Judicial Profiles
F. DENNIS SAYLOR IV
U.S. District Court
U.S. Courthouse
One Courthouse Way
Boston, MA 02210
Phone: (617) 748-9152
Judicial Biography
Born:
1955
Year admitted to bar:
1981
Year appointed/elected:
2004, by President George W. Bush
Background
Education:
Harvard Law School, 1981
Northwestern University, 1977
Publications:
Co-author, “Putting a Square Peg in a Round Hole: The Application of Model Rule 4.2 to Federal Prosecutors,” 53 U. Pitt. L. Rev. 458 (1992);
Author, “Prosecutors and the ABA,” ABA Advisory Committee on the Prosecution Function (1992);
Author, “An Overview of Model Rule 3.8(f) and Attorney Subpoenas,” U.S. Department of Justice (internal manual) (1992).
Participation as a Faculty Member or Lecturer:
Lecturer, Massachusetts Continuing Legal Education;
Lecturer, Boston Bar Association;
Lecturer, American Bar Association.
Professional
Legal Employment History:
Partner, Goodwin Procter (1993-2004);
Special counsel and chief of staff to the assistant attorney general, U.S. Department of Justice, Criminal Division, Washington, D.C. (1990-1993);
Assistant U.S. attorney, U.S. Attorney’s Office for the District of Massachusetts (1987-1990);
Associate, Goodwin, Procter & Hoar.
General Character of Law Practice Prior to Judgeship:
“White collar criminal defense, corporate internal investigations and complex business and financial litigation”
Civic and Community Activities
Honors:
Edmund Jennings Randolph Award, U.S. Department of Justice (1993).
Memberships/Affiliations:
Massachusetts Bar Association;
Boston Bar Association;
American Bar Association.
- Reported Decisions
- Other Links
Opinions Summarized in Lawyers Weekly
- Commercial – Chapter 93A – Geographic predicate
- Patent and trademark – Reverse doctrine of equivalents
- Patent and trademark – Invalidity theories
- Education – Admissions and Consumer Transparency Supplement
- Patent and trademark – Expert
- Education – Admissions and Consumer Transparency Supplement
- Criminal – Conspiracy – Methamphetamine
- Employment – First Amendment retaliation
- Immigration – Detention – Adjustment-of-status interview
- Products liability – Class-action waiver – Unconscionability
- Insurance – Roof damage – Plywood installation
- Evidence – Expert – Supplemental report
- Immigration – Habeas corpus
- Immigration – RFRA – ‘Sensitive places’
- Patent and trademark – Spoliation
- Education – Parental opt-out – Curriculum
- Insurance – Duty to defend – Copyright infringement
- Damages – Fees – DTSA
- Patent and trademark – Preliminary injunction
- Consumer protection – Implied warranty – Chapter 93A
- Attorneys – Artificial intelligence – Citations
- Commercial – Chapter 93A – Center of gravity
- Parent can opt child out of LGBTQ+ curriculum
- Education – Parental notification – Curriculum
- Criminal – Pretrial detention – Dangerousness
- Criminal – Pretrial release – Dangerousness
- Civil practice – Service of process – Hague Convention
- Immigration – Habeas corpus – Conditional parole
- Criminal – Falsification of a record – Aiding and abetting
- Criminal – Mental competency
- Habeas corpus – Effectiveness of counsel
- Contract – Termination – Retaliation
- Retirement – Combined-benefits theory
- Employment – Vaccination – Hardship
- Employment – Public policy
- Attorneys – Privilege – Third-party disclosure
- Employment – Hostile work environment
- Arbitration – Pre-judgment interest
- Patent and trademark – Ineligibility – Abstract idea
- Commercial – Trade secrets – Worldwide injunction
- Immigration – Detention – Habeas corpus
- Arbitration – Venue – Transfer
- Defense lawyer stymied in bid for ‘exculpatory’ handgun
- Habeas corpus – Double jeopardy – Mistrial
- Federal judge rules Karen Read can be retried on all charges
- Forfeiture – Firearm – Exculpatory evidence
- Criminal – Wire fraud
- Damages – Pre-judgment interest
- Criminal – Discovery – Late disclosures
- Employment – Retaliation – Arbitration
- Civil practice – Spoliation – Fees
- Employment – Vaccination – Undue hardship
