Massachusetts Eminent Domain Law

United States of America, e4x rel Banigan & Templin v. PHARMERICA, INC.

<center><h2><center> Boston, MA - False Claims Act lawyer represented defendant charged with defending PharMerica, Inc of defrauded the government claim. </h2></center> "The FCA prohibits the knowing submission of false or fraudulent claims to the United States." United States ex rel. Poteet v. Bahler Med., Inc., 619 F.3d 104, 107 (1st Cir. 2010)... More...

$0 (11-23-2021 - MA)

AQUINNAH/GAY HEAD COMMUNITY ASSOCIATION, INC.; TOWN OF AQUINNAH v. COMMONWEALTH OF MASSACHUSETTS v. THE WAMPANOAG TRIBE OF GAY HEAD (AQUINNAH); THE AQUINNAH WAMPANOAG GAMING CORPORATION; THE WAMPANOAG TRIBAL COUNCIL OF GAY HEAD, INC.

<center><h2><center>Boston, MA - Indian Gaming lawyer represented defendant with seeking to halt the development of a gaming facility claim.</h2></center> We laid out much of the background to the present dispute more fully in Wampanoag I, but we recap the pertinent parts here and supplement them as necessary. A. Setting the Stage: the ... More...

$0 (08-17-2021 - MA)

United States of America v. Fulvio Flete-Garcia, a/k/a Fubio, a/ka/ Israel Pagan Torres

<center> <img width="300" src="https://www.justice.gov/sites/default/files/styles/slideshow/public/slideshows/slides/moakley_federal_courthouse.jpg?itok=In13o9q9"> </center> Having identified defendant-appellant Fulvio Flete-Garcia as the architect of a massive swindle, the government charged him with a litany of fraud-based crimes. Following four days of trial, Flete-Garcia threw... More...

$0 (05-23-2019 - MA)

Carl F. Jenkins v. Frank T. Gangi

Frank Gangi ("Gangi") appeals from the district court's December 30, 2015 order approving a sale of his assets and the assets of entities owned by him, recommended by the receiver, Carl Jenkins ("Jenkins"), whom the court appointed to sell those assets for the benefit of Gangi's creditors. Gangi, on appeal, primarily argues that the assets were sold to a fiduciary of the re... More...

$0 (10-17-2017 - 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)

STEPHANIE GRAY & others1 vs. ATTORNEY GENERAL & another

The common core standards were developed in 2009 as part of a State-led initiative that included governors and commissioners of education from forty-eight States, two territories, and the District of Columbia working as members of the National Governors Association Center for Best Practices and the Council of Chief State School Officers. The purpose of the initiative... More...

$0 (07-05-2016 - 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)

COMMONWEALTH OF MASSACHUSETTS vs. FELIX GUERRERO-AYBAR

On September, 22, 2006, Detectives Moynihan and Mejia of the Lawrence police department's street narcotics enforcement unit were conducting surveillance in the Park Street area of Lawrence, a residential area with high crime, including significant illegal drug activity. The detectives observed the defendant drive past a bicyclist known to the detectives as a heroin ... More...

$0 (01-21-2016 - 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, Â§Â§ 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. Â... More...

$0 (04-15-2015 - 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)

Dagoberto Sanchez v. Gary Roden, Superintendent

The Fourteenth Amendment's Equal Protection Clause guarantees that no citizen will be excluded from jury service solely on account of his or her race. This logical proposition, bordering on the obvious, was enshrined as a matter of clearly established constitutional law in Batson v. Kentucky, 476 U.S. 79 (1986). Indeed, "[t]he Constitution forbids striking [from the jury] even a single prospective... More...

$0 (05-28-2014 - MA)

Donald A. Harney v. Sony Pictures Television, Inc.

On a sunny April day in 2007, freelancer Donald Harney snapped a photograph ("the Photo") of a blond girl in a pink coat riding piggyback on her father's shoulders as they emerged from a Palm Sunday service in the Beacon Hill section of Boston. Just over a year later, the pair in the Photo became a national media sensation. The father, soon-to-be revealed as a German citizen who had assumed the n... More...

$0 (01-07-2013 - MA)

Stacey Hightower v. City of Boston

This case presents an as-applied and a purported facial attack on the Massachusetts statutory and administrative scheme for revoking licenses for the carrying of firearms. The district court entered summary judgment dismissing the claims. Hightower v. City of Boston, 822 F. Supp. 2d 38, 65-66 (D. Mass. 2011). Stacey Hightower is a former Boston Police officer who, during many of he... More...

$0 (09-09-2012 - MA)

275 Washington Street Corp. v. Hudson River International, LLC

The defendants, Hudson River International, LLC (tenant) and Laboratorio Lucas Nicolas S.L. (guarantor), appeal from a Superior Court judgment ordering the payment of damages to the plaintiff, 275 Washington Street Corp., as trustee of the Washington Street Realty Trust II (landlord), for breach of a commercial lease (lease). [FN4] The tenant concedes that it likely will owe damages for abandoning... More...

