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Massachusetts Judgment Law
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)

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)

Uzoma v. Okereke

The plaintiff filed a complaint for annulment,
and a motion for service of the complaint by publication, in the
Probate and Family Court on July 13, 2010. On that same day a
judge of that court allowed the motion for service by
publication, endorsed the motion by noting "service is waived"
(emphasis in original), and entered a judgment of annulment.
There is no ind... More...
   $0 (09-14-2015 - 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)

Laura Sheedy v. Deutsche Bank National Trust Company

This case involves an attempt
by a Chapter 13 debtor to avoid foreclosure on her residential
mortgage through a lender liability suit in an adversary proceeding
within her bankruptcy case. Agreeing with the bankruptcy court, we
find all claims to be either time-barred or without merit, and
therefore affirm its grant of summary judgment in favor of the
I. Back... More...
   $0 (09-01-2015 - MA)

Commonwealth v. Bior

Following a jury trial in the District Court,
the defendant was convicted of assault and battery by means of a
dangerous weapon. G. L. c. 265, 15A(b). Although we conclude
that the trial evidence was sufficient to support that
conviction, we agree with the defendant that the introduction of
evidence regarding pretrial probable cause hearings constituted
reversibl... More...
   $0 (08-29-2015 - MA)

Doe v. City of Lynn

In this appeal, we determine whether an
ordinance imposing restrictions on the right of sex offenders to
reside in the city of Lynn (city) is prohibited by the Home Rule
Amendment, art. 89, 6, of the Amendments to the Massachusetts
Constitution, and the Home Rule Procedures Act, G. L. c. 43B,
13. The plaintiffs, who represent a certified class of sex
offenders su... More...
   $0 (08-28-2015 - MA)

Bais Yaakov of Spring Valley v. ACT, Inc.

On certified interlocutory
review under 28 U.S.C. 1292(b), we hold that a rejected and
withdrawn offer of settlement of the named plaintiff's individual
claims in a putative class action made before the named plaintiff
moved to certify a class did not divest the court of subject matter
jurisdiction by mooting the named plaintiff's claims.
I. Background
ACT, Inc., is a... More...
   $0 (08-21-2015 - 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)


Sullivan delivered a letter that he had written to Nelia Sousa, a female correction officer. In the letter, Sullivan stated that he had developed "an attraction" to Sousa, described their interactions as "courting," requested that she move him into her unit so they
1 Individually and in his capacity as superintendent of Massachusetts Correctional Institution at Norfolk (MCI-Norfolk). 2 In... More...
   $0 (08-22-2015 - 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)

Gareth Francis v. Christopher Maloney and Charles E. Samuels, Jr.

Although the parties present this
case as implicating a question of due process, it ultimately turns
on our inability to provide the petitioner with the relief that he
seeks. Petitioner Gareth Francis brought this 28 U.S.C. 2241
habeas corpus petition after he was released from federal custody.
In the district court, he argued that the Bureau of Prisons ("BOP")
violated h... More...
   $0 (08-19-2015 - MA)

Murphy v. Wachovia Bank of Delaware, N.A.

This case concerns the proper distribution of
surplus funds after a foreclosure sale initiated and conducted
by the holder of a second mortgage. After a jury-waived trial,
1 Of the bankruptcy estate of Nigel Thorpe.
2 John A. Dunnery, in his capacity as vice-president of Wachovia Bank.
a judge of the Superior Court ruled that defendant Wa... More...
   $0 (08-13-2015 - MA)

Touher v. Town of Essex

This appeal arises from a series of disputes
between the seasonal residents of Conomo Point and the town of
Essex (town), which owns and rents them the land on which they
reside. Four sets of plaintiff residents filed a complaint
seeking a declaration that they owned the buildings they had
erected on the town's land. After a jury-waived trial, a
Superior Court judge... More...
   $0 (08-10-2015 - MA)

Barrie-Chivian v. Lepler

After the defendant admitted at trial that he orally agreed to guarantee a loan, a jury found him liable for nonpayment of that loan based on a theory of promissory estoppel. On appeal, the defendant argues that the plaintiffs' claim was barred by the Statute of Frauds. We affirm.
1 Noah Chivian.
2 Background.2 In 2003, several months after he and the plaintiff... More...
   $0 (08-09-2015 - MA)

