Keyword Search: Civil Procedure

SJC-10702: HELEN KIRK vs. KEVIN SULLIVAN & others

Argument: Not yet scheduled.

Keywords: Civil Procedure - First Amendment - Judicial Review

Question Presented: Whether a civil hearing for commitment of a person found not guilty by reason of mental illness should be closed to the public to protect the defendant’s privacy.

Facts: The defendant was found not guilty by reason of mental illness of murdering her four-year-old child, and committed to a state treatment facility. Three years later, the Department of Mental …

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SJC-10674: JULES R. CAVADI vs. STEPHEN C. BARNES & another

Argument: Not yet scheduled.

Keywords: Civil Procedure - Fraudulent Conveyance - Statute of Limitations - Torts

Question Presented: Whether the common law theory of fraudulent conveyance survived the passed of the Uniform Fraudulent Transfer Act.  

Facts: The plaintiff brought suit against Stephen Barnes and Christina DeYeso, alleging that he was owed substantial money by Barnes that he had been unable to collect; that Barnes had transferred …

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SJC-10654: KIM PELLETIER vs. TOWN OF SOMERSET & another

Argument: September 2010

Keywords: Administrative Law - Civil Procedure - Discrimination - Employment - Public Employees

Question Presented: Whether a defendant’s appeal permits a plaintiff to retract acceptance of remittitur; whether a jury damage award for hostile work environment may be based on a pattern of conduct not alleged in an MCAD complaint.

Facts: The plaintiff, who is gay, was the only woman employed by the Somerset Highway Department from 1984 to 2000. In 2000, she filed a claim with the Mass. Commission Against …

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SJC-10616: SHAWN DRUMGOLD vs. COMMONWEALTH

Amicus due February 16, 2010 - Argument: April 5, 2010

Keywords: Civil Procedure - Criminal Law - Criminal Procedure - Summary Judgment

Question Presented: What proof must a former convict offer at summary judgment to establish that his exoneration qualifies him to sue the Commonwealth for erroneous felony conviction, pursuant to G.L. c. 258D, § 1?

Facts: The plaintiff, Shawn Drumgold, was convicted of a gang-related murder on the testimony of a number of witnesses who claimed to have seen him planning for or en route to …

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SJC-10589: BULLDOG INVESTORS GENERAL & others vs. SECRETARY OF THE COMMONWEALTH

Amicus due February 16, 2010 - Argument: April 6, 2010

Keywords: Administrative Law - Civil Procedure - Constitutional Law - First Amendment - Personal Jurisdiction - Securities

Question Presented: Whether the Secretary of the Commonwealth has the power to impose a fine on out-of-state persons who market unregistered securities to a Massachusetts resident.

Facts: Bulldog, an out-of-state company, maintained a website offering information on its hedge funds, which were unregistered securities.  An unregistered security is essentially one for which detailed disclosure statements have not …

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Mass. Appellate Briefs is published by Jack Cushman, an appeals lawyer and former clerk on the Supreme Judicial Court.

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