
GEORGE A. O’TOOLE JR.
U.S. District Court
4710 U.S. Courthouse
One Courthouse Way
Boston, MA 02110
Phone: (617) 748-9618
Judicial Biography
Born:
Oct. 7, 1947, Worcester
Year admitted to bar:
1972
Year appointed/elected:
1995, by President Bill Clinton
Bench Service:
Massachusetts Superior Court (1990-1995);
Boston Municipal Court (1982-1990).
Background
Education:
Harvard Law School, 1972
Boston College, 1969
Professional
Legal Employment History:
Associate and partner, Hale and Dorr (1972-1982).
- Reported Decisions
- Other Links
Opinions Summarized in Lawyers Weekly
- Immigration – Habeas corpus
- Civil rights – Murder investigation
- Jurisdiction – Streaming service – Purposeful availment
- Jurisdiction – Personal
- Employment – Pretext – Policy violations
- Labor – Preemption – Standing
- Bankruptcy – Mootness – Asset sale
- Employment – Emotional distress – Statutory bar
- Employment – Retaliation – Age discrimination
- Employment – Data breach – Standing
- Labor – Standing – ‘Fork Directive’
- Federal judge keeps Trump plan to push out federal workers on hold
- Judge temporarily blocks Trump plan offering incentives for federal workers to resign
- Bankruptcy – Dismissal – Stay pending appeal
- Employment – Noncompete
- Education – Title IX – Harassment
- Attorneys – Fees – False Claims Act
- Civil practice – Letters rogatory – Discovery
- Fraud – False Claims Act
- Commercial – Dealership – Repairs
- Patent and trademark – Declaratory Judgment Act – Jurisdiction
- Immigration – Visa – Consular non-reviewability doctrine
- Jurisdiction – Amount in controversy – Insurance
- Retirement – Interest reduction – ‘Top-hat’ plan
- Insurance – Stay – Abstention
- Employment – Constructive demotion – Whistleblower
- Commercial – Trade secrets – Sunset clause
- Jurisdiction – Citizenship – Business trust
- Employment – Individual liability – Wage Act
- 81-year-old dad forfeits $5K bail posted for son
- Consumer protection – Vehicles – Engine defect
- Employment – Retaliation – False Claims Act
- Civil rights – Qualified immunity – Arrest
- Consumer protection – Chapter 93A – Pet food
- Civil rights – Immunity – Police conduct
- Municipal – MTCA – Police shooting of dog
- Labor – Benefit funds – Non-union member employees
- Corporate – Fiduciary duties – Operating agreement
- Securities – Fraud – Scienter
- Search and seizure – Staleness
- Negligence – Drug tests – DOC
- Consumer protection – Class certification – Chapter 93A
- Consumer protection – TCPA – Class certification
- Maritime – Statute of limitations – Text message
- Consumer protection – Preemption – Dietary supplements
- Search and seizure – Warrant affidavit – ‘Franks’ hearing
- Employment – Discrimination – Retaliation – Pretext
- Negligence – Entrustment – Driving record
- Prisons – Compassionate release – Pandemic
- Insurance – Subcontractor – ‘Additional insured’
- Jurisdiction – Forum non conveniens – Greece
- Patent and trademark – Claim construction – ‘Clamping device’
- Habeas corpus – Pandemic – Release
- Judge calls FMC Devens petition a ‘false flag,’ denies relief
- Habeas corpus – Pandemic – Deliberate indifference
- Inmates at Federal Medical Center denied relief
- Contract – Forum selection clause – Choice of law
- Employment – Discrimination – Pretext
- Labor – Union – Discrimination and retaliation
- Mortgages – Foreclosure sale – Surplus
- Arbitration – ‘Transportation worker’ exemption
- Employment – Harassment – Sex toy
- Contract – Forum selection clause
- Criminal – Speedy trial – Prejudice
- Arbitration – Non-signatories – Daily fantasy sports sites
- Insurance – Intervention – Subrogation
- Tort – Hacking – Fundraiser
- Judge enjoins recidivist do-not-call violators
- ‘Surprise’ verdict spawns primary/excess insurer spat
- Insurance – Settlement – Reasonableness
- Consumer protection – G.L.c. 93A – Out-of-state conduct
- Evidence – Deliberative process – Audit
- Criminal – Evidence – Cellphone site location information
- Civil practice – Attorney fees – ERISA – Disability benefits
- Criminal – Voir dire questionnaires
- Labor – Limitations – ‘Hybrid’ fair representation claim
- Labor – FLSA – Overtime – Recreational exemption
- Search and seizure – Consent – Coercion
- Employment – Confidential information – Solicitation
- Civil rights – Due process – State police
- Troopers’ civil rights suit dismissed
- Civil practice – Claim preclusion – Privity
