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In this appeal, we are asked to
revisit a case in which the plaintiff fought tooth and nail in the
Massachusetts state courts and lost. Displeased by the result of
the state-court proceedings, she repaired to the federal district
court and sought to have that court address essentially the same
grievances. The district court rejected her importunings, and the
plaintiff now a... More...    $0 (10-19-2018 - MA)

Boston, MA - Norwood Man Sentenced to 22 Years in Federal Prison for Heroin Trafficking

Defendant shot at the front door when officers arrived at his home

A Norwood man was sentenced on September 12, 2018 in federal court in Boston for distributing heroin in the Taunton area.

Oristel Soto-Peguero, 25, was sentenced by U.S. District Court Judge Rya W. Zobel to 22 years in... More...    $0 (09-12-2018 - MA)

Boston, MA - Boston Man Sentenced for Distributing Drugs in and Around Public Housing Development

An identified Boston gang member was sentenced on September in federal court in Boston for distributing drugs in and around the Mildred C. Hailey Apartments in Jamaica Plain.

Joe Simmons, a/k/a “Profit,” 30, was sentenced by U.S. District Court Judge Denise J. Casper to seven years i... More...    $0 (09-12-2018 - MA)

Jane Doe's insurer, Harvard
Pilgrim Health Care ("HPHC"), deemed part of the time Doe spent at
a mental health residential treatment facility not medically
necessary under the health care benefits plan established by the
employer of Doe's parent. HPHC therefore denied coverage for that
portion of the treatment. After several unsuccessful
administrative appeals, Doe sued HPH... More...    $0 (09-13-2018 - MA)

This case implicates a plethora
of issues arising in the shadow of the First Amendment. Most
notably, it requires us to address the power of a court to impose
a prior restraint in the form of a permanent injunction forbidding
the publication of words — words that the court believes have been
used to defame the plaintiff in the past and are likely to be
repeated. The... More...    $0 (07-15-2018 - MA)

In October 2012, John Doe
("Doe") was accused of sexually assaulting a fellow Boston College
student during an off-campus school event sponsored by a student
organization. Pursuant to its written policies and procedures on
sexual assault, outlined in its 2012-2013 Student Guide (the
"Student Guide"), and Conduct Board Procedure, Boston College held
disciplinary proceedings ... More...    $0 (06-08-2018 - MA)

Mats and Maria Samuelsson
appeal from the dismissal of their action in the nature of a
petition for declaratory judgment, by which they sought, among
other things, an injunction against a foreclosure sale of their
house. We affirm.
According to their allegations, appellants entered into
a loan refinancing arrangement in May 2006. They signed a $560,000
promissory note p... More...    $0 (04-01-2018 - MA)

This is an appeal from entry of
summary judgment in favor of the Town of Hull in a civil rights
action brought by a Hull police officer. Scott Saunders, a decadelong
veteran of the Town of Hull Police Department, was passed
over for a promotion in November 2014. He alleges that the Town
of Hull and its then Police Chief, Richard Billings, intentionally
let his application l... More...    $0 (10-31-2017 - MA)

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)

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)

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)

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)

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)

In this case, the question presented is
whether settlement agreements between a public school and the
parents of a public school student who requires special
education services are "public records" or exempt from
disclosure. We conclude that the settlement agreements,
regarding placement of students in out-of-district private
educational institutions, are exempt from... More...    $0 (10-23-2015 - MA)

According to the application for the first
complaint, on July 29, 2004, Yarmouth police officer Sean Brewer
was dispatched to the home of Robin Edwards. Edwards reported
that she had an active restraining order against the defendant,
who is her former boy friend and the father of her son. The
restraining order in question, which included a no-contact
provision, had... More...    $0 (10-03-2015 - MA)

This appeal arises from a dispute between an insurer and its insured, based on a denial of coverage for water
damage, and largely concerns the question whether the insured's mere request for a reference for arbitration pursuant to G. L. c. 175, § 99, Twelfth, as appearing in St. 1951, c. 478, § 1, operates to toll the statute of limitations period contained in § 99 and incorporated by the i... More...    $0 (09-20-2015 - MA)

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)

This appeal challenges a
preliminary injunction meant to enforce a contractual agreement
and prohibit a trademark violation. We affirm in part and reverse
in part.
I.
Plaintiff-Appellee Arborjet, Inc. manufactures and sells
TREE-age, an emamectin benzoate solution used to protect trees
from various pests. Through the period from August 2008 to
February 2013, Arborje... More...    $0 (07-17-2015 - MA)

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)

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)

New York, NY - Preet Bharara, the United States Attorney for the Southern District of New York, announced that MICHAEL LEVITIS, the owner of MISSION SETTLEMENT AGENCY (“MISSIONâ€�), was sentenced in Manhattan federal court to 108 months in prison in connection with a multimillion-dollar scheme that victimized more than 1,200 financially struggling people across the country. MISSION was also sent... More...    $0 (11-19-2014 - MA)

