Cases

BOUDIN, Chief Judge. The Massachusetts Port Authority (“Massport”), an arm of the Commonwealth charged with (among other things) operating Boston’s Logan Airport (“Logan”), imposes on bus and other surface transport entities a per-trip fee for stops at the airport. Four bus companies brought suit against Massport in federal district court, seeking a declaration that the fees are p

NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557- 1030; SJCReporter@sjc.state.ma.us 19-P-1057 Appeals Court LISA A. MACKEY vs.

Murray, P.J. Respondent, the Department of Human Services (DHS), appeals on leave granted the circuit court order reversing the hearing referee’s decision that the DHS properly imposed a Medicaid benefit divest*690ment penalty on petitioner, Elizabeth Marden.1 We conclude that the circuit court’s ruling was in error because the circumstances o

MEMORANDUM OF RECUSAL O’TOOLE, District Judge. The plaintiffs have brought the present action seeking declaratory and injunctive relief to prevent the defendants from enforcing against them Supreme Judicial Court Rule of Professional Conduct 3.8(f), which became effective on January 1, 1998, both in the courts of the Commonwealth and in this Court by incorporation pursuant to Local Rule 83.6(4)

Botsford, J. This case concerns the process by which the Massachusetts Gaming Commission (commission) awarded a gaming license in late 2014 to Wynn MA, LLC (Wynn). The plaintiffs — an unsuccessful applicant for the license, the city that would have hosted the unsuccessful applicant, a labor union, and individual citizens — filed two complaints in the Superior Court that alleged nume

Lauriat, Peter M., J. On February 1, 2007, the Workers’ Compensation Trust Fund (“Trust Fund”) commenced this action against Air-Ride, Inc. (“Air-Ride”) and Al Mackey, Air-Ride’s President and CEO, to recover the monies it was required to pay as workers’ compensation benefits to an Air-Ride employee, Linda Gouthro (“Gouthro”), who was allegedly injured while on the job with Air-Ride. Air-Ride allegedly had no workers’ compensat

892 A.2d 479 (2006) 391 Md. 117 James J. MACKEY, et al. v. COMPASS MARKETING, INC. Misc. No. 4, September Term, 2005. Court of Appeals of Maryland. February 9, 2006. *481 Anthony Herman (Robert J. Lundman, Covington & Burling, Washington, DC), Lawrence S. Robbins (Alison C. Barnes, Max Huffman, Robbins

Sikora, Mitchell J., J. RULING The court has considered the plaintiffs complaint and memorandum of law and the defendant Registry’s opposition. The essential facts appear to be undisputed. For the following reasons the court DENIES prayers A and B for preliminary injunctive relief. REASONING The plaintiff requests a preliminary injunction restraining the Regi

762 F.Supp.2d 254 (2010) SUDBURY PUBLIC SCHOOLS, Plaintiff, v. MASSACHUSETTS DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION, Bureau of Special Education Appeals, and Student, by and through His Mother Susan Doe, Defendants. Civil Action No. 10-10988-DPW. United States District Court, D. Massachusetts. December 23, 2010. *256 Re

NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557- 1030; SJCReporter@sjc.state.ma.us SJC-12858 COMMONWEALTH vs. CHARLES F. BOHIGIAN. Worcester. Februar

LENK, J. **621This case arises from a violent encounter among four men, one of whom had dated the other's sister. In the fight that ensued, the men threw punches, brandished knives, and made statements about one another's mothers. The defendant was charged with one count of assault and battery and one count of threatening to commit a crime. He

KAFKER, J. *1169 **413 In 2010, the defendant's driver's license was suspended for his refusal to consent to a breathalyzer after his arrest for operating a motor vehicle while under the influ

Botsford, J. The defendant, Josué Molina, appeals from his child pornography convictions under G. L. c. 272, §§ 29B and 29C, on three grounds. First, he argues that the search warrant for the apartment in which he was living was overbroad as to places and things to be searched. We disagree, concluding that the search warrant was appropriately particularized. Second, the defendant cha

Botsford, J. The defendant, Adalberto Martinez, appeals from his conviction of possessing child pornography in violation of G. L. c. 272, § 29C. He challenges the denial of his motion to suppress computer evidence obtained pursuant to a search warrant. The gravamen of the defendant’s claim is that the police needed to do more to link the defendant to the place searched and the items

Hines, J. Based on a shooting that occurred after a party ended in Brockton in 2007, a jury, in March, 2014, convicted the defend *308 ant of murder in the second degree, unlawful possession of a firearm, unlawful possession of a loaded firearm, and unlawfu

Cypher, J. The defendant, Brian Maingrette, was charged with carrying a firearm without a license, unlawful possession of ammunition, carrying a loaded firearm without a license, and receiving stolen property, after he was stopped and subsequently arrested on an outstanding warrant. He filed a motion to suppress, arguing that his arrest was invalid because the warrant on which it wa

JUSTICE DOUGHERTY, concurring Our legislature made nonlicensure an element of the crime of carrying a concealed firearm pursuant to 18 Pa.C.S. § 6106. Commonwealth v. McNeil , 461 Pa. 709, 337 A.2d 840

BOWNES, Circuit Judge. This- is an appeal by the Commonwealth of Massachusetts from the granting of a writ of habeas corpus to Michael Simpson by the district court. The court ruled that the racially biased exercise of peremptory challenges by the prosecution fatally tainted the selection of the petitio

[J-86-2018] [MO: Wecht, J.] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, : No. 56 MAP 2017 : Appellee : Appeal from the Order of the Superior : Court dated March 29, 2017 at No.

Cordy, J. In 2007, the defendant, Kempess Sylvain, a non-citizen lawfully residing in the United States, pleaded guilty to possession of a controlled substance, subjecting him to automatic deportation from the United States. After the defendant’s conviction was final, we decided Commonwealth v. Clarke, 460 Mass. 30, 34, 37, 45 (2011) (Clarke), which held that the rule announced in Padilla v. <