- Search and seizure – Child pornography
- Evidence – Proffer session – Cellphone passcode
- Search and seizure – Traffic stop – Detention
- Jurisdiction – Personal – BP
- Jurisdiction – Personal – Foreign manufacturer
- Jurisdiction – Personal – Distributor
- Insurance – PIP – Self-employment
- Negligence – Travel agency – Shuttle bus
- Employment – Police – Discrimination
- Maritime – Jones Act – ‘Cabotage’ provision – Waiver
- Maritime – Ownership
- Class certification denied in Tips Act case
- Employment – Tips – Wait staff – Class certification
- Social services – Disability – Substance abuse – RFC
- Commercial – Unfair competition – Alternate fuels
- Civil practice – Sanctions – Rule 11
- Jurisdiction – Removal – Wages – Overtime
- Patent and trademark – Sanctions – Rule 11 – Voluntary dismissal
- Education – Immunity – Community college
- Search and seizure – Warrantless search – Minivan
- Securities – Fraud – Revenue projection
- Labor – CBA – Inspection – Notes
- Search and seizure – Drug conspiracy – Cellphone data – Vehicles
- Employment – Non-compete – Preliminary injunction
- Negligence – FTCA – Post office
- Arbitration – Credit card
- Social services – Disability – Medical opinions
- Habeas corpus – Plea – Immigration consequences
- Social services – Disability – Chronic fatigue
- Ball game spawns suit under Tort Claims Act
- Negligence – FTCA – National Guard
- Criminal – Defense costs – Public access
- Globe denied access to Tsarnaev defense costs
- Employment – Wages – Whole Foods
- Criminal – Drug lab – Guilty plea
- 1st Circuit upholds validity of police promotion exam
- Bankruptcy – Fraud – Intent
- Criminal – Drug lab – Guilty plea
- Contract – G.L.c. 93A – Church
- Civil practice – Contempt – Discovery
- Social services – Intellectual disability
- Copyright – Gluten-free recipes
- Jurisdiction – Wage Act – Forum selection clause
- Jurisdiction – Diversity – LLC
- Damages – Threshold – CFAA
- Bankruptcy – Chapter 11 trustee – Appointment – Stay
- Criminal – Severance – Mail fraud – Securities
- Criminal – Venue – 18 U.S.C. section924(c) – Death penalty
- Criminal – Sentencing enhancement – Ineffective assistance
- Bankruptcy – Automatic stay – Foreclosure
- Taxation – Foreign tax credits – Interest deductions
- Habeas corpus – Burden of proof – ‘CSI’ effect
- Habeas corpus – Statute of limitations – Sentencing
- Criminal – Pretrial release – Internet access
- Search and seizure – CSLI – Good faith
- Education – Medical school – Dismissal
- Insurance – LTD benefits – Mental disability
- Jurisdiction – Personal – Franchise
- Jury and jurors – Media access
- Bankruptcy – Legal fees – Divorce
- Arbitration – Waiver – Litigation conduct
- Civil practice – Costs – Prevailing party
- Tort – Appraiser – Bank – Tortious interference
- Employment – Wage Act – Flight attendants
- Insurance – Subrogation – Joinder
- Attorneys – Fees – Sanctions – Discovery
- Jury and jurors – Motion to dismiss indictment
- Employment – Independent contractors – Distributors
- Contract – Standing – Non-party
- Jury and jurors – Motion to unseal documents
- Negligence – FTCA – Elevator
- Criminal – Venue – Marathon bombing trial
- Jury and jurors – Marathon bombing trial
- Jurisdiction – Personal – Patent
- Employment – Discrimination – Individual liability
- Mortgages – Modification – Foreclosure
- Employment – Wrongful termination
- Insurance – Title – Mortgage
- Civil practice – Class action – Settlement – Fees
- Attorneys – Fees – Personal jurisdiction
- Criminal – Change of venue
- Jury and jurors – Selection – Stay
- Social services – Entry of judgment
- Tort – Medical battery – New trial
- Employment – Discrimination – Disability
- Civil rights – Mental health evaluation – Immunity
- Employment – Tips – Banquet captains
- Jurisdiction – Personal – Corporate defendants
- Search and seizure – Marathon bombing suspect
- Jury and jurors – Selection – Marathon bombing suspect
- Consumer protection – Demand letter – Identity of claimant
- Parent and child – Failure to protect – DCF
- Civil rights – Unlawful arrest – Pretrial diversion program
- Consumer protection – Zip codes
- Securities – Disgorgement – Penalty
- Consumer protection – Zip codes – Marketing
- Attorneys – Confidentiality – Settlement – Litigation privilege
- Bankruptcy – Mortgage – Acknowledgement – Defect
- Jurisdiction – Personal – Wage Act
