Posts tagged "England"

New England Patriots Fans v. National Football League, et al. (Lawyers Weekly No. 12-060-17)

COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss. SUPERIOR COURT.
1684CV03929-BLS2
____________________
NEW ENGLAND PATRIOTS FANS
v.
NATIONAL FOOTBALL LEAGUE, ROGER GOODELL, and ROBERT KRAFT
____________________
MEMORANDUM AND ORDER DENYING MOTION SEEKING RECONSIDERATION OF THE ORDER DISMISSING PLAINTIFF’S APPEAL
Final judgment dismissing this action was entered on February 27, 2017. Plaintiffs filed a notice of appeal on April 12, 2017. The Court allowed Defendants’ motions to dismiss the appeal as untimely because it was filed more than thirty days after the entry of judgment. See Mass. R. App. P. 4(a). In its prior ruling, the Court explained that Plaintiffs’ post-judgment motion for findings did not toll the deadline for filing a notice of appeal because that motion was not served within ten days of the entry of judgment. See Mass. R. Civ. P. 52(b). The Court has no power to extend this time limit. See Mass. R. Civ. P. 6(b).
Plaintiffs seek reconsideration of the order dismissing their appeal. They argue that they are entitled to the benefit of the “mailbox rule” because the final judgment was mailed to their counsel. Plaintiffs contend that their Rule 52(b) post-judgment motion for findings was timely because the deadline for serving that motion was automatically extended by three days under Mass. R. Civ. P. 6(d).
This argument is incorrect. Rule 6(d) only adds more time to deadlines that allow or require a party to do something “within a prescribed period after the service of a notice or other papers upon him.” But the ten-day deadline for serving post-judgment motions for findings does not start to run upon “service” of anything. Instead, such a motion must be served “not later than 10 days after entry of judgment.” Rule 52(b).
The three-day grace period after mailing provided in Rule 6(b) therefore does not apply to Plaintiff’s deadline for filing post-judgment motions under Rule 52(b). See Commonwealth v. White, 429 Mass. 258, 261-262 (1999) (since period for filing notice of appeal starts to run upon entry of judgment, not upon service, mailbox rule in Mass. R. App. P. 14(c) does not apply); Goldstein v. Barron, 382 Mass. 181, 182-
– 2 –
185 (1980) (since period for posting medical practice bond starts to run upon entry of tribunal’s finding, not upon service, mailbox rule in Mass. R. Civ. P. 6(d) does not apply); Flint v. Howard, 464 F.2d 1084, 1087 (1st Cir. 1972) (per curiam) (since deadline for filing post-judgment motion for findings under Fed. R. Civ. P. 52(b) “begins to run from ‘entry of judgment’ rather than from receipt of notice,” mailbox rule in Fed. R. Civ. P. 6 does not apply); see also Smaland Beach Ass’n, Inc. v. Genova, 461 Mass. 214, 228 (2012) (judicial construction of federal rules of civil procedure applies to parallel state rules).
The Court concludes that Plaintiffs’ other argument in support of the motion for reconsideration are also without merit.
ORDER
Plaintiffs’ motion for reconsideration of the dismissal of their notice of appeal is DENIED
May 16, 2017
___________________________
Kenneth W. Salinger
Justice of the Superior Court

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Posted by Stephen Sandberg - June 1, 2017 at 3:00 am

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Verizon New England Inc. v. Board of Assessors of Boston (and a consolidated case) (Lawyers Weekly No. 10-173-16)

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-12034

VERIZON NEW ENGLAND INC.  vs.  BOARD OF ASSESSORS OF BOSTON (and a consolidated case[1]).

Suffolk.     April 7, 2016. – November 2, 2016.

Present:  Gants, C.J., Spina, Cordy, Botsford, Duffly, & Hines, JJ.[2]

Telephone Company.  Taxation, Assessors, Personal property tax: value.  Constitutional Law, Taxation.

Appeal from a decision of the Appellate Tax Board.

The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court.

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Posted by Stephen Sandberg - November 2, 2016 at 3:11 pm

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New England Survey Systems, Inc. v. Department of Industrial Accidents (Lawyers Weekly No. 11-076-16)

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

15-P-331                                        Appeals Court

NEW ENGLAND SURVEY SYSTEMS, INC.  vs.  DEPARTMENT OF INDUSTRIAL ACCIDENTS.

No. 15-P-331.

Suffolk.     December 8, 2015. – June 30, 2016.

Present:  Grainger, Hanlon, & Agnes, JJ.

Workers’ Compensation Act, Failure to obtain insurance, Cancellation of insurance.  Department of Industrial AccidentsStatute, Construction.  Due Process of Law, Administrative hearing.  Administrative Law, Judicial review.