$0 (03-09-2012 - MA)

Sony BMG Music Entertainment v. Joel Tenenbaum

Plaintiffs, the recording companies Sony BMG Music Entertainment, Warner Brothers Records Inc., Arista Records LLC, Atlantic Recording Corporation, and UMG Recordings, Inc. (together, "Sony"), brought this action for statutory damages and injunctive relief under the Copyright Act, 17 U.S.C. Â§ 101 et seq. Sony argued that the defendant, Joel Tenenbaum, willfully infringed the copyrights of thirt... More...

$0 (09-16-2011 - MA)

Voice of the Arab World, Inc., v. MDTV Medical News Now, Inc.

In this appeal, plaintiff-appellant Voice of the Arab World, Inc. ("VOAW") challenges the district court's interlocutory order granting defendant-appellee MDTV Medical News Now, Inc.'s ("Medical News Now") motion to preliminarily enjoin VOAW from the use, sale, or promotion of the mark "MDTV," or formative versions of that mark on the Internet, in connection with medical-related informational or e... More...

$0 (05-27-2011 - MA)

Ariad Pharmaceuticals, Inc. v. Eli Lilly and Company

Ariad Pharmaceuticals, Inc., Massachusetts Institute of Technology, the Whitehead Institute for Biomedical Research, and the President and Fellows of Harvard College (collectively, "Ariadâ€) brought suit against Eli Lilly & Company ("Lillyâ€) in the United States District Court for the District of Massachusetts, alleging infringement of U.S. Patent 6,410,516 ("the '516 patentâ€). Af... More...

$0 (03-22-2010 - MA)

United States, ex rel. Mark Eugene Duxbury and Dean McClellan v. Ortho Biotech Products, L.P.

This appeal concerns the qui tam provisions of the False Claims Act (the "FCA"), 31 U.S.C. Â§ 3730, which allow whistleblowers (called "relators") to bring certain fraud claims on behalf of the United States. Footnote The relators in this case, the plaintiffs-appellants Mark Duxbury and Dean McClellan (together, the "Relators"), alleged that defendant-appellee Ortho Biotech Products, L.P. ("OBP... More...

$0 (08-13-2009 - MA)

Recreational Amusements of Massachusetts, Inc. v. Massachusetts Turnpike Authority & another

In 1986, the appellant, Recreational Amusements of Massachusetts, Inc. (RA), began operating an amusement park on about thirty-four acres of land (the land) in Millbury. That use continued until 1995, when the Massachusetts Turnpike Authority (authority) took the parcel by eminent domain for the construction of a highway interchange. In connection with that taking, the authority hired Calvin Hasti... More...

$0 (07-16-2009 - MA)

Wendy's Old Fashion Hamburgers of New York, Inc. v. Board of Appeal of Billerica & another

The board of appeal of Billerica (board) appeals from a judgment of the Superior Court ordering the board to modify a special permit and variance it previously had granted to Wendy's Old Fashioned Hamburgers of New York, Inc. (Wendy's). The original special permit and variance provided that there be only one entrance-exit (hereinafter entrance) to the Wendy's site, and that a green strip be built ... More...

$0 (07-24-2009 - MA)

Samantha J. Comfort, etc., et al. v. Lynn School Committee, et al.

We are called upon today to revisit a case that we thought had gone to its eternal rest. The tale follows. Nearly six years ago the district court entered judgment for the defendants in a civil action seeking to strike down, on constitutional grounds, a school transfer/student assignment policy (the Policy) that explicitly considers race as a determining factor in student placement... More...

$0 (03-19-2009 - MA)

Daniel A. Batterman v. William J. Leahy; Patricia A. Wynn; Margaret T. Winchester; and William E. Shay

Daniel A. Batterman, a Boston attorney, brought suit in federal district court against several individuals associated with the Committee for Public Counsel Services ("CPCS"). The district court stayed proceedings, insisting that Batterman resolve his claims, or at least his leading claim, in state court. Batterman now appeals. The background events are as follows. Batterman, a sole... More...

$0 (10-15-2008 - MA)

Robin K. Matsuyama v. Neil S. Birnbaum & another

We are asked to determine whether Massachusetts law permits recovery for a "loss of chance" in a medical malpractice wrongful death action, where a jury found that the defendant physician's negligence deprived the plaintiff's decedent of a less than even chance of surviving cancer. We answer in the affirmative. [FN3] As we later explain more fully, the loss of chance doctrine views a person's pros... More...

$0 (08-03-2008 - MA)

Arthur L. Clark, et al. v. Lynne Boscher, et al.

Appellants Arthur L. and Rita M. Clark, the trustees of the several Clark family trusts, Theodore Pérez, and Golden Acres Development Corporation (collectively, "Appellants") brought suit against the former mayor of the City of Westfield and various former city council members and commissioners (collectively, "Westfield") for obstructing the development of a residential subdivision on their land.... More...

