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Judge, District Court, D. Massachusetts · Born 1944 · Los Angeles, CA
AMERICAN CIVIL LIBERTIES UNION OF MA. v. Sebelius
District Court, D. Massachusetts · 2012-03-23 · cited 2×
The case involved the ACLU of Massachusetts challenging HHS officials for awarding a contract under the Trafficking Victims Protection Act to the USCCB to administer services for trafficking victims, where the contract incorporated the organization's religious restriction barring subcontractors from providing or referring for abortion services or contraceptives. The court granted summary judgment to the plaintiff on cross-motions, holding that the arrangement violated the Establishment Clause of the First Amendment. The core reasoning centered on the government's impermissible delegation of authority to a religious institution to impose its beliefs on the use of taxpayer-funded services, which conveyed an endorsement of religion rather than a neutral administration of federal benefits.
religious libertycivil rights
United States v. Puccio
District Court, D. Massachusetts · 2011-09-23 · cited 1×
The case involved the government's efforts to enforce an IRS summons issued to respondent Anthony S. Puccio under 26 U.S.C. § 7602, seeking financial information, after the court had twice ordered compliance. The government moved for a contempt order when Puccio failed to provide the requested documents, while Puccio sought to quash the orders, requested documentary evidence from the IRS, and argued that 26 U.S.C. § 7491 shifted the burden of proof to the government. The court granted the motion for contempt, finding that the prior orders were clear and unambiguous, that Puccio had not demonstrated diligent efforts at compliance or met the requirements for § 7491 to apply, and that his request for evidence was irrelevant to the contempt issue. The court also addressed Fifth Amendment claims but determined they did not excuse non-compliance in this civil context.
taxesprocedure
Joint Stock Co. v. Baldiga (In Re Cyphermint, Inc.)
District Court, D. Massachusetts · 2011-08-10 · cited 1×
In this bankruptcy appeal, Russian corporations SPIC and Tavrichesky challenged the Bankruptcy Court's denial of their motions to dismiss adversary proceedings brought by the trustee of debtor Cyphermint. The proceedings alleged that wire transfers and UCC financing statements from Cyphermint to the defendants constituted preferential or fraudulent transfers under the Bankruptcy Code. The district court reviewed the record and affirmed, holding that the defendants had sufficient minimum contacts with the United States through their loans, control over the debtor, and related activities to support personal jurisdiction under the Fifth Amendment's Due Process Clause and Bankruptcy Rule 7004(f). The court noted that service and subject matter jurisdiction were undisputed, and the defendants had not shown an adequate alternative forum.
business & regulatoryprocedure
LeBeau v. Roden
District Court, D. Massachusetts · 2011-08-09 · cited 2×
In LeBeau v. Roden, the petitioner challenged his 2004 Massachusetts convictions for first-degree murder and larceny through a federal habeas corpus petition under 28 U.S.C. § 2254, raising claims that his confession should have been suppressed, that evidence was obtained in violation of the Fourth Amendment, that trial counsel was ineffective, that irrelevant and prejudicial evidence was admitted, and that the state appellate court should have reduced the verdict. The district court adopted the magistrate judge's report and recommendation, dismissing the petition with prejudice. The court reasoned that the state courts' rulings on these issues were not contrary to or an unreasonable application of clearly established Supreme Court precedent, including standards for voluntariness of confessions and ineffective assistance of counsel. The underlying facts involved the bludgeoning death of a victim whose winnings were taken, with the petitioner having been present at a bar where the victim had been earlier that day.
criminal lawprocedure
Harrelson v. Seung Heun Lee
District Court, D. Massachusetts · 2011-07-21 · cited 5×
This case involves plaintiff Jessica Harrelson’s civil claims against defendant Seung Heun Lee, the founder of Dahn Yoga, alleging that she was recruited and indoctrinated through Massachusetts centers, pressured to drop out of college and move to Korea, and then raped by Lee while working under his direction. The defendant moved to dismiss for lack of personal jurisdiction. The court denied the motion, holding that specific jurisdiction existed in Massachusetts because the plaintiff’s recruitment, training, and grooming by Lee’s agents in the state were sufficiently related to her subsequent exploitation and assault in Korea. The decision rested on principles of agency liability and the defendant’s purposeful contacts with the forum through affiliated Dahn centers and disciples.
