In both an online article and a subsequent TV interview, Bloomberg
News reported that the Securities and Exchange Commission had opened
an investigation to determine whether Emmanuel Lemelson, a priest
and hedge fund manager, had intentionally published false material
about public companies in whose stock he held a short position. Lemelson
filed suit against Bloomberg and ... More...    $0 (09-01-2018 - 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)

The plaintiff, David Ceruolo (David) sued his
ex-wife Lyllian Ceruolo (Lyllian),2 and her mother, Martha Garcia
(Garcia) for defamation and negligent and intentional infliction
1 Lyllian Ceruolo.
2 Because these parties share the same last name, we refer
to them by their first names.
2
of emotional distress following the conclusion of a contentious
divorce. The defe... More...    $0 (09-07-2017 - MA)

The plaintiff, James Dever, appeals from an
order allowing the defendants' special motion to dismiss his
amended complaint under the "anti-SLAPP" statute. See G. L.
1 Daniel Rabinovitz; Michaels, Ward & Rabinovitz, LLP;
Daniel Michael Joyce; Moors & Cabot Investments, Inc.; and Aaron
Foley.
2
c. 231, § 59H, inserted by St. 1994, c. 283, § 1. Although we
conclude tha... More...    $0 (09-11-2017 - MA)

Appellee Jennifer Chalifoux ("Jennifer")
filed for divorce from her husband, appellant Joseph Chalifoux
("Joseph"), on May 5, 2010. The subsequent divorce proceedings
were highly contentious1 and spawned a torrent of additional
lawsuits in various federal and state courts. The case before us
now is the latest iteration of these lawsuits, wi... More...    $0 (07-31-2017 - MA)

Massachusetts law prohibits employers from
discriminating against their employees on the basis of, among
other things, race or national origin. See G. L. c. 151B, § 4.
Because direct proof of such discrimination is rarely available,
employees filing claims under G. L. c. 151B, § 4, are permitted
to prove discrimination without direct evidence of
discriminatory inte... More...    $0 (03-01-2016 - MA)

In the mid-1970s, Donald Thomas Scholz, a musician, composer, recording engineer, and record producer,
founded the rock band "Boston." After many years playing in the band, Brad Delp, who was its lead singer, committed suicide on March 9, 2007. The Boston Herald, Inc., published three stories regarding Brad's suicide, written by columnists Gayle Fee and Laura Raposa, who relied on informati... More...    $0 (11-25-2015 - MA)

Following an encounter between the
parties, Defendant, a local police chief, called Plaintiffs'
employer to complain about their behavior during the incident.
Plaintiffs filed suit, alleging, inter alia, slander and
interference with advantageous business relations. The district
court granted summary judgment to Defendant on both counts. We
affirm.
I. Background
Col... More...    $0 (05-12-2015 - MA)

This is a tort case that pits a Massachusetts woman who claims to have been wronged against a nationally known celebrity. Although the allegations of the plaintiff's complaint paint a poignant picture, we conclude — as did the district court — that the defendant is entitled to judgment on the pleadings. Accordingly, we affirm.

I. BACKGROUND

Inasmuch as the district cour... More...    $0 (12-21-2012 - MA)

Plaintiff-Appellant Carmen Diaz (“Diaz�), after obtaining a jury verdict in her favor in the amount of $7,650 on one of six claims raised in her complaint, sought attorney’s fees of $139,622 and $13,389.34 in costs. The district court awarded $25,000 in fees and $9,434.74 in costs. We affirm in part, reverse in part, and remand for further proceedings.

Beginning in 1985, Dia... More...    $0 (10-16-2012 - MA)

Steven S. Howitt (“Howittâ€�), at all times relevant to the issues before us, a Selectman for the Town of Seekonk, Massachusetts, and Gary M. Jones (“Jonesâ€�), a Captain with its Police Department(“SPDâ€�), appeal the adverse grant of summary judgment on their First Amendment and defamation claims, stemming from two encounters between Howitt and private investigator Coleman Wholean (“Who... More...    $0 (09-26-2012 - MA)

Plaintiff-Appellant Carmen Diaz (“Diaz�), after obtaining a jury verdict in her favor in the amount of $7,650 on one of six claims raised in her complaint, sought attorney’s fees of $139,622 and $13,389.34 in costs. The district court awarded $25,000 in fees and $9,434.74 in costs. We affirm in part, reverse in part, and remand for further proceedings.