- Criminal – Obstruction of justice
- Employment – Wages
- Civil practice – Pseudonym
- Commercial – Trade secrets – Chapter 93A
- Municipal – Zoo – Endangered Species Act
- Insurance – Homeowner – Fire
- Consumer protection – Fair Credit Reporting Act – Criminal history
- Immigration – Delay – Visa application
- Social services – SSI
- Employment – Vaccination – Religious exemption
- Forfeiture – Proportionality – House
- Jurisdiction – Purposeful availment – Defamation
- Former Celtic’s defamation suit dismissed
- Habeas corpus – Murder – Unlawful possession of a firearm
- Jurisdiction – Firearms – Trafficking into Mexico
- Employment – Misclassification – Class certification
- Employment – Misclassification – Joint employer status
- Employment – FLSA – Collective action
- Insurance – Sewage spill – Mold exclusion
- Retirement – Cost-share obligations – Class certification
- Civil practice – Deposition – Former employee
- Federal judge tosses suit over police shooting of mentally ill man
- Civil rights – Excessive force
- Criminal – Pretrial detention – Flight risk
- Mortgages – Specific performance
- Employment – Limitations – ‘Continuing violation’ doctrine
- Municipal – Regulatory taking
- Civil rights – Police – Sexual misconduct
- Appeals – Stay – Certiorari
- Jurisdiction – California Private Attorneys General Act
- Maritime – Mortgages – Vessels
- Employment – Trade secrets – Precautions
- Employment – Discrimination – Gender
- Products liability – Express warranty
- MDL plaintiffs stuck with $430K in copying costs
- Attorneys – Privilege – Waiver
- Products liability – Bills of costs
- Employment – Exhaustion – Limitations
- Negligence – Entrustment – Driver
- Jurisdiction – Diversity
- Contract – Subcontract – Non-payment
- Fraud – Public disclosure bar – False Claims Act
- Contract – Termination – Retaliation
- Search and seizure – Wiretap warrants – Minimization
- Civil practice – Motion to amend – Delay and futility
- Employment – FLSA – Integrated enterprise
- Employment – FLSA – ‘Economic-reality’ test
- Criminal – Second Amendment – 18 U.S.C. §922(a)(3)
- Products liability – Implied warranty
- Jury and jurors – Voir dire – Private information
- Trial Court facing another ‘toxic workplace’ suit
- Corporate – Capacity to sue – Foreign LLC
- Social services – Disability – RFC
- Employment – Hostile work environment – Court employee
- Social services – Disability
- Arbitration – Stay – NLRB
- Constitutional – Second Amendment – AR-15
- Semiautomatic weapon ban upheld in federal court
- Patent and trademark – Technical expert – State of mind
- Jurisdiction – Diversity – Trusts
- Employment – Limitations – Continuing violation doctrine
- Patent and trademark – Claim construction
- Habeas corpus – Judicial misconduct – Cognitive impairment
- Motor vehicles – USPS – FTCA
- Products liability – Vehicle – Defects
- Jurisdiction – Facebook
- Return of seized property barred by plea deal
- Search and seizure – Plea agreement – Possessory interest
- Consumer protection – Repossession – Consent
- Insurance – Medicare Secondary Payer Act
- Constitutional – Firearms – Second Amendment
- Jurisdiction – Federal-officer removal – Health care provider
- Judge sets aside $500K verdict in commercial fraud case
- Appeals – Interlocutory certification – Kickbacks
- Jurisdiction – Federal-officer removal – Health care provider
- Fraud – Litigation privilege – Emails
- Fraud – False Claims Act – Unjust enrichment
- Employment – Vaccination
- Bankruptcy – Insurance broker – Engagement letter
- Criminal – Release – Revocation
- Products liability – Medical device – Design defect
- Retirement – Plan administrator – Functional fiduciary
- Legal-malpractice insurer dodges $1.1M verdict
- Social services – Disability – RFC
- Employment – Retaliation – First Amendment
- Social services – Disability – Migraines
- Insurance – Notice – ‘Claims made’ policy
- Taxation – Levies – Trust
- Attorneys – Litigation privilege
- Retirement – Misrepresentation – Fiduciary duty
