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Massachusetts Judgment Law
 
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)

Commonwealth v. Mattier

The defendant, Branden E. Mattier, was convicted
by a jury on three indictments charging conspiracy, G. L.
2
c. 274, § 7; attempted larceny, G. L. c. 274, § 6; and identity
fraud, G. L. c. 266, § 37E, respectively. The charges stemmed
from an attempt by the defendant and his half-brother to defraud
One Fund Boston, Inc. (One Fund),1 of approximately $2 million by More...
   $0 (05-02-2016 - MA)

Darling's Auto Mall v. General Motors LLC

Viewed in the light most favorable to the jury’s verdict, the evidence in
the record supports the following facts. State v. Diana, 2014 ME 45, ¶ 2,
89 A.3d 132. Darling’s is a GM franchisee and authorized dealer in Ellsworth.
Pursuant to a Dealer Sales and Service Agreement between Darling’s and GM,
2 Darling’s performs warranty repairs on qualified GM vehicles and, in exch... More...
   $0 (04-01-2016 - MA)

Commonwealth v. Mazariego

The defendant was convicted of murder in the
first degree on a theory of felony-murder, based on the
predicate felony of aggravated rape. He also was convicted of
aggravated rape, and he was sentenced to concurrent terms of
life in prison. On appeal, the defendant asserts error in (1)
the denial of his motion for a required finding of not guilty;
(2) the denial of h... More...
   $0 (03-31-2016 - MA)

Commonwealth v. Bonilla

Following a jury trial, the defendant, Luis
Bonilla, was convicted of larceny over $250 by a single scheme
(count 1), and uttering a false instrument (count 2); he was
sentenced to two one-year concurrent sentences to the house of
correction. On appeal, he argues that the evidence was
insufficient to support his convictions. We affirm the judgment
in part and revers... More...
   $0 (03-30-2016 - MA)

ELBA SALDIVAR v. DANIEL RACINE; THE CITY OF FALL RIVER

The allegations set forth in Saldivar's complaint1 are
very disturbing. As we are reviewing a dismissal for failure to
state a claim, we accept the complaint's factual allegations as
true and draw all reasonable inferences from those facts in favor
of Saldivar. In early June 2011, Elba Saldivar, a resident of Fall
River, contacted the Fall River Police Department and rep... More...
   $0 (03-29-2016 - MA)

Commonwealth Of Massachusetts v. Chatman

On February 10, 2000, police responded to a telephone call made by the defendant, Demond Chatman, reporting
that his mother, the victim, had been shot. The defendant directed officers to the home of the victim's aunt, where the defendant was living. The police found the victim's body in the aunt's bedroom. On January 24, 2002, a jury returned a guilty verdict against the defendant on the ... More...
   $0 (03-17-2016 - MA)

Commonwealth v. Henderson

Following a trial on multiple indictments, a
jury convicted the defendant, Keith Henderson, on two
indictments charging leaving the scene of an accident causing
personal injury in violation of G. L. c. 90, § 24(2)(a1/2)(1),
and on three indictments charging leaving the scene of an
accident causing property damage in violation of G. L. c. 90,
§ 24(2)(a).1 On appeal, ... More...
   $0 (03-15-2016 - MA)

Goe v. Commissioner of Probation

This case comes to us on a reservation and
report from the single justice asking the following questions:
"(1) Whether the Massachusetts courts are the appropriate forum for challenging additional probation conditions imposed on a probationer transferred to Massachusetts pursuant to the Interstate Compact for Adult Offender Supervision; and, if so, what is the proper mechanism for moun... More...
   $0 (03-14-2016 - MA)

New England Precision Grinding, Inc. v. Simply Surgical

This Superior Court contract action stems from
the sale by defendant Simply Surgical, LLC (Simply Surgical) to
plaintiff New England Precision Grinding, Inc. (NEPG) of medical
device parts manufactured by defendant Iscon Surgicals, Ltd.
(Iscon). All three parties appeal from an amended judgment
entered on January 8, 2013, in favor of Simply Surgical; Iscon
also appea... More...
   $0 (03-09-2016 - MA)