Canisius v. Morgenstern

Peter Canisius, Jr. (Peter), the former
husband of Erin Joy Morgenstern (Erin), appeals from a judgment
of divorce of the Probate and Family Court. He argues that the
judge erred in treating Erin's vested contractual rights to
future payments resulting from the best-selling novel, The Night
1 Chief Justice Rapoza participated in the deliberation on th... More...
   $0 (08-09-2015 - 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)

Parr v. Rosenthal

We review the evidence presented at
trial that is relevant to the requested instruction on the
2 The statute of limitations for a medical malpractice action requires that the suit "commence[] only within three years after the cause of action accrues." G. L. c. 260, 4, second par., inserted by St. 1986, c. 351, 30. 3 We were not provided with the special ver... More...
   $0 (08-09-2015 - MA)

Wessell v. Mink Brook Associates, Inc

This case involves a dispute between an
employee and her former employer regarding unpaid wages. The
plaintiff, Mary Ellen Wessell, successfully sued Mink Brook
1 Robert C. Stone.
Associates, Inc. (Mink Brook), and owner Robert C. Stone under
the Wage Act for lost wages and retaliatory discharge after
Stone refused to issue her a paychec... More...
   $0 (08-05-2015 - MA)

Brown v. Office of the Commissioner of Probation

This case presents the novel issue of whether a plaintiff who recovers punitive damages as part of a judgment
under the provisions of G. L. c. 151B, 9, against a subdivision of the Commonwealth may be awarded postjudgment interest on that award and on the award of attorney's fees and costs, or whether sovereign immunity bars such interest.1 The statutes relevant to the issue, inclu... More...
   $0 (08-04-2015 - 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)

Timothy W. Hill v. State Street Corporation

This appeal arises out of the settlement of a securities class action brought on behalf of all who purchased the common stock of State Street Corporation during a period of just over three years. In settling the case, the lead plaintiff and plaintiff's counsel agreed with defendants that some class members would be deemed uninjured, and that others who were injured in amounts less than $10.00 woul... More...   $0 (07-24-2015 - 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)

David Jordan v. United States of America

This is our second
consideration of David Jordan's appeal from the denial of relief
on federal habeas. The first time, we remanded for a new
evidentiary hearing, after which the district court again held
against Jordan. We affirm.
Jordan was tried and convicted of federal crimes in a
joint trial with Anthony Bucci. The defendants later filed
unsuccessful habeas p... More...
   $0 (07-14-2015 - 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)

In Re: Alvaro M. Pereira

The outcome of this federal
bankruptcy case turns on interpretations of two different state
statutes, each of which concerns defects in real estate titles.
In time, those interpretations may affect considerable numbers of
Massachusetts foreclosure proceedings. In this case, those
interpretations affect who will benefit from the estate's real
property assets: a bank, or the ... More...
   $0 (06-26-2015 - MA)

Commonwealth of Massachusetts v. Walte rKomnunus

On appeal from his conviction of trafficking in
cocaine in violation of G. L. c. 94C, § 32E(b)(1), the defendant
claims error in the denial of his motion to suppress evidence
seized from his apartment following a warrantless entry by
police. We conclude that the motion judge correctly denied the
defendant's motion to suppress, and affirm the judgment.
Backgrou... More...
   $0 (06-30-2015 - MA)

Adoption of Isaiah

The father appeals from a judgment and order issued by a
judge of the Juvenile Court finding the child to be in need of
care and protection, that termination of the father's parental
rights was in the child's best interests, and terminating the
father's parental rights. See G. L. c. 119, § 26; G. L. c. 210,
§ 3. The mother had previously entered into a stipulation for
jud... More...
   $0 (06-19-2015 - MA)

Angela Sarkisian v. Concept Restaurants, Inc.

In this case we decide whether the "mode of
operation" approach to premises liability, adopted by this court
in Sheehan v. Roche Bros. Supermkts., Inc., 448 Mass. 780, 788
(2007), applies to slip-and-fall incidents occurring outside of
the context of self-service establishments. Traditionally, a
plaintiff asserting premises liability has been required to show
that the owner... More...
   $0 (06-23-2015 - MA)

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