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Massachusetts Judgment Law
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)

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
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)

United States of America v. Wilfredo Melendez

Wilfredo Melendez was charged
with conspiracy to distribute cocaine, in violation of 21 U.S.C.
§§ 841(a)(1) and 846, and possession of a firearm in furtherance
of a drug offense, in violation of 18 U.S.C. § 924(c)(1)(A).
Mr. Melendez pleaded not guilty, and the case was tried to a
jury. During its deliberations, the jury posed two questions to
the district court, which t... More...
   $0 (12-23-2014 - MA)

South Commons Condominium Association v. Charlie Arment Trucking, Inc.

On June 1, 2011, a devastating
tornado struck the City of Springfield, Massachusetts. The twister
ripped through the downtown area and caused a great deal of damage.
Among the buildings affected were the South Commons Condominiums.
This appeal concerns the lawsuit the owners of those buildings
brought against the City, its officials, and one of its
The own... More...
   $0 (12-23-2014 - MA)

United States of America v. Gustavo Castro-Caicedo

Gustavo Castro-Caicedo appeals
his conviction and sentence for participating in a conspiracy that
sought to send cocaine from Colombia to the United States. His
primary objection is that federal agents used a highly suggestive
means to prompt a member of the conspiracy to identify him as a
confederate, and thus that the government's use of the
identification at trial violat... More...
   $0 (12-24-2014 - MA)

Michelle Kosilek v. Luis S. Spencer

This case involves important
issues that arise under the Eighth Amendment to the U.S.
Constitution. We are asked to determine whether the district court
erred in concluding that the Massachusetts Department of Correction
("DOC") has violated the Cruel and Unusual Punishment Clause of the
Eighth Amendment by providing allegedly inadequate medical care to
prisoner Michelle Ko... More...
   $0 (12-16-2014 - MA)

Stephen Rossetti v. United States of Amercia

Stephen Rossetti was convicted
on federal criminal charges arising from a plot to rob an armored
car depot in Eaton, Massachusetts. Having exhausted his direct
appeals, Rossetti now seeks collateral review on a petition for a
writ of habeas corpus, arguing that he was denied his Sixth
Amendment right to counsel and that the district court wrongly
refused to modify his sente... More...
   $0 (12-09-2014 - MA)

Brian Hunt and Kimberly Hunt v. David Massi and James Porter and Town of Falmouth

This civil rights case arises out of
the refusal of officers serving an arrest warrant to accede to the
request of an arrestee, Brian Hunt, that he be handcuffed with his
hands in front of him, and the ensuing events.
Hunt and his wife brought this case, asserting violations
of his federal constitutional rights under 42 U.S.C. § 1983, as
well as pendent state law claims. T... More...
   $0 (12-10-2014 - MA)

United States of America v. Eric Leonard

Boston, Suffolk County, MA - The United States of America charged Eric Leonard with armed bank robbery in violation of 18 U.S.C. 2113A.F.

03/16/2011 ELECTRONIC Clerk's Notes for proceedings held before Judge William G. Young:Sentencing held on 3/16/2011 as to Eric Leonard for Eric Leonard (1), Count(s) 1-3, The defendant is committed to the custody of the BOP for 36 months to be followe... More...
   $0 (03-16-2011 - MA)

Crystal Litz v. The Saint Consulting Group, Inc.

Appellants Crystal Litz and
Amanda Payne ("plaintiffs") claim unpaid overtime wages for their
work as project managers for The Saint Consulting Group, Inc.
("Saint Consulting"). The district court concluded that plaintiffs
were "highly compensated employees" and thus exempt from the
overtime pay protections of the Fair Labor Standards Act ("FLSA").
29 U.S.C. § 213(a)(1); 2... More...
   $0 (11-04-2014 - MA)

Brendon J. Lydon v. Local 103

Brendon Lydon believes that his union — Local 103 of the
International Brotherhood of Electrical Workers ("Local 103") —
runs its hiring hall in a discriminatory way, retaliated against
him for complaining about the discrimination, and breached its duty
of fair representation. So he sued Local 103 in district court,
alleging violations of several federal labor laws. Acting ... More...
   $0 (10-24-2014 - MA)

David Romulus v. CVS Pharmacy, Inc.

CVS Pharmacy, Inc. takes this
interlocutory appeal from an order granting the plaintiffs' motion
to remand a putative class action for wage and hour violations. In
this case of first impression in this circuit, we clarify the
removal time periods and mechanisms under the Class Action Fairness
Act of 2005 ("CAFA").
Under CAFA, federal courts have jurisdiction over a classMore...
   $0 (10-24-2014 - MA)

Thomas Stalcup v. Central Intelligence Agency

Though clouded by an airline
disaster and claims of a government cover-up, this case ultimately
turns on a relatively straightforward question: must the
government release certain information? Plaintiff-Appellant Thomas
Stalcup brought this Freedom of Information Act ("FOIA") suit
against the Central Intelligence Agency ("CIA"), seeking two
documents from an investigation i... More...
   $0 (10-06-2014 - MA)

Maj. Shannon L. McLaughlin v. Chuck Hagel

The plaintiffs ("McLaughlin
Group"), who prevailed in a constitutional challenge to Section 3
of the Defense of Marriage Act ("DOMA"), 1 U.S.C. § 7, appeal from
the district court's denial of fees and costs under the Equal
Access to Justice Act ("EAJA"), 28 U.S.C. §§ 2412(a)(1) & (d).
Whether prevailing parties who successfully challenged Section 3 of
DOMA are entitled t... More...
   $0 (09-23-2014 - MA)

Robbie Pollard v. Law Office of Mandy L. Spaulding

This is one of the relatively rare
occasions on which we have been asked, in a non-class-action
setting, to visit the precincts patrolled by the Fair Debt
Collection Practices Act (FDCPA), 15 U.S.C. §§ 1692-1692p.
Specifically, we are tasked with determining whether a particular
collection letter satisfies section 1692g(b) of the FDCPA, which
requires that a debt collecto... More...
   $0 (09-08-2014 - MA)

Darrell D. Debham v. FedEx Home Delivery

Darrell Debnam filed a complaint
against FedEx asserting wage payment claims that can only be
brought by an employee against an employer, and also asserting an
unfair business practice claim under Massachusetts' so-called
"Chapter 93A," Mass. Gen. Laws Ann. 93A, that cannot be brought by
an employee against his employer as such. The actual facts alleged
in the complaint pai... More...
   $0 (09-08-2014 - MA)

Robbie Pollard v. Law Office of Mandy L. Spaulding

This is one of the relatively rare
occasions on which we have been asked, in a non-class-action
setting, to visit the precincts patrolled by the Fair Debt
Collection Practices Act (FDCPA), 15 U.S.C. §§ 1692-1692p.
Specifically, we are tasked with determining whether a particular
collection letter satisfies section 1692g(b) of the FDCPA, which
requires that a debt collecto... More...
   $0 (09-08-2014 - MA)

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