Boston, Massachusetts criminal defense lawyer represented defendant charged with first-degree murder, unlawful possession of a firearm, assault with intent to murder and battery by discharging a firearm.

Richard Lugo of Dorchester was indicted for killing Pascual Casiano on August 20, 2017. He shot Casiano on Oct. 31, 2019, during an altercation outside an auto body shop on American Legi... More...    $0 (03-22-2022 - MA)

Debra Cherkaoui ("Cherkaoui"
or "Plaintiff") appeals from the district court's grant of summary
judgment in favor of her former employer, the City of Quincy,
Massachusetts ("City" or "Defendant"), on her claims of employment
discrimination, retaliation, and constructive discharge. She
argues that the district court erred by adopting the magistrate
judge's Report and Recomme... More...    $0 (12-04-2017 - MA)

Sometime on or around March 22, 2014 — all dates here
are in that year, by the way — Shayne Parker committed two legal
no-nos: he possessed 50 rounds of 38-caliber ammo while being a
convicted felon, and he transported a SCCY Model CXP 9-mm pistol
into his state of residence without a license. Or so a federal
grand jury in Massachusetts alleged in an indictment charging him
... More...    $0 (09-21-2017 - MA)

In August, 2011, a sixty-five year old woman was
found dead in her apartment in the South Boston section of
Boston. She was the victim of blunt force trauma caused by a
baseball bat. The defendant, Adam Cassino, was indicted for the
crime and a jury convicted him of murder in the first degree on
theories of deliberate premeditation and extreme atrocity or
cruelty. ... More...    $0 (04-10-2016 - MA)

As we explained in ASE I, the structural steel industry
is comprised of steel fabricators, who manufacture steel products
to meet design specifications, and steel erectors, who assemble
the fabricated steel. When a developer or owner taps a general
contractor to lead the construction of a building, that general
contractor typically solicits bids for a combined "fab and er... More...    $0 (02-26-2016 - MA)

In this case, we address the question left open in Commonwealth v. Fortunato, 466 Mass. 500, 509 (2013): whether voluntary, unsolicited statements that are not the product of police questioning, made more than six hours after arrest, must be suppressed under the safe harbor rule established in Commonwealth v. Rosario, 422 Mass. 48, 56-57 (1996). Robert McWilliams, the defendant, was convicted o... More...    $0 (02-12-2016 - MA)

In these consolidated criminal appeals, Karapet Dzhanikyan and Ronald Martinez raise a number of
challenges to their convictions, including some that concern the District Court's decision to try the two men together. For the reasons set forth below, we affirm each of the convictions except for Martinez's conviction for conspiring to use extortionate means to collect an extension of credit in... More...    $0 (12-30-2015 - MA)

LimoLiner is a Massachusetts corporation that owns and
operates a fleet of luxury motor coaches that are known as
"Liners." Dattco is a Connecticut corporation that repairs and
services motor vehicles, including buses and coaches. The
undisputed facts are as follows.
On May 30, 2011, two LimoLiner employees met with two
Dattco representatives to discuss the possible... More...    $0 (12-24-2015 - MA)

Pursuing a plan for a gasoline station and a
convenience store in the city of Marlborough, Cumberland Farms
filed with the council applications for a special permit, see
G. L. c. 40A, § 9, and for a fuel storage license, see G. L.
c. 148, § 13. Two meetings of the council's urban affairs
committee were held between June, 2012, and March, 2013, on the
special permit ... More...    $0 (10-17-2015 - MA)

Plaintiff-appellant Nina Shervin,
M.D., secured admission to one of the country's most prestigious
orthopedic residency programs. When she was placed on academic
probation, she concluded that her superiors were discriminating
against her based on her gender and thereafter began retaliating
against her because she had dared to challenge the probation
decision. Bent o... More...    $0 (10-13-2015 - MA)

Plaintiff-appellant Nina Shervin,
M.D., secured admission to one of the country's most prestigious
orthopedic residency programs. When she was placed on academic
probation, she concluded that her superiors were discriminating
against her based on her gender and thereafter began retaliating
against her because she had dared to challenge the probation
decision. Bent on vindic... More...    $0 (10-12-2015 - MA)

Joseph P. Boyle was injured by an exploding tire
in an automobile repair shop operated by C&N Corporation (C&N).
Joseph2 and his wife, Janice M. Boyle, filed a complaint against
C&N, asserting claims for bodily injury and loss of consortium.
C&N held an insurance policy issued by Zurich American Insurance
Company (Zurich). The policy required that C&N provide notice More...    $0 (09-14-2015 - MA)

Placed in removal proceedings
after his arrest on state charges, Michael Jonathan Mazariegos
sought to forestall his removal based on his marriage to a United
States citizen and the hardship his removal would cause his family.
He prevailed before an immigration judge (IJ), but lost when the
government appealed to the Board of Immigration Appeals (BIA).
Mazariegos did not se... More...    $0 (06-24-2015 - 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)

We write today about the curious case of Robert George,
a criminal-lawyer-turned-convict. Our story — which we narrate in
the light most favorable to the government, see United States v.
Acosta-Colón, 741 F.3d 179, 191 (1st Cir. 2013) — starts in a
Massachusetts town, sometime in early 2009. Standing in line to
buy coffee at a Dunkin' Donuts, George bumped into ex-con Rona... More...    $0 (07-30-2014 - MA)

