Massachusetts Injunction Law

L.M. v. Town of Middleborough, Massachusetts et al.

Boston, Massachusetts civil litigation lawyers represented the parties in a First Amendment Constitutional law case. <a href="https://www.oyez.org/cases/1968/21" target="_new">Tinker v. Des Moines Independent Community School District</a>, 393 U.S. 503 (1969), famously upheld the First Amendment right of public-school students to wear black armbands at school in protest of the country's i... More...

$0 (05-27-2025 - MA)

Union of Concerned Scientists v. Environmental Protection Agency

<center><h3><h2> Boston, MA - Federal Advisory Committee Act lawyer represented Plaintiffs, Appellants with arguing that a directive issued by the EPA that prohibits EPA grant recipients -- who are mostly employed by universities and other nonprofit institutions -- from sitting on the EPA's twenty-two scientific advisory committees. </h3></center>... More...

$0 (01-22-2022 - MA)

CVS Pharmacy, Inc. v. Lavin

<center><h2><center> Boston, MA - Employment lawyer represented defendant with Restrictive Covenant Agreement case. </h2></center> CVS operates CVS Caremark, one of the country's largest pharmacy benefit managers ("PBMs"). PBMs sell prescriptionmanagement services to entities providing prescription-drug coverage to their members. These entities ... More...

$0 (11-23-2021 - MA)

United States of America v. LETTER FROM ALEXANDER HAMILTON TO THE MARQUIS DE LAFAYETTE DATED JULY 21, 1780, and ALDRICH L. BOSS, as personal representative for the estate of STEWART R. CRANE and COMMONWEALTH OF MASSACHUSETTS, Acting by and through The Massachusetts Archive

<center><h2><center> Boston, MA - Civil Forfeiture lawyer represented defendant with a civil forfeiture action. </h2></center> This civil forfeiture action begins â€” and ends â€” with the provenance of the property that lies at its center. That provenance is (unless otherwise indicated) uncontroverted. Upon learning that British tro... More...

$0 (10-15-2021 - MA)

IN RE: AIRES DA GRACA; CONROY LEWIS; CYRIL OKOLI; DARLIN ALBERTO GUILLERMO; DIMITAR DASKALOV; EDSON MARTINS; EMMANUEL LOPEZ; FLAVIO PRADO JUNIOR; FRED KAYITARE; GABRIEL DE LA PAZ; JOAO AMADO; KEITH WILLIAMS v. STEVEN J. SOUZA, in his official capacity as Superintendent of the Bristol County House of Correction

<center><h2><center> Boston, MA - Criminal defense lawyer represented defendants with Claiming that the district court erred in denying their bail applications despite the ongoing COVID-19 pandemic, the detainees petition for a writ of mandamus.</h2></center> Petitioners are class members in a habeas class action filed against ICE and certain governme... More...

$0 (08-20-2021 - 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)

Scott Breiding v. Eversource Energy

<center> <img width="300" src="https://www.ca1.uscourts.gov/sites/ca1/files/courthouse.jpg"> </center> Eversource Energy and Avangrid, Inc. ("the defendants") are two large energy companies that purchase natural gas directly from producers and then resell that gas to retail natural gas consumers throughout New England. In order to transport the natural gas that the... More...

$0 (09-23-2019 - MA)

Harry DePrins v. Michael J. Michaeles

<center> <h1> <a href="https://www.morelaw.com/lawyers/recent.asp" target="_new">MoreLaw Helps People Find Lawyers</a> </h1> </center> Worcester, MA - Harry DePrins sued Michael J. Michaeles, personal representative of the Estate of Donald Belanger; trustee of the Donald Belanger irre... More...

$1 (09-27-2018 - MA)

Jeanne M. Klimowiczv. Deutsche Bank National Trust Company

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)

United States of America v. Oristel Soto-Peguero

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)

United States of America v. Joe Simmons a/k/a "Profit"

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 yea... More...

$0 (09-12-2018 - MA)

Jane Doe v. Harvard Pilgrim Health Care, Inc.

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)

HAYAT SINDI v. SAMIA EL-MOSLIMANY and ANN EL-MOSLIMANY <table> <td>

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. T... More...

$0 (07-15-2018 - MA)

Jone Doe v. Trustees of Boston College, Paul J. Chebator, Carole Hughes, Catherine-Mary Rivera, Patrick J. Keating and Barbara Jones

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 A. Samuelsson and Maria A. Samuelsson v. HSBC Bank USA, N.A.

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)

Scott Saunders v. Town of Hull

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)

Paulo Rezende v. Ocwen Loan Servicing, LLC; US Bank, N.A.

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)

Jeannette Buntin v. City of Boston

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, ... More...

$0 (05-15-2017 - MA)

ZVI CONSTRUCTION COMPANY, LLC vs. FRANKLIN LEVY & another

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)

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)

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)

Champa v. Weston Public Schools

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)

Commonwealth v. Henry

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)

Hawley v. Preferred Mutual Insurance Co

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 th... More...

$0 (09-20-2015 - 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)

Arborjet, Inc. v. Rainbow Treecare Scientific Advancements, Inc.

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)

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)

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)

United States of America v. Michael Levitis

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 se... More...

$0 (11-19-2014 - MA)

Jeffrey M. Healey v. Louis S. Spencer

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)

Eleanor McCullen v. Coakley, Attorney General of Massachusetts

Massachusetts amended its Reproductive Health Care Facilities Act, which had been enacted in 2000 to address clashes between abortion opponents and advocates of abortion rights outside clinicswhere abortions were performed. The amended version of the Act makes it a crime to knowingly stand on a "public way or sidewalkâ€ within 35 feet of an entrance or driveway to any "reproductive health car... More...

$0 (06-26-2014 - MA)

Albert Davidson v. Elin Howe

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)

R. Susan Woods v. Wells Fargo Bank, N.A.

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)

Corporate Technologies, Inc. v. Brian Harnett

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)

Brigade Leveraged Capital Structured Fund, Ltd. v. Income Strategy Fund

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)

Elizabeth Manning v. Boston Medical Center

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)

Jeffrey H. Refern v. Janet Napolitano

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)

Evergreen Partnering Group, Inc. v. Pactiv Corporation

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)

Elaine Joyce v. Town of Dennis

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)

Susan K. Young v. Wells Fargo Bank

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)