- Criminal – Change of venue
- Negligence – Standing – Wrongful death
- Civil service – Exam – Police sergeants – Disparate impact
- Bankruptcy – Constructive trust
- Prisons – Transfer
- Social services – RFC – Surgery
- Negligence – Clinical trial – Duty of care
- Contract – Covenants not to compete – Real estate offices
- Negligence – Clinical trial – Informed consent
- Search and seizure – Wiretap – Standing
- Bankruptcy – Expert evidence – Non-profit corporate officer
- Jurisdiction – Diversity of citizenship – Interpleader
- Consumer protection – Medical care – G.L.c. 93A
- Bankruptcy – Stay pending appeal – Sale
- Employment – Res judicata – Dismissal
- Search and seizure – Traffic stop – Marijuana odor – Inevitable discovery
- Parent and child – Hague Convention
- Employment – Tips – Retaliation
- Attorneys – Fees – G.L.c. 93A
- Commercial – Internet domain name – Release – Fee
- Negligence – Professional services – Fiduciary duty – New trial
- Municipal – Payments in lieu of taxes
- Employment – ADA – Claim preclusion
- Insurance – Flood – Basement
- Employment – Termination – Public policy
- Admiralty – Unseaworthiness – Jones Act
- Insurance – Cargo policy – ‘Fortuitous’ loss
- Jurisdiction – Removal – Remand – Diversity – LLC
- Tort – Website – Immunity – Communications Decency Act
- Attorneys – Disqualification – Patent
- Mortgages – Rescission – Recoupment defense
- Insurance – Transfer
- Employment – Settlement – Discrimination – Disability
- Jurisdiction – Personal – Website
- Employment – Misclassification – Independent contractors – Delivery drivers
- Securities – Duty to disclose – Affiliation
- Criminal – Miranda – Marital privilege
- Criminal – Discovery – Mitigation – Death penalty
- Employment – USERRA
- Search and seizure – Computer – Child pornography
- Arbitration – Standing – Union
- Mortgages – Right to cure letter – G.L.c. 244, section35A
- Criminal – Death penalty – Mitigating factors
- Labor – Arbitration – Motion to strike
- Taxation – Income – ‘Economic substance’ doctrine
- Jurisdiction – Personal – Rating agencies
- Corporate – Derivative action
- Education – Vexatious litigant
- Contract – P&S agreement – Contamination
- Employment – Independent contractor
- Consumer protection – G.L.c. 93A/176D – Claim management process
- Employment – Disability – Accommodation – Product certification exam
- Employment – Overtime – Highly compensated employees
- Consumer protection – Unsolicited advertising – Fax
- Employment – Overtime – Extraterritoriality
- Jurisdiction – Personal – Defamation – Facebook
- Insurance – G.L.c. 176D – Legal malpractice
- Civil practice – Sanctions – False ‘affirmations’
- Labor – Overtime – FLSA
- Contract – Former employees – Competition
- Habeas corpus – Sex offender
- Jurisdiction – Personal – Contract
- Employment – Discrimination – Retaliation – FMLA
- Copyright – Joinder
- Bankruptcy – Automatic stay – Successive petitions
- Employment – Retaliation – Causal relationship
- Labor – Retaliation
- Bankruptcy – Jury trial
- Habeas corpus – Confession – Joint venture
- Patent and trademark – ‘True’
- Mortgages – Sheriff’s sale – Notice
- Employment – Retaliation – Skycap
- Habeas corpus – ‘Partial closure’ of courtroom – Jury selection
- Jurisdiction – Venue
- Habeas corpus – section2241
- Consumer protection – Debt collection – Automated phone calls
- Consumer protection – Collection – FDCPA – G.L.c. 93A
- Criminal – Sentencing – Money laundering
- Mortgages – Loan purchase – Default
- Criminal – Ineffective assistance
- Employment – Issue preclusion
- Civil practice – Consolidation
- Taxation – Government liens
- Civil rights – First Amendment – Immunity
- Municipal – Police – Drug testing
- Social services – Disability
- Mortgages – Reconsideration – TILA
- Social services – Residual functional capacity
- Mortgages – Preemption – Federal Homeowners Loan Act
- Social services – Disability benefits
- Social services – Expert opinions
- Habeas corpus – Successive petition
- Retirement – Disability – ERISA
- Municipal – Traffic citations – Qualified immunity
- Commercial – Promissory note – Res judicata
- Constitutional – Adult entertainment
- Habeas corpus – Child pornography
- Securities – Fraud – Biotechnology company
- Arbitration – Employment contract
- Mortgages – Assignment
- Social services – Social worker’s opinion – RFC
- Damages – Vessel – Defective work