This case turns on the interpretation and application of a Massachusetts regulation requiring that each
2
"entrance" to a public building or facility be accessible to persons with disabilities.
1 See G. L. c. 22, § 13A; 521 Code Mass. Regs. §§ 5.1, 25.1 (2006). The Architectural Access Board (board) issued a final decision concluding that each of the three doorways of a retail store... More...    $0 (07-10-2014 - MA)

In United States v. Sparks, 711 F.3d 58 (1st Cir. 2013), we held that the warrantless installation of a global positioning system (GPS) device on a defendant's automobile and the use of that device to monitor his and a co-defendant's movements for eleven days fell within the good-faith exception to the exclusionary rule, because the monitoring had occurred before the Supreme Court decided that the... More...    $0 (02-28-2014 - MA)

CROCS are odd looking shoes, known for their comfort. The plaintiff alleges that this reputation for comfort masks a hidden peril: the shoes present a heightened risk to the safety of wearers using escalators, and the manufacturer has failed to warn of this risk. The district court found these allegations unsupported and entered summary judgment accordingly. The plaintiff appeals. After careful c... More...    $0 (01-17-2014 - MA)

Appellant Thomas Atwater sought review of his dismissal from his teaching position in the Manchester-Essex Regional School District ("School District"), first in Massachusetts state court and then in Massachusetts federal district court. Concluding that Atwater's claims were barred by res judicata, the district court granted summary judgment in favor of Appellees, the School District and the Massa... More...    $0 (09-20-2013 - MA)

In this personal injury action, Louis Fernandes sued AGAR Supply Company, Inc., for negligence in federal district court under diversity jurisdiction. Fernandes, a resident of Rhode Island, injured his back when he stepped into a hole in the floor of a tire "shed" which was on property leased by AGAR, a Massachusetts corporation, to Fernandes's employer, Penske Truck Leasing. Whatever remedies Fe... More...    $0 (07-31-2012 - MA)

This case involves a claim under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. §§ 1400-1491, which requires that students with disabilities receive a free appropriate public education ("FAPE") in the least restrictive environment possible. See 20 U.S.C. § 1412(a)(1), (5). Sebastian M. is a disabled young man with mental retardation who was enrolled in a special education p... More...    $0 (07-12-2012 - MA)

Plaintiff-appellant Armando Gomez, a Colombian national, sued defendant-appellee Stop & Shop Supermarket Co., after he slipped and fell while shopping. The district court entered summary judgment for the defendant. After careful consideration, we affirm.

The facts are not complicated. On June 19, 2007, the plaintiff entered the defendant's supermarket in North Andover, Massachusetts. While... More...    $0 (03-02-2012 - MA)

A jury rendered a verdict in favor of plaintiff-appellee Carmen Llerena Diaz (Diaz) in this age discrimination action. On appeal, defendant-appellant Jiten Hotel Management, Inc. (Jiten) challenges the district court's jury instructions and the court's denial of Jiten's motion to certify a question of state law to the Massachusetts Supreme Judicial Court (SJC). We affirm.

I. Facts & Backg... More...    $0 (02-07-2012 - MA)

Plaintiff-Appellant Joy Goncalves ("Goncalves") appeals the district court's award of summary judgment to her employer, the Plymouth County Sheriff's Department ("PCSD"), on her allegations of employment discrimination based on her gender, race, and national origin in violation of Massachusetts General Laws Chapter 151B ("Chapter 151B") and Title VII 42 U.S.C. § 2000e, and her age in violation of... More...    $0 (10-07-2011 - MA)

Now before us are four appeals in a case brought by Dr. Sagun Tuli, a female neurosurgeon, against her employer Brigham and Women's Hospital ("the Hospital") and her former co-worker and supervisor Dr. Arthur Day. The first appeal was by the Hospital from a preliminary injunction sought and obtained by Tuli; the three more recent appeals followed a jury verdict awarding Tuli damages against the de... More...    $0 (08-29-2011 - MA)

LYNCH, Chief Judge. Between November 2008 and February 2009, Verizon New England, Inc. (VNE) began requiring its field technicians to carry company-issued cell phones during work. VNE supervisors need to stay in touch with field technicians, who are assigned to work on installation projects around Massachusetts and Rhode Island, and VNE found a previous company policy reliant on paging devices to... More...    $0 (07-27-2011 - MA)

Appellee Sheldon Adelson brought this declaratory action to determine rights under an oral contract that he had negotiated with appellant Moshe Hananel. In the district court Hananel argued that the agreement, pursuant to which he was employed by a company owned by Adelson, entitled him to obtain a twelve percent investment in Adelson's casino venture in Macau. Adelson claimed that their agreement... More...    $0 (07-13-2011 - MA)

The appeal in this wrongful death action requires us to define the potential liability of architectural parties in the circumstances of a large construction project, an extensive contract for their services, and the involvement of multiple codefendants. It presents a challenging exercise in civil procedure.

On August 4, 2004, Roger LeBlanc, a maintenance electrician employed by the Massachu... More...    $0 (02-09-2011 - MA)

The plaintiff, Kim Pelletier, worked as a laborer for the highway department of the town of Somerset (town) from 1984 to 2000. In 2003, after first filing a complaint with the Massachusetts Commission Against Discrimination (MCAD), the plaintiff commenced an action in the Superior Court against the town and the highway department seeking damages for discriminating against her on the basis of gende... More...    $0 (11-30-2010 - MA)