $0 (10-17-2017 - MA)

United States of America v. Richard Weed

United States Court of Appeals For The First Circuit - Boston, Massachusetts

Richard Weed, a securities lawyer,
wrote false opinion letters so that his two co-conspirators could
sell stock to the public in a "pump and dump" scheme.1 In
connection with this conduct, he was convicted of securities fraud,
wire fraud, and conspiracy to commit both. Following the jury's
guilty verdict, Weed moved for a judgment of acquittal. He argued
that the evidence w... More...
   $0 (10-11-2017 - MA)

Givani Depianti v. Jan-Pro Franchising, Inc.

Federal Courthouse - Boston, Massachusetts

Generation after generation of
parents have passed along a basic adage to their children: if at
first you don't succeed, try, try again. Such advice encouraging
perseverance can serve one well throughout a myriad of life
experiences. But while steadfast determination may, in the
abstract, be worthy of aspiration, the legal field has--as is often
the case--made an exception ... More...
   $0 (10-03-2017 - MA)

United States of America v. Shayne Parker

Federal Courthouse - Boston, Massachusetts

Sometime on or around March 22, 2014 — all dates here
are in that year, by the way — Shayne Parker committed two legal
no-nos: he possessed 50 rounds of 38-caliber ammo while being a
convicted felon, and he transported a SCCY Model CXP 9-mm pistol
into his state of residence without a license. Or so a federal
grand jury in Massachusetts alleged in an indictment charging him
... More...
   $0 (09-21-2017 - MA)

Robert Jude Wilber v. Robert Curtis; Brian Kinsella; Michael Rogers

Federal Courthouse - Boston, Massachusetts

This appeal concerns a challenge
to a summary judgment ruling that dismissed a lawsuit that a
Massachusetts property owner brought against three police
officers. The suit addressed the owner's arrest for actions that
he took in connection with his objection to the clearing of
vegetation on his property by the work crew for an electrical
utility, which held an easement to th... More...
   $0 (09-21-2017 - MA)

David Ceruolo v. Martha Garcia

Supreme Court of Massachusetts - Boston, Massachusetts

The plaintiff, David Ceruolo (David) sued his
ex-wife Lyllian Ceruolo (Lyllian),2 and her mother, Martha Garcia
(Garcia) for defamation and negligent and intentional infliction
1 Lyllian Ceruolo.
2 Because these parties share the same last name, we refer
to them by their first names.
of emotional distress following the conclusion of a contentious
divorce. The defe... More...
   $0 (09-07-2017 - MA)

United States of America v. Jane E. O'Brien

Federal Courthouse - Boston, Massachusetts

Jane E. O'Brien, a professional
investment adviser, engaged in a long-running scheme to defraud
several of her clients -- mostly elderly women who relied on her
financial advice and friendship -- out of their life savings. This
scheme was eventually uncovered, and she pled guilty -- in two
separate cases -- to securities fraud, investment adviser fraud,
wire fraud, a... More...
   $0 (09-02-2017 - MA)

Charles Morse and Lesa Morse v. Michael Cloutier, et al.

Federal Courthouse - Boston, Massachusetts

The Supreme Court has recognized
that "a man's house is his castle" and has interpreted the Fourth
Amendment to safeguard private homes against most warrantless
intrusions. Payton v. New York, 445 U.S. 573, 589-90, 596 (1980).
But there are some exceptions to this rule — and in this case, the
defendants (police officers acting as such) assert that exceptions
for exigent cir... More...
   $0 (08-25-2017 - MA)

Paulo Rezende v. Ocwen Loan Servicing, LLC; US Bank, N.A.

Federal Courthouse - Boston, Massachusetts

In August 2005, Paulo Rezende
took out two loans from Aegis Funding Corporation ("Aegis") to
refinance his mortgage on property in Everett, Massachusetts.
Rezende executed mortgages identifying Mortgage Electronic
Registration Systems, Inc. ("MERS") as the mortgagee, "solely as
nominee" for Aegis and its successors and assigns. In June 2010,
MERS assigned one of the mortgag... More...
   $0 (08-31-2017 - MA)

Joseph Chalifoux v. Jennifer Chalifoux, Shaun Woods and Town of Tyingsborough

United States Court of Appeals For The First Circuit - Boston, Massachusetts

Appellee Jennifer Chalifoux ("Jennifer")
filed for divorce from her husband, appellant Joseph Chalifoux
("Joseph"), on May 5, 2010. The subsequent divorce proceedings
were highly contentious1 and spawned a torrent of additional
lawsuits in various federal and state courts. The case before us
now is the latest iteration of these lawsuits, wi... More...
   $0 (07-31-2017 - MA)




United States Court of Appeals For the First Circuit

In 2012, Bedini and Kapllani were charged in the United
States District Court for the District of Massachusetts with
conspiracy to distribute and to possess with intent to distribute
five or more kilograms of cocaine in violation of 21 U.S.C. § 846.
Six other codefendants were also charged in that indictment for
the same crime, in consequence of their alleged participatio... More...
   $0 (07-08-2017 - MA)


United States Court of Appeals for the First Circuit.