- Patent and trademark – Consumer confusion – Descriptive mark
- Patent and trademark – Assignor estoppel – Privity
- Taxation – Lien – Trust beneficiary
- Arbitration – FLSA
- TD Garden racks up win in fan’s slip-and-fall case
- Administrative – Standing – Information Quality Act
- Contract – Indemnification – Duty to defend
- Insurance – Preemption – ERISA
- Negligence – Mode of operation – Sporting event
- Insurance – Divorce – Beneficiary
- Administrative – Military veteran – Discharge
- Formerly disbarred lawyer soon to be welcome back in federal court, too
- Jurisdiction – Forum non conveniens – Stay
- Social services – Disability – Mental health
- Civil practice – Seal – Deposition
- Products liability – Deviation from intended design – Failure to warn
- Environmental – Endangered Species Act – Elephants
- Constitutional – Standing – Slavery
- Patent and trademark – Statutory estoppel – IPR review
- RICO – Standing – Indirect purchaser
- Civil rights – MCRA – Pear trees
- Employment – Discrimination – Disability
- Insurance – IDV – G.L.c. 93A
- Consumer protection – Telemarketing calls – TCPA
- Education – Title IX – Harassment
- Civil rights – Airport search – Implied cause of action
- Negligence – Municipal liability – Police
- Securities – Settlement – Release
- Insurance – Duty to defend – Contractor
- Products liability – Design defect – Failure to warn
- Contract – Stock-purchase agreement – Insurance
- Judge nixes lawyer’s challenge to Trial Court mask mandate
- Civil rights – Mask mandate – ADA
- Labor – Fiduciary duty – Fund administrator
- Fraud – False Claims Act – Kickbacks
- Tort – Defamation – Malice
- Patent and trademark – Final judgment – Judicial efficiency
- Contract – Transaction fee – Asset sale
- Immigration – Bond hearing – Habeas corpus
- Retirement – Fee award – ERISA
- Negligence – Guns – PLCAA
- Civil practice – Stay – DOJ action
- Patent and trademark – Inequitable conduct – Joint inventorship
- Patent and trademark – On-sale bar – 35 U.S.C. §102
- Social services – Disability – Manipulative limitations
- Arbitration – Trade secrets – Memorandum of understanding
- Tort – TVPA – ‘Commercial sex act’
- Negligence – School trustees – Sexual abuse
- Patent and trademark – Invalidity – Abstract idea
- Retirement – Medical benefits – Cost-share obligations
- Civil practice – Declaratory judgment – Standing and ripeness
- Consumer protection – Preemption – Product label
- Employment – FLSA – Integrated enterprise
- Attorneys – Reinstatement – Disbarment
- Municipal – False Claims Act – Confiscated firearms
- Civil practice – Fee award – Rule 54(d)
- Contract – Consideration – Affiliate sales agreement
- Lawyer racks up wins vs. rapper he’s suing for defamation
- Employment – Commissions – Wage Act
- Education – Limitations – IDEA
- Insurance – Fire – ‘Ordinance or law’
- Retirement – ERISA – Lump sum payment
- Retirement – Plan administrator – Fiduciary status
- Social services – Disability – RFC
- Judge tosses ERISA class action over retirement pay
- Retirement – Joint and survivor annuity – Actuarial assumptions
- Commercial – Vehicle sale – Fraud
- Employment – National origin – Hostile work environment
- New Bedford resident returns to federal court on elephants’ behalf
- Insurance – Proceeds – House fire
- Attorneys – Fees – FLSA
- Civil practice – Prejudgment security – Asset preservation
- Contract – Illegality – G.L.c. 23K
- Employment – Overtime – Equitable tolling
- Real property – Statute of repose – Manufactured home
- Employment – Vaccination – ADA
- Hospital workers lose bid to enjoin vaccine mandate
- Patent and trademark – Non-infringement – Doctrine of equivalents
- Jurisdiction – Removal – Remand
- Investor can recover ‘lost-expectation’ damages
- Patent and trademark – Eligibility – Abstract idea
- Securities – Fraud – Damages
- Patent and trademark – Web analytics – Abstract concepts
- Banks and banking – Immunity – IRS levies
- Municipal – False Claims Act – Firearms
- Civil rights – Qualified immunity – Religion