proceduretorts & liability
Matos v. Astrue
District Court, D. Massachusetts · 2011-07-07 · cited 2×
Cesar Matos appealed the Social Security Administration's denial of Disability Insurance Benefits and Supplemental Security Income, arguing that the ALJ wrongly found his depression non-severe, discredited his subjective pain complaints, and concluded he retained the residual functional capacity for light work available in the national economy. The district court reviewed the administrative record under 42 U.S.C. § 405(g) to determine whether substantial evidence supported the ALJ's application of the five-step sequential evaluation process, including medical findings on Matos's rotator cuff tear, diabetes, hypertension, lipoma, and related treatments. The court considered factors for assessing credibility of pain allegations and the availability of jobs consistent with any non-exertional limitations.
healthcarefederal power
United States v. Delaney
District Court, D. Massachusetts · 2011-07-05 · cited 2×
The case involved defendant Stephen Delaney's convictions after trial for felony false labeling of fish under the Lacey Act and a related misdemeanor under the FDCA, based on mislabeling pollock fillets. Delaney moved for judgment of acquittal, arguing that the fish did not qualify as 'wild' under the statute because they had been raised entirely in captivity and that the felony provision required proof that his own conduct involved sales or purchases of fish exceeding $350 in value. The court denied the motion, holding that the statutory definition of 'wild' encompasses undomesticated species like pollock irrespective of captivity and that the felony threshold turns on the market value of the mislabeled fish rather than the defendant's direct sales activity. The court further noted that the jury instructions and evidence supported the verdict under the proper interpretation of the interstate commerce and value elements.
criminal lawenvironment
Zeghibe v. Conocophillips Co.
District Court, D. Massachusetts · 2011-06-21 · cited 1×
In this admiralty case, former tanker captain Kenneth Zeghibe sued his employer ConocoPhillips for emotional distress and related injuries allegedly stemming from work stress and marital breakdown, asserting claims under the Jones Act, unseaworthiness, and maintenance and cure. The court considered the defendant's motion for summary judgment, which argued that the claims were time-barred, the Jones Act did not apply, maritime tort jurisdiction was absent, and medical causation was lacking. Applying the summary judgment standard, the court analyzed the three-year maritime statute of limitations via laches principles, the plaintiff's seaman status, the location and connection tests for admiralty jurisdiction, and the evidentiary record on causation. It concluded that the claims failed on multiple independent grounds, including untimeliness, lack of Jones Act coverage because the plaintiff was not a seaman during the relevant period, and failure to satisfy maritime tort jurisdiction requirements. The court therefore granted summary judgment to the defendant and dismissed the suit.
labor & employmenttorts & liabilityprocedure
Kelly v. DEUTSCHE BANK NAT. TRUST CO.
District Court, D. Massachusetts · 2011-06-09 · cited 12×
In Kelly v. Deutsche Bank National Trust Co., plaintiff John A. Kelly filed suit to prevent foreclosure on his Massachusetts home, claiming a right to rescind his 2005 mortgage refinance under the Massachusetts Consumer Credit Cost Disclosure Act due to the lender's alleged failure to provide required notices, and further alleging that Deutsche Bank lacked authority to foreclose as it was neither the holder of the promissory note nor a valid assignee under the relevant pooling and servicing agreement. The U.S. District Court for the District of Massachusetts granted Deutsche Bank's motion to dismiss the complaint. The court reasoned that any rescission right had expired under the four-year limitations period and that recoupment could not support affirmative relief outside a defensive context, while the plaintiff lacked standing to challenge the assignment as he was not a party to the pooling agreement.
propertyprocedurebusiness & regulatory
Espinal v. NATIONAL GRID NE HOLDINGS 2, LLC
District Court, D. Massachusetts · 2011-05-13 · cited 7×
The case involves Juan Espinal, a meter service technician employed by National Grid and Keyspan, who alleged racial discrimination, hostile work environment, and retaliation under state and federal law after receiving discipline for missed on-call pages in 2004 and 2005, filing a union complaint and MCAD charge in 2005-2006, and then facing coworker harassment including slurs and vandalism of his company vehicle. Defendants moved for summary judgment, contending that Espinal could not establish a prima facie case of discrimination or show that the discipline was pretextual, and that they adequately responded to the reported harassment. The court reviewed the timeline of events, including the company's investigation that ultimately disciplined another employee for a missed page and meetings to enforce anti-harassment policies, while noting Espinal's refusal to identify harassers and the lack of further reports after 2006. It also addressed the burden-shifting framework for disparate treatment claims and the sufficiency of employer responses like verbal warnings and investigations.