Jeffrey Healey and Edward
Given reside in the Massachusetts Treatment Center in Bridgewater,
Massachusetts (the Treatment Center or Center). Each has been
civilly committed as a sexually dangerous person (SDP). In
separate suits, Healey and Given challenged the adequacy of sex
offender treatment provided by the Center as well as the conditions
of their confinement. They sou... More...    $0 (09-03-2014 - MA)

Plaintiffs Albert and Regina Davidson are guardians of 70-year-old Marilyn Davidson (whom we refer to as "Marilyn"), who is in state care. They appeal from the district court's denial of a preliminary injunction in an action purported to be brought under the federal Medicaid Act and various implementing regulations. Davidson v. Howe, No. 1:13-cv-12634-WGY (D. Mass. Oct. 29, 2013). Plaintiffs sough... More...    $0 (04-16-2014 - MA)

There is, by now, a significant body of commentary on the housing market's most recent boom and bust. Little could we add about the development, proliferation, and ultimate collapse of the mortgage-backed securities market that has not already been said. Writing against that background, we recite here only the most relevant aspects of the market's recent instability. At its height, the boom was fa... More...    $0 (10-09-2013 - MA)

Businesses commonly try to protect their good will by asking key employees to sign agreements that prohibit them from soliciting existing customers for a reasonable period of time after joining a rival firm. When a valid non-solicitation covenant is in place and an employee departs for greener pastures, the employer ordinarily has the right to enforce the covenant according to its tenor. That rig... More...    $0 (09-24-2013 - MA)

Under Section 10.2 of the bylaws of the defendants, PIMCO Income Strategy Fund and PIMCO Income Strategy Fund II (collectively, "Funds" or "defendants"), "regular meetings of the Shareholders for the election of Trustees ... shall be held, so long as Common Shares are listed for trading on the New York Stock Exchange, on at least an annual basis." The issue on appeal is the meaning of "on at least... More...    $0 (09-13-2013 - MA)

Plaintiffs Elizabeth Manning, Lisa Rivers, Rhonda Williams, and Reva McCarthy bring this wage-and-hour action against defendants Boston Medical Center Corporation ("BMC"), Elaine Ullian, and James Canavan. Current and former BMC employees, plaintiffs allege that defendants deprived them of their wages through the use of timekeeping policies and employment practices that required them to work thro... More...    $0 (08-01-2013 - MA)

Pro se plaintiff-appellants Jeffrey H. Redfern and Anant N. Pradhan filed an action in the district court challenging the constitutionality of the Transportation Security Administration's (TSA) use of Advanced Imaging Technology (AIT) body scanners and enhanced pat-downs as primary methods of passenger screening at U.S. airports. The district court dismissed appellants' claims for declaratory and ... More...    $0 (07-11-2013 - MA)

Plaintiff Evergreen Partnering Group, Inc. ("Evergreen") appeals from a judgment of the United States District Court for the District of Massachusetts dismissing its Second Amended Complaint ("complaint"). The complaint alleges that defendants-appellees, polystyrene food service packaging manufacturers and two trade associations, refused in concert to deal with Evergreen in a recycling business m... More...    $0 (06-19-2013 - MA)

In May 2007, three days before plaintiff Elaine Joyce ("Joyce") expected to play golf with her father in a tournament at a town course in Dennis, Massachusetts, Joyce's father was told he would have to find another partner because women were not allowed in that "men's" tournament. The Town Administrator declined to reverse the course officials' decision, and Joyce subsequently brought federal and... More...    $0 (06-17-2013 - MA)

In an attempt to avert the foreclosure of her home, plaintiff Susan Young sought to modify the terms of her mortgage pursuant to the Home Affordable Modification Program ("HAMP"), a federal initiative that incentivizes lenders and loan servicers to offer loan modifications to eligible homeowners. When Young's efforts did not result in a permanent loan modification, she sued defendants Wells Fargo... More...    $0 (05-21-2013 - MA)

This is an expedited appeal from the grant of a preliminary injunction barring defendants Biolitec AG ("BAG"), Biolitec, Inc. ("BI"), Biomed Technology Holdings, Ltd., and Wolfgang Neuberger from completing a merger between the German-based BAG and its Austrian subsidiary, and from the denial of defendants' motion for reconsideration. BI, which is a U.S.-based BAG subsidiary, sold medical equipme... More...    $0 (04-01-2013 - MA)

This appeal arises from a workplace discrimination suit filed by Plaintiff-Appellee Kamal Aly ("Aly" or "Appellee") against Defendant-Appellant Mohegan Council, Boy Scouts of America ("Mohegan Council" or "Appellant"), in which Appellee alleged that he was denied career advancement opportunities on account of his religion (Islam) and national origin (Egyptian-American). Following trial, the jury ... More...    $0 (03-25-2013 - MA)