- Patent and trademark – Cybersquatting
- Insurance – Professional liability policy – Duty to defend
- Attorneys – Confidential information – Settlement
- Fraud – False Claims Act – Specificity – ‘Original source’
- Civil practice – SDP – Commitment
- Jurisdiction – Federal – Bank – Charter
- Social services – Treating sources – Credibility
- Mortgages – TILA
- Social services – Depression – Alcohol abuse
- Social services – Disability – Substance abuse
- Jurisdiction – Subject matter
- Banks and banking – Capital gains tax
- Jurisdiction – Transfer
- Retirement – ERISA – COBRA
- Mortgages – Foreclosure – HUD – Duty of care
- Consumer protection – G.L.c. 93A – Unjust enrichment – Online marketing
- Retirement – ERISA – Unpaid contributions
- Employment – Discrimination – Retaliation
- Securities – Fraud – Scienter – GAAP
- Social services – Disability benefits – Credibility – Non-examining physician
- Banks and banking – Dishonored check – Negligence
- Social services – Denial of disability benefits – RFC – Credibility
- Social services – Denial of SSI benefits
- Products liability – Infant formula – Expert
- Employment – Wage Act – Commissions – Retaliation
- Real property – Condominium trust – TILA
- Civil practice – Attachment – Default judgment
- Criminal – Motion to vacate sentence – Felon in possession
- Panel declines to sanction prosecutor Auerhahn
- Criminal – Wire fraud – Mail fraud
- Criminal – Foreign Intelligence Surveillance Act
- Employment – FLSA – Immigration status
- Consumer protection – FDCPA
- Contract – Non-compete agreement
- Commercial – False advertising – Gross receipts
- Search and seizure – Marijuana ‘blunt’
- Tort – Use of excessive force during arrest
- Patent and trademark – Infringement claim – Standing
- Habeas corpus – Jury selection
- Employment – Urine test – Nicotine
- Civil practice – SDP regime – Constitutionality
- Retirement – Package delivery company drivers
- Patent and trademark – Filing of second amended complaint
- Constitutional – Visa – First Amendment
- Labor – Overtime – Qualifying work period
- Commercial – Credit card account – TILA
- Criminal – Motion to dismiss – Speedy trial considerations
- Civil practice – Interlocutory appeal
- Immigration – Adjustment of status – Jurisdiction
- Employment – Nicotine – Right to privacy
- Civil rights – Correction officer – Association with former inmate
- Habeas corpus – Exhausted and unexhausted claims
- Securities – Fraud
- Negligence – Injury at airline terminal
- Insurance – Duty to defend – Antitrust
- Securities – Ongoing damages
- Civil practice – Interpleader – State immunity
- Criminal – Evasion of federal fuel excise taxes
- Bankruptcy – Reference – Withdrawal
- Bankruptcy – Withdrawal of reference
- Criminal – Possession of cocaine with intent to distribute – Sentencing
- Constitutional – Strip searches – Qualified immunity
- Criminal – Police officers – Witness tampering – Obstruction of justice
- Habeas corpus – Due process rights
- Habeas corpus – Exhaustion requirement
- Corporate – Director – Insider trading – Indemnification
- Criminal – Narcotics – Carrying a firearm
- Criminal – Felon in possession of handgun
- Criminal – Detention pending trial
- Jurisdiction – Personal – Choice of law – Three-vehicle accident
- Constitutional – 'Don't ask, don't tell' policy
- Bankruptcy – Student loans – Bipolar disorder
- Criminal – Sentencing – Guidelines
- Securities – ICA – Sect. 36(b)
- Employment – Handicap discrimination – Money damages – Title III of ADA
- Criminal – Attempted arson – Motion to suppress
- Criminal – Wire and mail fraud
- Corporate – Director – Insider trading – Indemnification
- Securities – Fraud – Subjective falsity
- Civil rights – Teacher – Termination – 'Public dissemination'
- Habeas corpus – First-degree felony murder
- Civil rights – Wrongful arrest – Qualified immunity
- Bankruptcy – Student loans – Hardship
- Employment – Overtime – 'Seaman' exemption
- Negligence – Wrongful death – Fetus – Viability
- Civil practice – Subpoena – Enforcement
- Products Liability – Water Heater – Delay In Filing Claims
- Civil Rights – Sheriff's Department Employee – Political Discrimination – Due Process
- Bankruptcy – Contempt – Discharge Injunction
- Civil Rights – False Arrest – DNA
- Insurance – Construction Project – Defects
- Habeas Corpus – 'Mixed' Petition
- Labor – Foreign Workers – Seasonal Employment
