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Massachusetts Judgment Law
 
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withdrawn offer of settlement of the named plaintiff's individual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)

JOHN J. SULLIVAN vs. GARY RODEN

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
2
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.
2
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.
2
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
2
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.
I.
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
2
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.
1
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)

Rogelio Blackman Hinds v. Loretta E. Lynch

In this case, we must determine
whether the Supreme Court's description of deportation in Padilla
v. Kentucky as "an integral part . . . of the penalty that may be
imposed on noncitizen defendants who plead guilty to specified
crimes," 559 U.S. 356, 364 (2010), has altered the longstanding
notion that removal is non-punitive and thus does not implicate
the Eighth Amendment'... More...
   $0 (06-24-2015 - MA)

Michael Mazariegos v. Loretta E. Lynch

Placed in removal proceedings
after his arrest on state charges, Michael Jonathan Mazariegos
sought to forestall his removal based on his marriage to a United
States citizen and the hardship his removal would cause his family.
He prevailed before an immigration judge (IJ), but lost when the
government appealed to the Board of Immigration Appeals (BIA).
Mazariegos did not se... More...
   $0 (06-24-2015 - MA)

Carter's of New Beford, Inc. d/b/a Carter's Clothing and Footware v. Nike, Inc. and Nike USA, Inc.

This case arises out of a
contract dispute between Plaintiff-Appellant Carter's of New
Bedford, Inc. ("Carter's"), a family-owned retail clothing and
footwear business with two stores in Massachusetts, and Defendant-
Appellee Nike, Inc. ("Nike"). In an attempt to stop Nike from
terminating the parties' business relationship, Carter's filed suit
in Massachusetts state court,... More...
   $0 (06-25-2015 - MA)

Julian Castle Logan v. Bruce Gelb

Julian Castle Logan (formerly known as Joao
Pedro Barbosa Jr.) was convicted in 2007 in Massachusetts state
court of living off or sharing the earnings of a minor prostitute
in violation of Massachusetts law. After twice being rebuffed by
the Massachusetts Appeals Court, see Commonwealth v. Barbosa, No.
08-P-1620, 2010 WL 680349 (Mass. App. Ct. Mar. 1, 2010) (Barbosa
I); Co... More...
   $0 (06-15-2015 - MA)

Denis Murray v. Kindred Nursing Centers West, LLC

Denise Murray portrays herself as
a whistleblower and charges that her quondam employer, Kindred
Nursing Centers West LLC (Kindred), fired her on that account.
Kindred denies this charge, asserting that it terminated Murray's
employment for a legitimate, nondiscriminatory reason: suspected
drug diversion. The district court assiduously sorted through the
evidence supporting... More...
   $0 (06-10-2015 - MA)

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 (11-30--0001 - 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)

 
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