labor & employmentcivil rights
Surprenant v. Massachusetts Turnpike Authority
District Court, D. Massachusetts · 2011-05-09 · cited 3×
In this case, a Rhode Island resident sued the Massachusetts Turnpike Authority and Massachusetts Port Authority over discounted toll programs for local residents on certain bridges and tunnels, claiming the discounts violated the Dormant Commerce Clause by discriminating against out-of-state travelers. After the Massachusetts Legislature created MassDOT as successor to the original defendants, MassDOT moved for judgment on the pleadings, asserting Eleventh Amendment immunity as an arm of the state. The court granted the motion and dismissed the suit, holding that the Eleventh Amendment bars federal jurisdiction over such claims by out-of-state citizens against the state absent consent, and that neither the transfer of liabilities nor statutory language preserved the plaintiff's right to proceed. The decision followed prior dismissal of a related Privileges and Immunities claim and limited discovery on the commerce clause issues.
federal powerprocedure
Mbo Laboratories, Inc. v. Becton, Dickinson & Co.
District Court, D. Massachusetts · 2011-05-06 · cited 3×
This case involves a patent infringement dispute where MBO Laboratories claimed that Becton Dickinson's SafetyGlide syringe infringed certain claims of its RE '885 patent, which covers a safety mechanism to prevent needle-stick injuries by sheathing the needle with a guard and blocking flange. The court granted Becton's motion for summary judgment of non-infringement on claims 13, 19, and 20. The decision followed prior Federal Circuit rulings on claim construction, finding that the SafetyGlide device's design, where the guard moves over a fixed needle rather than the needle retracting into the guard, did not meet the patent's requirements for the needle sliding relative to the guard or the flange positioning, either literally or under the doctrine of equivalents.
business & regulatoryprocedure
United States v. Soto
District Court, D. Massachusetts · 2011-04-26 · cited 2×
In United States v. Soto, defendants Steven Soto, Pedro Soto, Carmen Soto, and Kimberly Litwin moved to suppress evidence seized from residences at 56 Lawrence Road and 14 Moulton Street in Lynn, Massachusetts, the hard drive of a Gateway laptop, and recorded telephone calls from Steven Soto while in custody, as well as requesting a Franks hearing on alleged false statements in a search warrant affidavit. The case arose from a 2006 task force operation executing arrest warrants that led to discovery of a stolen motorcycle and subsequent fraud investigations involving bank accounts and identity theft, resulting in federal charges against Steven Soto. The court addressed Fourth Amendment challenges to the searches, including issues of standing, curtilage trespass, independent probable cause for later warrants, and the effect of a prior suppression order by another judge, ultimately evaluating whether the evidence was lawfully obtained or tainted.
criminal lawprocedure
American Paper Recycling Corp. v. Ihc Corp.
District Court, D. Massachusetts · 2011-04-07 · cited 5×
American Paper Recycling Corp. sued IHC Corporation, MPS/IH, LLC, and Wilmington Paper Corporation over a 1990 waste paper output sales contract originally entered with Ivy, seeking to enforce exclusive sales of all waste paper from specified plants to APR and to halt sales to Wilmington, along with claims for breach of the covenant of good faith, specific performance, tortious interference, and unfair trade practices under Chapter 93A. After partial dismissals and discovery, the court granted summary judgment to the defendants on all remaining counts. The decision rested on the contract's silence regarding any obligation to maintain production levels or continue operations, which the court held were governed by business conditions rather than any implied duty, with no evidence of bad faith, improper motive, or deceptive conduct by the defendants or Wilmington.
business & regulatoryproceduretorts & liability
McCarty v. Verizon New England, Inc.