UNITED STATES v. JAMES J. BULGER, a/k/a Jimmy, a/k/a Whitey, a/k/a Jim

The factual underpinning of this case is considerable. The
events span decades and the cast of characters is large but this
appeal is circumscribed in scope making only certain details
pertinent. We chart the relevant origin and travel of the case,
saving the facts related to the maintained errors for later.1
A. The Indictment
In 2001, Bulger, who was on the run ... More...
   $0 (03-07-2016 - MA)

Bulwer v. Mount Auburn Hospital

Massachusetts law prohibits employers from
discriminating against their employees on the basis of, among
other things, race or national origin. See G. L. c. 151B, § 4.
Because direct proof of such discrimination is rarely available,
employees filing claims under G. L. c. 151B, § 4, are permitted
to prove discrimination without direct evidence of
discriminatory inte... More...
   $0 (03-01-2016 - MA)

American Steel Erectors, Inc. v. Local Union No. 7

As we explained in ASE I, the structural steel industry
is comprised of steel fabricators, who manufacture steel products
to meet design specifications, and steel erectors, who assemble
the fabricated steel. When a developer or owner taps a general
contractor to lead the construction of a building, that general
contractor typically solicits bids for a combined "fab and er... More...
   $0 (02-26-2016 - MA)

Clark v. Leisure Woods Estates, Inc.

This appeal involves a series of landlord tenant disputes in the manufactured housing context. The plaintiffs, residents of Leisure Woods Estates (Leisure Woods),
a manufactured housing community in Orange, filed a complaint
alleging that the defendant, Leisure Woods Estates, Inc., which
owns, operates, and maintains Leisure Woods, failed to properly
maintain and repair the co... More...
   $0 (02-23-2016 - MA)

Stephanie C. v. Blue Cross Blue Shield of Mass

In this benefits-denial case, brought pursuant to the Employee Retirement Income Security Act of
1974 (ERISA), codified in relevant part at 29 U.S.C. §§ 1001-1461,
Stephanie C. (Stephanie), individually and on behalf of her minor
son M.G., challenges a decision of the claims administrator, Blue
Cross Blue Shield of Massachusetts HMO Blue, Inc. (BCBS), partially
denying her... More...
   $0 (02-18-2016 - MA)

Hamrick v. Glaxosmithkline, PLC

In reviewing the district court's summary judgment
determination that no rational jury could find that Hamrick's
whistleblowing activity was the cause of his termination, we
"consider[] the record and all reasonable inferences therefrom in
the light most favorable" to Hamrick. Soto-Feliciano v. Villa
Cofresí Hotels, Inc., 779 F.3d 19, 22 (1st Cir. 2015) (alteration
i... More...
   $0 (02-18-2016 - MA)

Commonwealth v. McWilliams

In this case, we address the question left open in Commonwealth v. Fortunato, 466 Mass. 500, 509 (2013): whether voluntary, unsolicited statements that are not the product of police questioning, made more than six hours after arrest, must be suppressed under the safe harbor rule established in Commonwealth v. Rosario, 422 Mass. 48, 56-57 (1996). Robert McWilliams, the defendant, was convicted o... More...   $0 (02-12-2016 - MA)

Commonwealth v. Johnson

The issue presented in this case is whether
the motion judge, applying the common-law principles of fairness
in Commonwealth v. Jones, 423 Mass. 99, 109 (1996), committed an
abuse of discretion in allowing the defendant's motion to
suppress the victim's identifications of the defendant as the
intruder he had struggled with in his home. The judge found
that, through ... More...
   $0 (02-12-2016 - MA)

Skawski v. Greenfield Investors Property Development LLC

The defendant, Greenfield Investors Property
Development LLC4 (developer), seeks to build a retail development
of not more than 135,000 square feet of commercial space in
Greenfield (project). On May 17, 2011, the planning board of
Greenfield (planning board) granted a special permit in favor of
the developer to construct the project, subject to various
conditions. ... More...
   $0 (02-11-2016 - MA)

Commonwealth v. Celester

In September, 1995, a Plymouth County jury
convicted the defendant, Jermaine Celester, of murder in the
first degree on theories of deliberate premeditation and extreme
atrocity or cruelty and of armed assault with intent to murder.
The victims, Wakime Woods and Derek Gibbs, were shot while
walking with the defendant on the night of February 18, 1994.
Woods died as ... More...
   $0 (02-10-2016 - MA)

Commodity Futures Trading Comm v. Wilson

In this commodity trading fraud case brought by the Commodity Futures Trading Commission ("CFTC"
or "Commission") against John B. Wilson and JBW Capital LLC ("JBW"), the Massachusetts federal district court granted on summary judgment the CFTC's request for a finding of liability,
and imposed injunctive relief and civil penalties. It declined to
award restitution, as measured by l... More...
   $0 (01-31-2016 - MA)

Commonwealth of Massachusetts v. David Forlizzi

The Commonwealth appeals from the judgment of a single justice of this court denying its petition for relief, pursuant to G. L. c. 211, § 3, from an interlocutory order of the Superior Court. We affirm.