- Patent And Trademark – Counsel Fees
- Civil Rights – Counsel Fees
- Motor Vehicles – Dealership – G.L.c. 93B – No Harm
- Patent And Trademark – Infringement Claims – Standing
- Products Liability – Diet Drugs – Class Action – Diversity Jurisdiction
- Contract – Forum Selection Clause – Injury On Cruise Ship
- Securities – Class Action – Failure To State Claim
- Labor – Overtime – Police Department
- Evidence – Admissibility Of Prior Conviction
- Elections – Initiative Petition – Public Support For Religious Schools
- Jurisdiction – Diversity – Substitution Of Party
- Consumer Protection – Pilotage Fees – Collection
- Constitutional – Questioning By Federal Agents – 5th And 6th Amendments
- Parent And Child – Removal Of Children – Hague Convention
- Habeas Corpus – Conviction For Assault With Intent To Rape
- Insurance – Long- Term Disability Benefits – Denial Of Claim
- Securities – Fraud Allegations – Bankruptcy Process
- Securities – Fraud – PSLRA
- Employment – Handicap Discrimination – ADHD
- Copyright – Musical Composition
- Habeas Corpus – Double Jeopardy
- Criminal – Sentencing – Criminal History – Prior Convictions
- Environmental – Decontamination
- Taxation – Personal Liability
- Patent And Trademark – Infringement – Dental Device
- Habeas Corpus – 'Mixed' Petition
- Attorneys – Fees – Civil Rights Matter
- Administrative – Fishing – Civil Penalty
- Zoning – Wireless Communications Equipment – TCA
- Criminal – Receipt Of Stolen Moneys – Filing Of False Tax Return – Sentencing
- Habeas Corpus – Untimely Petition
- Contract – Arbitration Clause – 'Added Term'
- Search And Seizure – Fourth Amendment Violations By Troopers
- Municipal – Whistleblower – Police Department
- Jurisdiction – Amount In Controversy
- Habeas Corpus – Waiver Of Right To Be Present At Trial
- Employment – Disability Discrimination Claim – ADHD
- Habeas Corpus – Claim Of Innocence – Affidavits
- Jurisdiction – Personal – Breach Of Contract Claim
- Insurance – Duty To Defend – Price Fixing
- Insurance – Nonmonetary Claims – Subpoena
- Employment – Termination – College Professor
- Arbitration – Claims Against Mortgage Company And Bank
- Education – Student Expulsion – IDEA Claim
- Social Services – Disability Benefits – Shoulder Pain – Mental Impairment
- Contract – Breach – Franchise Agreements
- Bankruptcy – Collateral Action – Challenge To Printing Press Sale
- Jurisdiction – Trademark Infringement Action
- Civil Practice – Preliminary Injunction – Administrative Duties – Sale Of Loans
- Civil Rights – Claims Against Police Officer And Town
- Arbitration – Motion To Vacate Award – Timeliness
- Employment – ADA – Deafness – Airline
- Bankruptcy – Motion For Relief From Stay
- Habeas Corpus – Double Jeopardy And Due Process Claims
- Bankruptcy – Petition Preparers – Unauthorized Practice Of Law
- Civil Rights – Unconstitutional Ordinance – Counsel Fees
- Attorneys – Legal Malpractice – Patents
- Retirement – ERISA – Total Disability – COBRA
- Jurisdiction – Personal – Comments Made On Television Show
- Habeas Corpus – Murder – Assistance Of Counsel
- Contract – Commission – Real Estate Broker
- Environmental – Fishing Restriction – Mootness
- Insurance – ERISA Preemption – Removal – G.L.c. 93A/176D
- Search And Seizure – Auto Stop – Pat Frisk
- Bankruptcy – Chapter 13 – Good Faith
- Constitutional – Drug Testing – MBTA
- Insurance – Total Disability Benefits – Termination
- Criminal – Possession Of Ammunition By Felon – Sentencing
- Retirement – ERISA – Breach Of Fiduciary Duty – Attorney's Fees
- Negligence – Motor Vehicle Accident – Government Employee
- Contract – Assignment Of Patent Rights
- Civil Rights – Subdivision – Waiver
- Constitutional – Gun Control – Vagueness
- Attorneys – Vicarious Liability – Partnership By Estoppel – Release
- Employment – Conditional Offer Of Employment – State Police
- Antitrust – Professional Soccer League
- Civil Practice – Motion For Reconsideration
- Immigration – Discretionary Relief – Unrelinquished Domicile
- Bankruptcy – Defalcation – Nondischargeable Debt – Executor Of Estate
- Constitutional – Commerce Clause – City Ordinance
- Patent And Trademark – Infringement Claim – Standing
- Bankruptcy – Legal Malpractice Claims – Property Of Estate
- Contract – Settlement Agreement – Negotiations
- Consumer Protection – G.L.c. 93A – Ship Owners' Refusal To Pay Pilotage Fees