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Posted by Stephen Sandberg - June 30, 2016 at 8:35 pm

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New England Precision Grinding,l Inc. v. Simply Surgical, LLC, et al. (Lawyers Weekly No. 11-026-16)

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

14-P-1637                                       Appeals Court

NEW ENGLAND PRECISION GRINDING, INC.  vs.  SIMPLY SURGICAL, LLC[1] & another.[2]

No. 14-P-1637.

Worcester.     November 2, 2015. – March 9, 2016.

Present:  Milkey, Carhart, & Massing, JJ.

Uniform Commercial Code, Acceptance of goods, Revocation of acceptance.  Indemnity.  Judgment, Interest.  Practice, Civil, Instructions to jury, Judgment notwithstanding verdict, Verdict.

Civil action commenced in the Superior Court Department on August 7, 2006.

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Posted by Stephen Sandberg - March 10, 2016 at 3:48 am

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New England Forestry Foundation, Inc. v. Board of Assessors of Hawley (Lawyers Weekly No. 10-083-14)

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‑11432

NEW ENGLAND FORESTRY FOUNDATION, INC.  vs.  BOARD OF ASSESSORS OF HAWLEY.

Suffolk.     January 6, 2014.  ‑  May 15, 2014.

Present:  Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ.

Administrative Law, Agency’s interpretation of statute, Findings, Judicial review, Appellate Tax Board:  final decision.  Taxation, Real estate tax:  charity, Real estate tax: exemption, Appellate Tax Board:  appeal to Supreme Judicial Court, Appellate Tax Board:  findings, Judicial review.  CharityCorporation, Non‑profit corporation.  Statute, Construction.

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Posted by Stephen Sandberg - May 15, 2014 at 5:39 pm

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Town of Hanover v. New England Regional Council of Carpenters (Lawyers Weekly No. 10-057-14)

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‑11396

TOWN OF HANOVER  vs.  NEW ENGLAND REGIONAL COUNCIL OF CARPENTERS.

Plymouth.     December 2, 2013.  ‑  March 25, 2014.

Present:  Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ.

“Anti‑SLAPP” StatuteConstitutional Law, Right to petition government.  Abuse of ProcessLaborPractice, Civil, Motion to dismiss, Standing.

Civil action commenced in the Superior Court Department on October 6, 2011.

A special motion to dismiss was heard by Robert C. Cosgrove, J.

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Posted by Stephen Sandberg - March 25, 2014 at 6:02 pm

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New England Insulation Company, Inc. v. Liberty Mutual Insurance Company (Lawyers Weekly No. 11-064-13)

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

11‑P‑1617                                       Appeals Court

NEW ENGLAND INSULATION COMPANY, INC.  vs.  LIBERTY MUTUAL INSURANCE COMPANY.

No. 11‑P‑1617.

Suffolk.     September 12, 2012.  ‑  May 22, 2013.

Present:  Cohen, Rubin, & Carhart, JJ.

Insurance, Comprehensive liability insurance, Coverage, Construction of policy.  Contract, Insurance, Indemnity, Construction of contract.  IndemnityAsbestos.

Civil action commenced in the Superior Court Department on July 13, 2010.

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Posted by Stephen Sandberg - May 22, 2013 at 7:24 pm

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Allergies in New England

Allergies.

Allergies to tree pollen begin later in New England than in most other areas, but when it begins, it comes on fast, according to allergists familiar with this area.

“When the tree season comes on, patients go from feeling normal to just being miserable,” said Dr. Don McNeil, who specializes in allergy and immunology. 

The spring allergy season is short—just six to eight weeks—but it can make allergy sufferers highly uncomfortable.

McNeil says this is heightened by the fact that many people with pollen allergies also have mold allergies.

The moist, warm weather that marks spring also encourages mold growth, which means mold spores are on the rise at the same time as tree pollen.

The tree pollen that causes related spring allergies can only arise from trees that pollinate: deciduous trees. These are the oaks, hickories, sycamores, cottonwoods, birches and other hardwoods that are prevalent in the Northeast.

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Posted by Stephen Sandberg - April 29, 2013 at 12:55 pm

Categories: Arrests   Tags: ,

O’Brien v. New England Police Benevolent Association, Local 911 (Lawyers Weekly No. 11-038-13)

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

12‑P‑155                                        Appeals Court

MICHAEL V. O’BRIEN[1]  vs.  NEW ENGLAND POLICE BENEVOLENT ASSOCIATION, LOCAL 911.

No. 12‑P‑155.

Suffolk.     December 10, 2012.  ‑  March 1, 2013.

Present:  Berry, Fecteau, & Carhart, JJ.

Arbitration, Police, Collective bargaining, Authority of arbitrator.  Public PolicyMunicipal Corporations, Police, Collective bargaining.  Police, Discharge, Collective bargaining.  Public Employment, Police, Termination, Collective bargaining.

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Posted by Stephen Sandberg - March 1, 2013 at 7:39 pm

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