In the underlying Superior Court case, the respondent, David Forlizzi, sought and obtained an order requiring the Commonwealth to disclose whether a witness cooperating against him previou... More...
   $0 (01-05-2016 - MA)

United States of America v. Martinez

In these consolidated criminal appeals, Karapet Dzhanikyan and Ronald Martinez raise a number of
challenges to their convictions, including some that concern the District Court's decision to try the two men together. For the reasons set forth below, we affirm each of the convictions except for Martinez's conviction for conspiring to use extortionate means to collect an extension of credit in... More...
   $0 (12-30-2015 - MA)

United States v. Pascual Santiago–Méndez, Luis Enrique Ruperto–Torres, Anthony Domínguez–Colón, and Víctor Gerardo Cortés–Cabán

We are presented with highly troubling instances of abuses of police power, including the disturbing practice, conducted by certain members of the Mayagüez Drugs and Narcotics Division of the Puerto Rico Police Department, of planting evidence and conducting illegal searches and seizures in violation of the Fourth Amendment. Defendants–Appellants Pascual Santiago–Méndez (“Santiago”), Antho... More...   $0 (12-30-2015 - MA)

Limoliner, Inc. v. Dattco, Inc

LimoLiner is a Massachusetts corporation that owns and
operates a fleet of luxury motor coaches that are known as
"Liners." Dattco is a Connecticut corporation that repairs and
services motor vehicles, including buses and coaches. The
undisputed facts are as follows.
On May 30, 2011, two LimoLiner employees met with two
Dattco representatives to discuss the possible... More...
   $0 (12-24-2015 - MA)

Castaneda v. Souza

Congress has long given the Attorney General discretion to decide whether to take aliens who are subject to
removal into immigration custody. Congress also has long given the Attorney General discretion to decide whether to release on
bond aliens who are in immigration custody while their removal proceedings are pending. Nearly thirty years ago, however,
Congress began enacting a... More...
   $0 (12-23-2015 - MA)

Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

In this case we consider whether an actionable conflict of interest arises under Mass. R. Prof. C. 1.7, as
appearing in 471 Mass. 1335 (2015), when attorneys in different offices of the same law firm simultaneously represent business competitors in prosecuting patents on similar inventions, without informing them or obtaining their consent to the simultaneous representation. The plaintiff, C... More...
   $0 (12-23-2015 - MA)

Anthony Bucci v. United States of America

Anthony Bucci is a convicted drug
trafficker, now incarcerated and serving a sentence of more than
eighteen years. He appeals the district court's October 29, 2013,
denial of his 28 U.S.C. § 2255 petition, which claimed ineffective
assistance of counsel by his trial counsel.1 Because the petition
does not meet the requirements that Congress set out for a second
or s... More...
   $0 (12-21-2015 - MA)

Bradley v. Sugarbaker

After experiencing shortness of breath and persistent pain in her right arm and wrist following a 2002 car accident,
Mrs. Bradley underwent magnetic resonance imaging ("MRI") in November 2004. The MRI revealed a mass at the top of Mrs.
Bradley's right lung that her physician feared was cancer. After learning the results of the MRI, Mrs. Bradley was scheduled for a positron emission tom... More...
   $0 (12-20-2015 - MA)

Jaynes, petitioner

On June 18, 2012, Charles Jaynes filed a petition pursuant to G. L. c. 210, § 12, to change his name,1
citing in support of his request his "Wiccan religious tenets." After a hearing, a judge of the Probate and Family Court denied the petition. On appeal, Jaynes argues that the judge abused her discretion and that the denial violates the free exercise clause of the First Amendment and the ... More...
   $0 (12-17-2015 - MA)