- Habeas Corpus – Claims Of Jury Instruction Error And Ineffective Assistance
- Copyright – Infringement – Songs – Tavern
- Damages – Breach Of Contract – 'Minimum Order Quantity'
- Taxation – Request For Refund Of Penalties
- Criminal – Bank Fraud – Speedy Trial Act Violations
- Constitutional – Tobacco Regulation – Disclosure
- Tort – Wrongful Death – Ku Klux Klan Act
- Attorneys – Accounts Receivable – Law Firm Dissolution
- Workers' Compensation – Fraud – Attorney – G.L.c. 93A
- Constitutional – Tobacco Disclosure Law
- Criminal – Sentencing – Stolen Property – 'Loss' Calculation
- Mortgages – Claim Of Improper Foreclosure – FDIC
- Criminal – Importation Of Marijuana – Sufficiency Of Evidence
- Antitrust – Professional Soccer
- Employment – ADA – Tardiness – Arthritis
- Negligence – Snowblower Discharge Against Window
- Jurisdiction – Federal Court – Minimum Damage Threshold
- Criminal – Carjacking – Carrying Or Using Firearm During Crime Of Violence
- Arbitration – Union Grievance – Complaint Seeking To Vacate Award
- Jurisdiction – Removal – Timeliness – Fraudulent Joining Of Massachusetts Defendant
- Civil Practice – Default – Failure To Appear
- Tort – Tobacco – Union Health Fund – Subrogation
- Employment – Handicap – Arthritis – Chronic Lateness
- Civil Rights – Attack On Inmate
- Employment – Discrimination – Perceived Handicap – Obesity
- Tort – Interference With Business Relations – Fraud – Deceit
- Zoning – Telecommunications Tower – Timely Action – Emergency Repairs
- Criminal – Pretrial Detention
- Prisons – Supervisory Liability – No Deliberate Indifference
- Domestic Relations – ICARA – Wrongful Retention Of Children – 'Habitual Residence'
- Securities – Fraud – Underwriters – Direct Purchase
- Social Services – Disability Benefits – Ribbon Machine Operator – Back Pain
- Negligence – Failure To Warn – Pneumatic Tourniquet
- Patent And Trademark – Pregnancy Tests – Preliminary Injunction
- Judges – Recusal – Judge Named As Defendant
- Social Services – Disability Benefits – Claim Denial
- Arbitration – Refusal To Postpone Hearing
- Tort – Misrepresentation – Unfair Trade Practices
- Retirement – ERISA – Long-Term Disability Benefit Denial
- Constitutional – Parade Permit – First Amendment
- Admiralty – Jones Act Claims – Waiver
- Retirement – Severance Benefits – No 'Employment Benefit Plan'
- Employment – Equal Pay Act – Individual Liability
- Employment – Termination – Breach Of Contract Claim
- Tort – Invasion Of Privacy – Reckless Infliction Of Emotional Distress
- Criminal – Motion For Sentence Reduction -'Crack'
- Education – Denial Of Financial Aid – Law Student
- Products Liability – Cardiac Pacemaker – Atrial Lead
- Employment – Random Drug Testing – Preemption Of State Laws
- Negligence – Homeowners – Injury To Grandson – Snowblowing Accident
- Employment – Title VII – Retaliation – Individual Liability – FMLA
- Employment – Firing Of Teacher – Sending Of Lewd Note To Student
- Employment – Preemption – Federal Labor Management Relations Act
- Employment – Drug Testing – Alleged Unreasonable Searches And Seizures
- Civil Practice – Abstention – License – Car Wash
- Prisons – Alleged Civil Rights Violations
- Prisons – Telephone Regulations
- Bankruptcy – State Trust Fund Taxes – Liability Of Corporation's Part Owner
- Insurance – Disability Policy – Cancellation
- Employment – Age Discrimination Claim – ADEA
- Tort – Unfair Competition – Fresco Reproductions – Preliminary Injunction
- Tort – Defamation – Failed Romantic Relationship
- Patent And Trademark – Infringement – Assignment Of Patents – Doctrine Of Equivalents
- Civil Practice – Class Certification – Antitrust Suit
- Antitrust – Soccer – 'Transfer Fee'
- Employment – Noncompetition Agreement – Choice-Of-Law Provision – California Law
Decisions Reviewed on Appeal
- Habeas corpus – Speedy trial
- Products liability – Design defect – Warranty of merchantability
- Immigration – Visa petition – Reclassification
- Civil practice – Civil commitment – Conditional release
- Volvo dealerships lose fight over rates of reimbursement
- Contract – Chapter 93B – Franchise obligations
- Criminal – Sentencing – Child pornography
- Contract – Trade secrets – Expiration
- Jury and jurors – Bias – Capital punishment
- Criminal – Sentencing – Acquitted conduct
- 1st Circuit revives Title IX hostile environment suit
- Education – Deliberate indifference – Harassment
- Criminal – Firearm – Willfulness