$0 (02-01-2008 - MA)

Barbara Deighton Haupt v. Town of Wareham

Barbara Haupt sued the Town of Wareham on an eminent domain wrongful taking theory claiming that Defendant failed to adequately compensate her for the loss that she sustained when Defendant took 5.35 acrest she owned on Swifts Beach Road. Defendant offered her $455,000 for the property that it wanted to turn into a public beach. She claimed it was worth $3.1. The sole question for the jury to... More...

$1550000 (04-19-2007 - MA)

Cheshire v. David L. and Karen A. Krutiak

The Town of Cheshire, Massachusetts brought a condemnation (eminent domain) action against David and Karn Krutiak to acquire 10-acres of their land plus other rights, title and interest in the remainder of the couple's land to drill and maintain a water well for the benefit of the community. Before the taking, the Krutiaks mined gravel on their 20-acre parcel and had intended to construct a sub... More...

$555000 (07-02-2004 - MA)

<a href="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-1430.01A" target="_new">Edward E. Lombard, et al. v. United States of America</a>

In the early 1960s, the United States acquired for a modest sum an 8.6 acre plot of land in Wellfleet, Massachusetts, as part of the creation of the Cape Cod National Seashore. Remote descendants of a man who owned the property until his death in 1873 now seek to overturn a 1964 state court judgment clearing title in favor of the United States' predecessor in interest. The federal district cour... More...

$0 (01-28-2004 - MA)

<A href="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=02-2340.01" target="_new">United States v. John J. Connolly, Jr.</a>

John J. Connolly, Jr., the defendant in a highly publicized criminal trial, applied under the Criminal Justice Act (CJA), 18 U.S.C. § 3006A (2000), for government funding for a portion of his attorneys' fees and legal expenses. Connolly had informed the court that he was already in debt to the counsel he had previously retained, and could no longer afford to pay his legal bills. He submitted fina... More...

$0 (02-25-2003 - MA)

<a href="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=01-1197.01A" target="_new">Jay D. Sallen d/b/a J.D.S. Enterprises v. Corinthians Licenciamentos, LTDA, et al.</a>

This case raises important issues about the relationship between the Anticybersquatting Consumer Protection Act ("ACPA") and the World Intellectual Property Organization ("WIPO") dispute resolution procedures under the Uniform Domain Name Dispute Resolution Policy ("UDRP"). This is a dispute between Jay D. Sallen, a resident of Brookline, Massachusetts, and Corinthians Licenciamentos LTDA ("CL"), ... More...

$0 (12-05-2001 - MA)

<a href="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=00-2340.01A" target="_new">Save Our Heritage, Inc. v. Federal Aviation Administration</a>

The Federal Aviation Administration ("FAA") authorized Shuttle America Airlines ("Shuttle America") to provide scheduled passenger service to New York's LaGuardia Airport ("LaGuardia") from Hanscom Field ("Hanscom"), a general aviation airport that lies 15 miles northwest of Boston abutting the towns of Bedford, Concord, Lexington, and Lincoln. The petitioners--two preservationist organizations, t... More...

$0 (10-23-2001 - MA)

<a href="http://www.socialaw.com/appslip/98p1246.html" target="_new">HTA Limited Partnership v. Massachusetts Turnpike Authority</a>

Prompted by the necessity of reducing the number of single occupant vehicles, with the complementary objective of encouraging the use of multiple occupancy vehicles on the Massachusetts Turnpike (turnpike) to satisfy certain requirements of the Federal Clean Air Act and the State implementation plan, the Massachusetts Turnpike Authority (authority) conducted numerous studies in 1993 and 1994. One ... More...

$0 (05-03-2001 - MA)

<a href="http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=00-1641.01A">Northern Light Technology, Inc. v. Northern Lights Club, et al.</a>

This case involves a dispute over the simultaneous use of two similar Internet domain names by two separate entities. Defendants-appellants Northern Lights Club, Jeff Burgar and 641271 Alberta Ltd. (collectively "Northern Lights" or "defendants") appeal a preliminary injunction entered by the district court requiring the posting of a specified disclaimer on their World Wide Web site's portal page.... More...

$0 (01-08-2001 - MA)

<a href="http://www.hasbro.com">Hasbro, Inc. v. <a href="http://www.clue.com">Clue Computing, Inc.</a>

Trademark Infringement Claim - 15 U.S.C. 1125 - Hasbro brought suit against Clue Computing, Inc. claiming that its registration of Internet domain www.clue.com infringed Hasbro's trademark in the board game "Clue."... More...

$0 (11-07-2000 - MA)

CCBN.Com, Inc. v. C-Call.com, Inc.

Internet domain name and service mark dispute relating to the names associated with competing companies that provide on-line stock market information and financial services to investment professionals. Plaintiff, which uses the service mark <a href="http://www.streetevents.com">StreetEvents.Com</a>, sought a preliminary injunction against defendant, which used <a href="http://www.streetfusion.com... More...

$0 (11-18-1999 - MA)