Where a defendant has been charged with use of a fraudulently obtained passport in violation of 18 U.S.C. §1542 (Count I), use of a fraudulently obtained naturalization certificate in violation of 18 U.S.C. §1015(c) (Count II) and possession of fraudulently obtained authorization documents in violation of 18 U.S.C. §1546(a) (Count III), those counts should not be dismissed as time-barred despite the defendant’s contention that the “gravamen of the criminal conduct” he is accused of took place between 1998 and 2008 ..read more

Where the State Board of Retirement denied a petitioner’s application for reclassification to Group 2, that decision must be reversed because the petitioner qualifies for Group 2 status based on her last year of service, when she was an admissions nurse at Tewksbury State Hospital ..read more

Where a dispute has arisen over water and sewer lines, the plaintiff has proven the existence under a 1993 deed of an implied easement to use the lines beneath the defendant’s property ..read more

Where a plaintiff has filed a Wage Act complaint against a defendant member of a corporation’s board of directors, the defendant is entitled to summary judgment because did not act as an agent of the corporation ..read more

Where a copyright infringement complaint was dismissed on claim preclusion grounds, that was error, as the dismissal of a prior complaint claim brought by the same plaintiff was not a final judgment on the merits ..read more

Where two U.S. District Court orders have been challenged on appeal, the appeals must be dismissed for lack of jurisdiction because (1) an order appointing a third party for enforcement of a judgment was not final, injunctive, important or unreviewable and (2) a temporary restraining order was not final, conclusive, injunctive, related to a receiver, or otherwise subject to 1st Circuit jurisdiction ..read more

A group of 17 technology and life sciences attorneys and staff has joined the Boston office ArentFox Schiff from Burns & Levinson, ArentFox announced on June 11 ..read more

Thousands of delivery drivers filed legal claims against Amazon on June 11, alleging the company’s classification of them as independent contractors instead of employees has led to unpaid wages and other financial losses ..read more

Where plaintiffs that operate a supermarket have challenged the approval of the construction of a 10-story mixed-use building, the complaint should be dismissed because the plaintiffs’ presumption of standing has been rebutted with evidence that their alleged injuries are not cognizable under the Boston Zoning Enabling Act or the Boston Zoning Code ..read more

Where (1) plaintiffs who purchased a foreclosed property brought a summary process action against the defendant occupants of the property, (2) following the entry of judgment in favor of the plaintiffs on their claim for possession, one of the defendants appealed and (3) the defendant was required by a Housing Court judge to make monthly use and occupancy payments of $1,275 to the plaintiffs as a condition for maintaining her appeal, the order setting use and occupancy payments in the instant case did not violate defendant's constitutional rights, even if the order requires her to make payment ..read more