On April 1, 1997, Carter pled guilty in state court to
violating Maine's assault statute, Me. Stat. tit. 17-A,
§ 207(1)(A). The victim was Carter's girlfriend and the mother of
one of his children.1 Thirteen years later, Carter was indicted
for violating 18 U.S.C. § 922(g)(9) by possessing a firearm that
he had inherited, kept, pawned, and redeemed after the 1997 assault... More...
   $0 (07-08-2017 - MA)

Todd McKeague v. One World Technologies, Inc.

This appeal arises out of a civil case in which the plaintiff's two lawyers did nothing to
prosecute the plaintiff's claims within generous deadlines,
received a second chance, and then failed to oppose a pending
motion for summary judgment. On such a record, we find that the
district court did not abuse its discretion in failing to grant More...
   $0 (06-08-2017 - MA)

Michele Audette v. Town of Plymouth, MA

Federal Courthouse - Boston, Massachusetts

Appellant Michelle Audette, a
police patrol officer1 in Plymouth, Massachusetts, appeals from
the entry of summary judgment for the Town of Plymouth ("Town"),
the Plymouth Police Department ("Department"), and a number of the
Town's and the Department's employees. Audette claims that she
suffered discrimination in violation of the Americans with
Disabilities Act ("ADA"), 42... More...
   $0 (05-31-2017 - MA)

Jeannette Buntin v. City of Boston

This appeal causes us to decide
a question of first impression in this circuit. We hold that a
plaintiff may not bring claims for damages under 42 U.S.C. § 1981
against state actors, including defendants sued in their official
capacities as government officials -- here, employees of the City
of Boston. This result is required by Jett v. Dallas Independent
School District, i... More...
   $0 (05-15-2017 - MA)


Massachusetts Supreme Judicial Court

The Commonwealth introduced the following
evidence at trial. We reserve the circumstances of the
erroneously admitted testimony for our analysis of the issue.
After an argument with her boy friend, Sally spoke with her
mother on the telephone and asked to stay at her apartment,
where the defendant also lived. Although out of town, her
mother told Sally that she co... More...
   $0 (04-22-2017 - MA)

UNITED STATES OF AMERICA v. ENRICO PONZO, a/k/a Henry Ponzo, a/k/a Michael P. Petrillo, a/k/a Rico, a/k/a Joey, a/k/a Jeffrey John Shaw, a/k/a Jay Shaw

Idaho Rancher Revealed as Gangster From Boston

This case centers on Ponzo's affiliation with LCN, a
crime network with a "boss," "soldiers," and "associates" -- an
affiliation that began in the late 1980s and ended in the mid
1990s, give or take. LCN operated its organized crime network through trafficking drugs, loansharking, extortion, and illegal gambling. Ponzo's LCN membership formed the basis for the
Racketeer Influ... More...
   $0 (04-09-2017 - MA)


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We provide here only a brief synopsis of the essential
facts of this case, reserving additional detail for the analysis
that follows.<... More...
   $0 (03-21-2017 - MA)

JOSE SOTO v. MEGAN J. BRENNAN, Postmaster General of the U.S. Postal Service

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Jose Soto appeals from the district court's
dismissal of his four-count complaint alleging that his former
employer, t... More...
   $0 (03-14-2017 - MA)


We summarize the basic contours of the healthcare fraud
scheme and proceedings below, reserving a fuller exposition of the
relevant facts for our analysis of the particular issues presented
by this appeal. See United States v. López-Díaz, 794 F.3d 106,
109 (1st Cir. 2015) (citing United States v. Flores–Rivera, 787
F.3d 1, 9 (1st Cir. 2015)), cert. denied, 136 S. Ct. 1229... More...
   $0 (02-25-2017 - MA)


Boston Marathon bombing

We start with Phillipos's challenges to the admission
into evidence of a signed confession, in which Phillipos admitted
to making the false statements that are at issue during two
informal interviews with federal agents in the two weeks following
the bombing. Phillipos signed that confession at the conclusion
of an interview with an agent of the Federal Bureau of
Inv... More...
   $0 (02-25-2017 - MA)


The defendant, Massachusetts Bay Transportation
Authority (MBTA), appeals from a Superior Court order denying
its renewed motion for summary judgment on plaintiff Alexis D.
Coren-Hall's tort claim under the Massachusetts Tort Claims Act,
G. L. c. 258. The MBTA's motion asserted that Coren-Hall had
failed to make presentment of her claim to the MBTA's "executive
offic... More...
   $0 (02-23-2017 - MA)

UNITED STATES OF AMERICA v. KEYON A. TAYLOR, a/k/a Key, a/k/a Keyon Taylor

Taylor raises many challenges to his conviction and
sentence on appeal, but the sufficiency of the evidence is not one
of them. So, we give a balanced presentation of those facts
necessary to understand the parameters of this appeal and our
disposal of it. See United States v. Burgos-Montes, 786 F.3d 92,
99 (1st Cir. 2015), cert. denied, 136 S. Ct. 599 (2015).1 The
de... More...
   $0 (02-13-2017 - MA)

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