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Massachusetts Judgment Law
 

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.
2
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 OF AMERICA v. TONY BEDINI

_______________________________________________

UNITED STATES OF AMERICA v. ISKENDER KAPLLANI

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 OF AMERICA v. WAYNE CARTER

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)

COMMONWEALTH vs. DOUGLAS GARCIA

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)

UNITED STATES OF AMERICA v. SIREWL COX

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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)

UNITED STATES OF AMERICA v. JANICE TROISI

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)

UNITED STATES OF AMERICA v. ROBEL KIDANE PHILLIPOS

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)

ALEXIS D. COREN-HALL vs. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY

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)

United States of America v. Keyon A. Taylor, a/k/a Key, a/k/a Keyon Taylor

Keyon Taylor ("Taylor") shot
and beat a postal worker, and then hijacked his truck in a botched
robbery scheme. The ordeal finally came to an end when the worker
popped the truck's rear gate and jumped out of the moving vehicle
to try and save his own skin. Taylor was convicted of multiple
federal crimes arising from this episode, then sentenced to just
shy of thirty years ... More...
   $0 (02-12-2017 - MA)

United States of America v. Medstar Ambulance, Inc.

Boston, MA - Medstar Ambulance to Pay $12.7 Million to Resolve False Claims Act Allegations Involving Medically Unnecessary Transport Services and Inflated Claims to Medicare

Medstar Ambulance Inc., including four subsidiary companies and its two owners, Nicholas and Gregory Melehov, have agreed to pay $12.7 million to resolve allegations that the Massachusetts-based ambulance company kno... More...
   $12700000 (01-19-2017 - MA)

UNITED STATES OF AMERICA v. JEREMY LAWRENCE

On June 21, 2013, Detective Michael Reynolds ("Detective
Reynolds"), saw a black sedan traveling at a rapid rate of speed
on Union Street in Braintree, Massachusetts. Union Street is a
secondary, two-lane road, with each lane going in opposite
directions. The road is, for the most part and in the area relevant
to this case, divided by a solid yellow line and framed by wh... More...
   $0 (01-17-2017 - MA)

COMMONWEALTH vs. PHILIP CHISM & others

In the early evening of October 22, 2013, the
defendant's mother informed the Danvers police department that
the defendant, who was fourteen years old at the time, was
missing. Shortly after midnight on October 23, a Danvers police
officer located the defendant walking on a road in Topsfield and
transported him to the Topsfield police station, where the
backpack he ... More...
   $0 (01-04-2017 - MA)

State of Tennessee v. Edythe Christie

Defendant, a lawyer, was indicted by the Madison County Grand Jury in September of 2014 for tampering with evidence. The case against Defendant arose in conjunction with the investigation into the death of Brittany Christie, who was found dead in a motel room in Jackson, Tennessee, in early December of 2013 from an apparent
- 2 -
overdose of heroin and Klonopin. John Christie, Defendan... More...
   $0 (01-01-2017 - MA)

Ronnie Jones v. City of Boston

Making their second appearance before this court are eight police officers, a police cadet, and
a provisionally hired 911 operator (collectively, the "Officers"),
who claim that they suffered adverse employment actions by the
Boston Police Department ("Department") as a result of a racially
discriminatory hair drug test. Eschewing any claim that the
De... More...
   $0 (12-29-2016 - MA)

ERIC HALBACH & another vs. NORMANDY REAL ESTATE PARTNERS & others

Plaintiff Eric Halbach (Halbach) suffered serious injuries when he fell as a result of uneven pavement on a public sidewalk adjacent to a commercial building owned by defendant 100 & 200 Clarendon Street, LLC (Clarendon), and
operated, leased, and maintained by one or more of the remaining defendants (collectively, Normandy). Halbach and his wife, Kathleen Halbach, subs... More...
   $0 (11-20-2016 - MA)

COMMONWEALTH vs. QUINCY BUTLER

Case No. - 11-P-729

The defendant, Quincy Butler, appeals from his convictions of murder in the second degree (G. L. c. 265, § 1),

2 and eight related offenses.1 The defendant was tried with a codefendant, William Wood, on a theory of joint venture for crimes committed in the course of a botched kidnapping and robbery attempt.2 Wood was convicted of murder in the first degree and various other ... More...
   $0 (11-04-2016 - MA)