District Court, D. Massachusetts · 2011-03-25 · cited 2×
In this case, a Verizon service technician sued his employer and supervisor in state court for intentional and negligent infliction of emotional distress, trespass, and respondeat superior, based on alleged abusive conduct by his supervisor. The action was removed to federal court under the LMRA due to a collective bargaining agreement, and the court granted summary judgment dismissing all claims as barred by the exclusivity provision of the Massachusetts Workers' Compensation Act. Verizon then moved for Rule 11 sanctions, seeking attorneys' fees on the ground that the lawsuit was baseless and filed for an improper purpose. The court allowed the motion in part, awarding $34,908.12 in fees against one of the plaintiff's attorneys for persisting in the action after being advised it lacked merit, but denied sanctions against the other attorneys involved.
labor & employmentprocedure
United States v. Lazar
District Court, D. Massachusetts · 2011-03-22 · cited 1×
In United States v. Lazar, the defendant pled guilty to wire fraud for participating in a mortgage fraud scheme in which he purchased a distressed couple's home with financing from Argent Mortgage based on false representations that he would occupy it as his primary residence, allowed the couple to remain as tenants, and later helped them repurchase it with new loans; the couple knowingly participated by signing false documents and received cash proceeds. The court considered whether restitution could be ordered to the couple under the Mandatory Victims Restitution Act despite their involvement. The court denied the government's request for a $75,000 restitution order, holding that the MVRA does not authorize restitution to knowing coconspirators in the fraudulent scheme and that such an order would be contrary to public policy.
criminal lawprocedure
Filer, Inc. v. Staples, Inc.
District Court, D. Massachusetts · 2011-03-01 · cited 2×
This case concerns a dispute between Filer, Inc., as purported assignee of rights from Taiwanese manufacturer Hwa Fuh Plastics Co., Ltd. (HFP), and Staples, Inc., arising from 2006 manufacturing and procurement agreements for products including file folders covered by U.S. Patent No. 5,226,676. Filer alleged breach of contract by Staples and patent infringement based on Staples's sales of substitute products. The court granted Staples's motion for summary judgment on both claims. On the contract claim, the agreements contained anti-assignment clauses requiring Staples's prior written consent, which was never given, rendering the 2009 assignment from HFP to Filer ineffective under Massachusetts law. On the patent claim, the court held that Filer lacked standing because the conveyance from the patent's inventor provided only a narrow license to use the patent for production and did not transfer all substantial rights in the patent.
business & regulatoryprocedure
Society of the Holy Transfiguration Monastery, Inc. v. Gregory
District Court, D. Massachusetts · 2011-02-08 · cited 1×
The case concerned a dispute over copyrights to English translations of ancient Greek religious texts, with the Monastery alleging infringement by Archbishop Gregory. The court had previously granted summary judgment on liability, and now decided to award statutory damages of $5,250, a permanent injunction against further infringement, and attorneys' fees of $50,638.24 plus costs. The reasoning for the injunction was based on the finding of liability and the threat of continued infringement under the Copyright Act. For fees, the court exercised discretion considering factors like the reasonableness of the request and the nature of the case.
propertyprocedure
Rev-Lyn Contracting Co. v. Patriot Marine, LLC
District Court, D. Massachusetts · 2011-02-08 · cited 2×
This case concerned a dispute arising from a February 2006 bare vessel charter agreement under which Patriot Marine, LLC hired Rev-Lyn Contracting Co.'s barge Ralph B and its attached crane for marine work, along with the escort tug Big Toot. During a salvage operation on April 12, 2006, the crane boom collapsed, causing substantial damage to the crane and minor damage to the tug; Patriot Marine stipulated to contractual liability for the crane and tort liability for the tug. Following a bench trial, the court issued findings of fact and conclusions of law determining the amounts owed for charter hire, insurance recoveries, replacement equipment costs, and net damages after crediting the crane's salvage value, while rejecting certain offsets and additional claims. The rulings addressed the parties' respective obligations under the charter terms, principles of bailment, and calculation of actual losses.
business & regulatorytorts & liability
Society of the Holy Transfiguration Monastery, Inc. v. Gregory
District Court, D. Massachusetts · 2010-12-03 · cited 3×
The case concerned allegations by the Society of the Holy Transfiguration Monastery that Archbishop Gregory infringed its copyrights in English translations of several ancient religious texts by posting them on his website. The court granted the Monastery's motion for summary judgment on liability for the infringement claims regarding six works. It found that the Monastery held valid copyrights based on registration certificates, which the defendant did not rebut, that the translations were original, and that the Archbishop had copied the works as shown by verbatim similarities. The court rejected defenses including challenges to ownership, public domain status, and lack of originality.
property