The parties are familia... More...    $0 (09-18-2012 - MA)

This case raises issues of First Amendment law. At the center of the dispute is The Price of Sugar, a documentary film released in 2007 by film company Uncommon Productions, LLC, and its principal William M. Haney, III. The film depicts the treatment of Haitian laborers on sugarcane plantations in the Dominican Republic. It refers by name to brothers Felipe and Juan Vicini Lluberes, senior executi... More...    $0 (12-02-2011 - 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)

After his staff privileges at Franklin Medical Center (FMC) were summarily suspended, Dr. William Vranos, an orthopedic surgeon, commenced this action against FMC, Michael D. Skinner, R.N., who is the FMC president, and Kenneth Gaspard, R.N., FMC's director of surgical and material services. Vranos's complaint contains six counts: (I) defamation against Gaspard; (II) defamation against Skinner and... More...    $0 (07-19-2010 - MA)

The plaintiff was disabled as a result of injuries sustained during the course of his employment. He contends that he is a qualified handicapped person under G.L. c. 151B, § 1(16), and that, in violation of G.L. c. 151B, § 4(16), his employer refused to offer him a reasonable accommodation to enable him to continue to work as an assistant press foreman after his injury. In addition, the plaintif... More...    $0 (06-16-2010 - MA)

The plaintiff appeals from the allowance of the defendant's special motion to dismiss under G.L. c. 231, § 59H, the "anti-SLAPP statute." [FN2] Because we conclude that the defendant did not make the requisite threshold showing that the plaintiff's claims are based solely on the defendant's protected petitioning activity, we reverse.

Background. On July 23, 2003, the plaintiff, James Cra... More...    $0 (11-25-2009 - MA)

This is an appeal from a grant of summary judgment in a diversity action. Plaintiff-appellant Suzanna Sensing, who suffers from multiple sclerosis, brought suit against her former employer, defendant-appellee Outback Steakhouse ("Outback"), and her manager, defendant-appellee Charles Kozmits, (collectively, "the appellees"), alleging handicap discrimination in violation of the Massachusetts anti-... More...    $0 (08-11-2009 - MA)

The plaintiff, Carol A. Warfield, the former chief of anesthesiology at Beth Israel Deaconess Medical Center, Inc. (BIDMC), filed this action in the Superior Court against her employers, alleging gender-based discrimination and retaliation in violation of G.L. c. 151B, and factually related common-law claims. The BIDMC and the other defendants moved to dismiss Warfield's complaint and compel arbit... More...    $0 (07-27-2009 - MA)

We granted the defendants' application for further appellate review to consider whether a Superior Court judge erred in denying the defendants' special motion to dismiss, pursuant to G.L. c. 231, § 59H (anti-SLAPP statute). [FN2] Because we conclude that the defendants are entitled to interlocutory appellate review, and that the motion judge erred in denying their special motion to dismiss, we re... More...    $0 (06-25-2009 - MA)

Alexander Jourjine filed suit against Nokia Corp., Nokia, Inc., and Nokia Svenska AB for defamation and intentional infliction of emotional distress. Nokia Corp. is a Finnish corporation (hereinafter "Nokia Finland"). Nokia, Inc. is a U.S. corporation incorporated in Delaware with a principal place of business in Dallas, Texas (hereinafter "Nokia U.S."). Nokia Svenska AB is a Swedish corporation (... More...    $0 (03-12-2009 - MA)

The defendants, The Enterprise Publishing Company, LLC, and reporters Elaine Allegrini and Allan Stein (collectively, Enterprise), obtained leave from a single justice of this court, see G.L. c. 231, § 118, to pursue this interlocutory appeal. Enterprise claims error in the denial of its motion for summary judgment as to plaintiff James F. Howell's defamation, invasion of privacy, and intentional... More...    $0 (10-01-2008 - MA)