COMMONWEALTH vs. RICHARD LAWSON

The defendant, after being told by Boston police officers that he had an outstanding warrant, resisted arrest and assaulted the officers. At a jury-waived trial in the Boston Municipal Court, the defendant offered a defense of lack of criminal responsibility, and called a forensic psychologist who described the defendant's lengthy mental health history and opined that the defendant was not ... More...   $0 (10-29-2016 - MA)

COMMONWEALTH vs. MICHAEL FERREIRA

The issue in this case concerns the proper
application of the doctrine of collateral estoppel, as embodied
in the double jeopardy clause of the Fifth Amendment to the
United States Constitution and in Massachusetts statutes and
common law. See Ashe v. Swenson, 397 U.S. 436 (1970);
Commonwealth v. Benson, 389 Mass. 473 (1983). See also G. L.

In 2011, nearly for... More...
   $0 (10-15-2016 - MA)

COMMONWEALTH vs. JOHN LACOY

We recite the facts as the jury could have
found them, noting facts that are disputed, and reserving
certain details for our analysis of the issues raised on appeal.
The defendant and the victim, Casey Taylor, met in a
homeless shelter. After the defendant found an apartment with
two other men, Taylor stayed with him overnight from time to
time. The landlord1 event... More...
   $0 (10-06-2016 - MA)

ZVI CONSTRUCTION COMPANY, LLC vs. FRANKLIN LEVY & another

Except where indicated, the following facts are not in dispute. Brendan Higgins, Joshua Huggard, and
Jordan Tobins were members and managers of numerous limited liability companies operating a small chain of pizzerias known as The Upper Crust. On April 5, 2012, Higgins, Huggard, and The Upper Crust, all of whom were represented by Levy and his firm, L & W, filed a civil lawsuit against Tob... More...
   $0 (10-06-2016 - MA)

Commonwealth v. Teixeira; Commonwealth v. Meade

These cases stem from two unrelated, nonfatal
shootings in the Roxbury section of Boston in June, 2015, and
July, 2015. Angelo Teixeira was arrested for the first
shooting, and Christopher Meade for the second. Meade and
Teixeira each were charged by complaint in the Boston Municipal
Court (BMC) with a number of felonies, including some that are
outside the final ju... More...
   $0 (09-18-2016 - MA)

Rueli v. Baystate Health, Inc.

Plaintiffs are a putative class
of unionized nurses who sued their employer in state court for
unpaid wages and overtime pay for work performed outside their
approved shifts. Their employer removed the case to federal court,
citing the doctrine of complete preemption, under which claims
requiring interpretation of a collective bargaining agreement
("CBA") are reclass... More...
   $0 (08-23-2016 - MA)

COMMONWEALTH vs. AARON HERNANDEZ

On July 16, 2012, Daniel de Abreu and
Safiro Furtado were murdered in an alleged drive-by shooting in
the South End section of Boston. During the investigation of
the crimes, Alexander Bradley stated that he witnessed the
defendant shoot at five occupants of a 2003 BMW sedan on the
date in question. He further stated that on February 13, 2013,
while he and the defen... More...
   $0 (08-21-2016 - MA)

COMMONWEALTH OF MASSACHUSETTS vs. JAHMAL BRANGAN

On March 13, 2015, a jury convicted the defendant of armed robbery while masked, in violation of G. L. c. 265, § 17. During closing argument, the defendant objected to a series of the prosecutor's statements, and at its conclusion moved for a mistrial, claiming that those statements constituted prejudicial error. The trial judge, who had given curative instructions in response to the defendant'... More...   $0 (08-13-2016 - MA)

FREDERICK CLAY vs. MASSACHUSETTS PAROLE BOARD

In 1981, the petitioner, Frederick Clay, was convicted of murder in the first degree. The victim was a Boston taxicab driver. When the crime was committed in 1979, 1 Justice Duffly participated in the deliberation on this case prior to her retirement. Clay was a juvenile. He was sentenced to serve the statutorily mandated term of life in prison without the possibility of parole, see G. L. c.... More...   $0 (08-13-2016 - MA)

Commonwealth v. Mattier

The defendants, Branden E. Mattier and his half
brother Domunique D. Grice, were convicted by a jury on
indictments charging one count each of conspiracy to commit
larceny, G. L. c. 274, § 7, and attempted larceny, G. L. c. 274,
§ 6. Mattier also was convicted on an indictment charging one
count of identity fraud, G. L. c. 266, § 37E. The charges
stemmed from an atte... More...
   $0 (05-13-2016 - MA)

 
 
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