- Lawyer falsely accused of sexual assault denied section1983 relief
- Civil rights – Arrest – Qualified immunity
- Products liability – Preemption – Warning label
- Email exchange doesn’t divest ‘ex’ as life insurance beneficiary
- Tort – Conversion – Bank account – Life insurance
- Contract – Chapter 93A
- Negligence – Informed consent – Drug study
- Education – Sexual assault – Title IX
- Employment – FLSA – Overtime
- Forfeiture – Retirement account – Spouse
- Criminal – Speedy trial – Pre-indictment delay
- Employment – Contract – Defamation
- Consumer protection – TCPA – Vicarious liability
- Insurance – Suicide – AD&D policy
- Fraud – Kickbacks – False Claims Act
- Judge erases lawyer’s default judgment against rap music mogul
- Jurisdiction – Personal – Social media posts
- Employment – Retaliation – Whistleblower
- Licenses and permits – Piracy – Satellite
- Energy company covered for losses due to town-ordered shutdown
- Insurance – Lost income – Fire
- Employment – FLSA – Limitations
- Civil practice – Costs – Depositions
- Social services – Disability – RFC – Absenteeism
- Retirement – Annuity – ‘Actuarial equivalent’
- Patent and trademark – Assignor estoppel
- Contract – Non-solicitation clause
- Patent and trademark – Trademark counterfeiting
- Employment – Overtime – Outside sales exemption
- Patent and trademark – Abstract idea – Inventive concept
- Patent and trademark – Invalidity – Abstract idea
- Judge: estoppel does not bar patent defense
- Patent and trademark – ‘Gray market’ – Baby strollers
- Criminal – Sentence reduction – First Step Act
- Patent and trademark – Invalidity – Statutory estoppel
- Criminal – Compassionate release – Pandemic
- Licenses and permits – Firearm – Fees
- Habeas corpus – Ineffective assistance – DNA
- Criminal – First Step Act – Sentencing
- Evidence – Confidentiality – Epidemiological study
- Employment – Religious accommodation – Uniforms
- Civil rights – Excessive force – Qualified immunity
- Mortgages – Notice
- Contract – Default judgment – Fraud
- Arbitration – Appointment of arbitrator
- Police officer’s ADA suit survives summary judgment
- Jurisdiction – Removal – Amount in controversy
- Social services – Disability – RFC
- Employment – Disability – PTSD
- Civil rights – Spanish-language advice-of-rights form
- Securities – Issue preclusion – Enforcement action
- Jurisdiction – Removal – Airline
- Insurance – Duty to defend – Human trafficking
- Employment – FMLA – Interference – Retaliation
- Arbitration – ‘Illusory’ promise – Cable subscriber
- Products liability – Regulatory experts – Zofran
- Education – Intervention – Sexual assault
- Products liability – Preemption – Zofran
- Employment – Overtime – Police
- Civil rights – Qualified immunity – Excessive force
- Employment – Retaliation – Discrimination
- Civil practice – Discovery – Late production of documents
- Civil rights – Public accommodation – Train
- Insurance – Auto – Inherent diminution in value
- Search and seizure – Supervised release – Child pornography
- Education – IDEA – Exhaustion
- Employment – FLSA – Class action
- Damages – Pre-judgment interest – Unjust enrichment
- Mortgages – Modification – G.L.c. 244, section35
- Jurisdiction – Removal – Diversity
- Evidence – Expert – Pharmacy
- Insurance – Pedicab – Auto exclusion
- Social services – Disability – RFC – Service dog
- Municipal – Gaming facility – Permitting requirements
- Jurisdiction – Removal – Joinder
- Securities – Fraud – ‘Fully diluted’ shares
- Tort – Motel – Human trafficking
- Civil practice – Petroleum Marketing Practices Act
- Employment – Fair Labor Standards Act – Outside sales exemption
- Products liability – Zofran – Birth defects
- Retirement – Health plan – Eating disorder
- Civil rights – Prisoners – ADA
- Patent and trademark – Claim construction
- Securities – Standing – Motion to amend
- Social services – Disability
- Environmental – EPA – Advisory committees – Grant recipients
- Employment – Municipal code – Good faith and fair dealing