- Consumer protection – Preemption – Dietary supplements
- Criminal – Restitution – Turnover
- Bankruptcy – Dismissal – Quarterly reports
- Criminal – Sentencing – Substantial assistance
- Civil rights – Police – Deliberate indifference
- Criminal – Supervised release – Internet restriction
- Employment – Discrimination – Race
- Criminal – Compassionate release – First Step Act
- Criminal – Payroll tax – Willfulness
- Jurisdiction – Forum non conveniens
- Criminal – Entrapment – Child pornography
- Search and seizure – Arrest – Probable cause
- Labor – Fair representation – Race – Retaliation
- Contract – Forum selection clause – Subcontract
- Employment – Retaliation – Firefighter
- Criminal – Death sentence – Voir dire
- 1st Circuit vacates Tsarnaev death sentence
- Securities – Scienter – Drug manufacturer
- Prisons – Qualified immunity – Interlocutory appeal
- Criminal – Impeachment – Guilty verdicts
- Employment – Discrimination – Pretext
- Search and seizure – CSLI – Vehicle
- Arbitration – Fees – Postponement – ‘Undue means’
- Criminal – Drug quantity
- 1st Circuit hears appeal of Boston Marathon bomber Dzhokhar Tsarnaev
- Criminal – Forfeiture – Proportionality
- Maritime – Jones Act – Cabotage – Waiver
- Jury and jurors – Voir dire – Racial bias – Haitian background
- Employment – Tips – Administrative charge
- Insurance – IP exclusion – Trademark infringement
- Labor – LMRDA – Inspection – Notes
- Consumer protection – Computer Fraud and Abuse Act – Damages threshold
- Taxation – Foreign tax credit
- Negligence – Fiduciary duty – Qualified privilege
- Jurisdiction – Personal – Franchise agreement
- Civil service – Promotional exam – Disparate impact
- Jurisdiction – Transfer – 28 U.S.C. section1631
- Criminal – Prostitution – Sex trafficking – Aiding and abetting
- Criminal – RMV employee – Mail fraud – Hobbs Act
- Negligence – Medical malpractice – Expert
- Criminal – Extortion – Voicemail
- Jurisdiction – Personal – Wage Act
- Mortgages – Limitations – TILA – G.L.c. 93A
- Arbitration – Waiver – Litigation conduct
- Securities – Class action – Notice – Fees
- Habeas corpus – Courtroom closure
- Bankruptcy – Mortgage – Certificate of acknowledgement
- Criminal – Confrontation – Cooperating informant
- Insurance – Flood – Basement
- Criminal – Speedy trial
- Bankruptcy – Expert evidence – Fiduciary duty
- Habeas corpus – Voice identification
- Parent and child – Hague Convention – ‘Grave risk’
- Employment – FLSA – Overtime – ‘Highly compensated employees’
- Criminal – Crack – Overview testimony
- Employment – G.L.c. 93A – Independent contractor
- Securities – Merger – Discovery
- Civil practice – Settlement – Repudiation
- Securities – Fraud – Pleading standard
- Employment – Drug testing – Hair samples
- Employment – Retaliation – FLSA
- Criminal – Closing argument – New trial
- Criminal – Terrorism
- Civil practice – Commitment – SDP
- Contract – Limitations – Claim preclusion
- Civil rights – Retaliation – Securities regulation
- Evidence – Wiretap recordings – Police witness
- Criminal – Wire fraud – Conspiracy
- Zoning – Adult entertainment
- Insurance – Fraud – Interstate commerce – Voir dire
- Civil practice – Trustee process – Antiquities
- Tort – Defamation – Tortious interference
- Insurance – ‘Malpractice’ policy – Antitrust exclusion
- Criminal – Drug quantity – Recordings
- Search and seizure – Cell phone
- Criminal – Wire fraud – Jury nullification
- Consumer protection – Debt collection – Release – Fraud
- Search and seizure – Automobile – Passenger
- Patent and trademark – Willfulness – Damages
- Consumer protection – G.L.c. 93A – Price-fixing scheme
- Banks and banking – Limitations – Check
- Employment – FLSA – Pleading
- Civil practice – Default – Discovery
- Employment – Discrimination – Qualifications
- Labor – LMRA – Class action
- Patent and trademark – Preliminary injunction – Presumption of irreparable harm
- Civil rights – House of Correction – Addiction
- Criminal – Restitution
- Evidence – Expert – Benzene – Leukemia
- Habeas corpus – Ineffective assistance claims
- Criminal – Felon in possession of firearm
- Constitutional – Retention and use of DNA sample
- Criminal – Out-of-court co-conspirator statements
- Criminal – Drug trafficking – Wiretaps
- Habeas corpus – voir dire
- Insurance – Long-term disability benefits – Denial
- Habeas corpus – Nonprosecution agreement – Informant