In September, 2003, the plaintiffs, class A limited partners of Neptune Towers Associates (Neptune), filed an action in the Superior Court alleging four counts of breach of fiduciary duty against Neptune's general partners (general partners) and its attorney, William Bailey. The defendants answered and filed a counterclaim in January, 2005, alleging abuse of process, civil conspiracy, and defamati... More...    $0 (09-02-2008 - MA)

Alan S. Noonan was fired from his job as a salesman at Staples, Inc. for allegedly padding expense reports. A Staples executive then sent a mass e-mail to about 1,500 employees informing them that Noonan had been fired for violating the company's travel and expense policy. Staples also denied Noonan his severance benefits and refused to allow him to exercise his stock options, claiming that, under... More...    $0 (08-21-2008 - MA)

Plaintiff-appellant, Sergeant Peter J. Damon ("Damon"), a former Sergeant in the Army Reserves, appeals from the dismissal of his defamation claim stemming from the non-consensual use of an interview he conducted for NBC Nightly News ("NBC") in the documentary "Fahrenheit 9/11" ("documentary"). According to Damon, defendants-appellees ("Appellees"), and more specifically, Michael Moore ("Moore"), ... More...    $0 (03-23-2008 - MA)

Joseph V. Curran sued the Essex County Sheriff's Department, the Sheriff, and others, asserting they terminated his employment as a correctional officer in retaliation for his speech, in violation of the First Amendment and the Massachusetts Declaration of Rights. The district court found that the public interest in the employee's speech was outweighed by the danger the speech would cause to th... More...    $0 (12-12-2007 - MA)

Two managers brought a class action suit against their former employer, Dynamics Research Corporation ("DRC"), for violations of the Fair Labor Standards Act ("FLSA"), ... More...    $0 (12-03-2007 - MA)

Daniel McCarthy, a Newburyport, Massachusetts police officer, brought this action against the former and current chiefs of police, Thomas Cappelluzzo and Thomas H. Howard; fellow police officers Alan Maguire, David Foley and David Knight; former mayors of Newburyport Lisa Mead and Alan Lavender; and the City of Newburyport. McCarthy alleged claims under 42 U.S.C. § 1983 for violations of his Fi... More...    $0 (11-03-2007 - MA)

We examine in this case the extent to which G.L. c. 231, § 59H, popularly known as the "anti-SLAPP" [FN2] statute, effectively shields one party in an ongoing legal dispute from liability for the publication of allegedly defamatory statements concerning the opposing party. The Cadle Company (Cadle) filed a multi-count complaint in the Superior court seeking damages and declaratory and injunctiv... More...    $0 (01-29-2007 - MA)

Defendants denied that they defamed Plaintiff.... More...    $0 (09-28-2006 - MA)

This appeal, which follows on the heels of a substantial verdict in a defamation suit, is a paradigmatic example ... More...    $0 (08-05-2006 - MA)

Cape Wind today announced it has accepted a settlement offer from John Donelan of $15,000 to resolve a defamation lawsuit filed against him for a fraudulent act he committed while Technical and Research Director of the Alliance to Protect Nantucket Sound. The Settlement Agreement followed Judge Allan van Gestel's Order in November, 2005. "This lawsuit sends an important message: Although we we... More...    $15000 (02-14-2006 - MA)

Plaintiff was sexually harassed by fellow police officers on a union sponsored trip and, following Police Department Investigation of that harassment and discipline of male officers, Union engaged in campaign of retaliatory harassment against plaintiff. Plaintiff's contentions and causes of action: Discrimination, Retaliation, Defamation, Assault, Intentional Infliction of Emotional Distress.... More...    $2200000 (10-19-2005 - MA)

Plaintiffs-appellants James Albright, a former bodyguard and lover of Madonna, and his corporate agent, Amrak Productions, Inc. ("Amrak"), appeal from the dismissal of their defamation, invasion of privacy, and other state claims stemming from the publication of a tell-all book, Madonna. In a nutshell, defendants-appellees author and publishers allegedly portrayed Albright as a homosexual by mi... More...    $0 (06-08-2005 - MA)