Saia v. Bay State Gas Co

The plaintiff appeals from a judgment of dismissal contending, as she did below, that a transaction involving the lease of a water heater was actually a credit sale in disguise, and, consequently, that the defendant's failure to
make certain required disclosures amounted to common-law misrepresentation and a violation of G. L. c. 93A. Guided by
Silva v. Rent-A-Center, Inc., 454 Mass. 6... More...
   $0 (12-16-2015 - MA)

Commonwealth v. Tejeda

We recite the facts in the light most favorable to the Commonwealth, reserving certain details for our
analysis of the issues raised on appeal. On January 14, 2012, the defendant and two friends, Christopher Pichardo and Stephane Etienne, met with Frederick Reynoso, who was to sell them one half pound of marijuana for $2,200. Together, they traveled in a vehicle the defendant had borrowed f... More...
   $0 (12-02-2015 - MA)

United States v. Sampson

On July 24, 2001, Phillip McCloskey, a 69-year old retiree, picked up Sampson, who was hitchhiking. Sampson murdered Mr. McCloskey with a knife and attempted to steal his automobile. On July 27, 2001, Sampson was hitchhiking again. He was picked up by Jonathan Rizzo, a college student. Sampson murdered Mr. Rizzo by tying him to a tree and stabbing him to death. Sampson then stole Mr. Rizzo'... More...   $0 (11-30-2015 - MA)

R.M. Packer Co., Inc. v. Marmik, LLC

At issue is whether R.M. Packer Co. (Packer) was properly found liable for attorney's fees and costs
under G. L. c. 21E, § 4A(f), after it unsuccessfully sought contribution from the defendants for costs to clean up an oil spill. In three circumstances, the statute requires that reasonable attorney's fees and costs be awarded against a plaintiff who has sued seeking contribution for environm... More...
   $0 (11-30-2015 - MA)

Donald Thomas Scholz v. Boston Herald, Inc.

In the mid-1970s, Donald Thomas Scholz, a musician, composer, recording engineer, and record producer,
founded the rock band "Boston." After many years playing in the band, Brad Delp, who was its lead singer, committed suicide on March 9, 2007. The Boston Herald, Inc., published three stories regarding Brad's suicide, written by columnists Gayle Fee and Laura Raposa, who relied on informati... More...
   $0 (11-25-2015 - MA)

Wilder v. United States of America

The facts surrounding Wilder's underlying conviction are
set forth in our prior opinion. Wilder, 526 F.3d at 3–5. We
summarize only the facts relevant to this appeal.
On December 1, 2009, Wilder filed a motion under 28
U.S.C. § 2255 seeking to vacate his conviction on numerous grounds.
On May 14, 2012, Judge O'Toole denied the motion, with the
exception of two cons... More...
   $0 (11-20-2015 - MA)

United States of America v. McIvery

We start by delineating the anatomy and travel of the
case. In October of 2009, a federal grand jury sitting in the
District of Massachusetts indicted defendant-appellant Jayson
Anthony McIvery on one count of conspiracy to possess cocaine base
(crack cocaine) with intent to distribute (count one) and two
specific-offense counts of possession of crack cocaine with intent ... More...
   $0 (11-21-2015 - MA)

Aquacultural Research Corp. v. Austin

The primary issue presented in this appeal is the proper application of mootness principles. In particular,
we first must decide whether a legal challenge to a permitting process for a wind turbine is mooted by a conservation
restriction precluding the construction of the wind turbine. If so, we then must decide the status of the unreviewed town committee, regional commission, and cour... More...
   $0 (11-09-2015 - MA)

In the Matter of G.P

On May 4, 2015, G.P's mother petitioned the New Bedford Division of the District Court Department (New
Bedford District Court) to have her daughter committed pursuant to § 35. The petition alleged in relevant part that G.P.'s mother had observed G.P. abusing heroin and that G.P. was using about two grams per day; that G.P. had stated that she would kill herself with heroin if she could obtai... More...
   $0 (11-05-2015 - MA)

H.P. Hood LLC v. Allianz Global Risks US Insurance Co.

The essential facts are not in dispute. The product at issue is a milk-based specialty drink
marketed by Abbott Laboratories (Abbott) under the trade name Myoplex. Myoplex is a "shelf stable" beverage, meaning that it is designed to require refrigeration only after its bottles are opened. In order to ensure that the product does not spoil before that, it must be manufactured and bottled u... More...
   $0 (11-02-2015 - MA)

 
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