- Attorneys – Contempt – Sealed documents
- Habeas corpus – First-degree murder – Jury instructions
- Municipal – Police detective – Retaliation – Recall election
- Habeas corpus – First-degree murder – Clergy
- Constitutional – Military policy – ‘Don’t Ask, Don’t Tell’
- Contract – Royalties – Termination
- Criminal – Child pornography
- Criminal – Sentencing – Firearms dealing
- Habeas corpus – Exhausted and unexhausted claims
- Insurance – Duty to defend – Antitrust
- Civil practice – Interpleader – State immunity
- Criminal – Evasion of federal fuel excise taxes
- Habeas corpus – Due process rights
- Criminal – Police officers – Witness tampering – Obstruction of justice
- Habeas corpus – Exhaustion requirement
- Corporate – Director – Insider trading – Indemnification
- Criminal – Narcotics – Carrying a firearm
- Criminal – Felon in possession of handgun
- Bankruptcy – Student loans – Bipolar disorder
- Criminal – Sentencing – Guidelines
- Employment – Handicap discrimination – Money damages – Title III of ADA
- Criminal – Attempted arson – Motion to suppress
- Securities – Fraud – Subjective falsity
- Civil rights – Teacher – Termination – 'Public dissemination'
- Civil rights – Wrongful arrest – Qualified immunity
- Habeas corpus – First-degree felony murder
- Employment – Overtime – 'Seaman' exemption
- Products Liability – Water Heater – Delay In Filing Claims
- Civil Rights – Sheriff's Department Employee – Political Discrimination – Due Process
- Civil Rights – False Arrest – DNA
- Motor Vehicles – Dealership – G.L.c. 93B – No Harm
- Contract – Forum Selection Clause – Injury On Cruise Ship
- Securities – Class Action – Failure To State Claim
- Evidence – Admissibility Of Prior Conviction
- Jurisdiction – Diversity – Substitution Of Party
- Consumer Protection – Pilotage Fees – Collection
- Employment – Handicap Discrimination – ADHD
- Taxation – Personal Liability
- Criminal – Sentencing – Criminal History – Prior Convictions
- Habeas Corpus – Double Jeopardy
- Habeas Corpus – Untimely Petition
- Search And Seizure – Fourth Amendment Violations By Troopers
- Municipal – Whistleblower – Police Department
- Habeas Corpus – Waiver Of Right To Be Present At Trial
- Habeas Corpus – Claim Of Innocence – Affidavits
- Insurance – Duty To Defend – Price Fixing
- Insurance – Nonmonetary Claims – Subpoena
- Habeas Corpus – Murder – Assistance Of Counsel
- Insurance – ERISA Preemption – Removal – G.L.c. 93A/176D
- Environmental – Fishing Restriction – Mootness
- Criminal – Possession Of Ammunition By Felon – Sentencing
- Constitutional – Gun Control – Vagueness
- Antitrust – Professional Soccer League
- Criminal – Bank Fraud – Speedy Trial Act Violations
- Constitutional – Tobacco Regulation – Disclosure
- Attorneys – Accounts Receivable – Law Firm Dissolution
- Workers' Compensation – Fraud – Attorney – G.L.c. 93A
- Criminal – Sentencing – Stolen Property – 'Loss' Calculation
- Employment – ADA – Tardiness – Arthritis
- Negligence – Snowblower Discharge Against Window
Articles about the judge, quoting the judge, etc.
- Defense attorneys for Boston Marathon bomber seek recusal of judge
- Ex-collector brings race-bias suit against Andover debt firm
- After decades of service, courtroom sketch artist dies at 84
- Parties offer arguments on FMC Devens class certification
- Parties argue over TRO in case involving federal medical center, COVID-19
- Jurisdiction – Personal – Foreign manufacturer
- Decisions offer guidance on personal jurisdiction limits
- LTD benefits for physical, mental disability can differ
- Debtor’s ex-counsel denied unpaid fees
- Citing simplicity of case, judge slashes fee request
- Fired officers can’t sue city
- Fall River attorney vows to appeal strip-club decision
- Prosecutor at center of health-care trial blunder steps down as unit chief
- The other Bob Marley
- Defense opening upends gov’t case
- Federal judge: non-compete unenforceable
- Disciplinary case cries out for resolution
- Discipline case against prosecutor stalls
- Judge tosses suit of man fired for smoking
Evaluations from Lawyers
4 = Excellent 3 = Good 2 = Fair 1 = Poor
|
|
Comments
1) My comments are somewhat limited because my experience with Judge OToole has entirely involved pre-trial proceedings, not trials. However, in that context I have found him to be one of the best-prepared, most courteous judges I have ever known.