- Telephone Consumer Protection Act class action can proceed
- Consumer protection – Telemarketing – ATDS
- No Massachusetts jurisdiction over online university
- Civil practice – Jurisdiction
- Wrongful-death plaintiff can’t pursue excess coverage
- Civil practice – Claim preclusion
- Zoning – Disability discrimination – Fair Housing Act – ADA
- Mortgages – Assignments – Standing
- Banks and banking – Summary judgment – Embezzlement
- Civil practice – Dismissal – SLAPP
- Criminal – Restitution – Cyberstalking
- Employer in civil contempt for firing employee who participated in class action
- Consumer protection – Credit reporting – Vehicle lease
- Contract – Fraud – Scienter
- Mortgages – Abstention doctrine
- Constitutional – Second Amendment – Licensing
- Mortgages – Loan modification – Statute of limitations
- Civil practice – Patent and trademark – Pharmaceuticals
- Employment – Discrimination – USERRA
- Immigration – Removal proceedings – Habeas relief
- Employment – Covenant not to compete – Preliminary injunction
- Employment – Discrimination – Race – Religion
- Insurance – Home construction – Third-party claim
- Tort – Emotional distress – Airline
- Negligence – Propane – Breach of warranty
- Bankruptcy – Disgorgement – Jurisdiction
- Labor – LMRA – Exhaustion requirement
- Habeas corpus – Immigration – Removal
- Consumer protection – Community theater – Loan
- Civil rights – FTCA – FBI informant
- Retirement – ERISA – Installments – Ripeness
- Insurance – Lapse – Reverse mortgage
- Civil rights – Whistleblower – Police – Property interest
- Employment – Medical history – Questionnaires
- City sued over translation of rights form
- Civil rights – Police – Spanish advice-of-rights form
- Zoning – Cell tower – Telecommunications Act
- Mortgages – HAMP – G.L.c. 93A
- Products liability – Misrepresentation – Drug
- Civil rights – Police dog – Excessive force
- Jurisdiction – Removal – ERISA – Preemption
- Employment – Discrimination – Jurisdiction – USPS
- Education – Fees – Prevailing party
- Civil rights – Police pursuit – Probable cause
- Banks and banking – Statute of limitations
- Employment – Wage Act – Additional defendants
- Employment – HR – CEO – Personal jurisdiction
- Securities – Scienter – Misrepresentations
- Education – Sovereign immunity – Department of Education
- Jurisdiction – FTCA – Administrative claim
- Insurance – Duty to defend – Investment fund
- Contract – Termination clause – Statute of frauds
- Civil rights – Seized firearms – Disposal
- Administrative – HHS – Risk-adjustment program
- Education – Counsel fees
- Habeas corpus – Sentencing – Career offender
- Mortgages – Foreclosure – Ripeness
- Employment – Motion to amend – Futility
- Criminal – RICO – Double jeopardy
- Securities – Fraud – Agent
- Civil rights – MBTA – ADA – Claim preclusion
- Employment – Title VII – Statute of limitations
- City gun policies upheld
- Negligence – Slip and fall – Store – Rug
- Licenses and permits – Firearms – Second Amendment
- Jurisdiction – Personal – RICO
- Habeas corpus – Statute of limitations – Tolling
- Mortgages – Assignment
- Civil practice – Counterclaims – Usury – Motion to amend
- Civil practice – Spoliation – Fees
- Negligence – Compassionate-use protocol – Tribunal
- Mortgages – G.L.c. 93A
- Insurance – Workers’ compensation
- Employment – Release – Insobriety
- Maritime – Deck surface – Negligence – Unseaworthiness
- Civil practice – Contribution – Indemnification
- Education – Title IX – Sexual assault
- Prisons – Statute of limitations – Immunity – Nurse
- Civil rights – Arrest – Mall
- Tort – Defamation – Invention of email
- Patent and trademark – Cleaning products – Consumer confusion
- Harassment claim vs. MIT dismissed
- Education – Harassment – Title IX – Online course
- Social services – Disability – RFC – VE
- Civil practice – Sanctions – Spoliation
- Employment – Pretext – Teacher
- Jurisdiction – Personal – Loan
- Education – IDEA – Private school placement
- Employment – Pretext – Misconduct
- Civil practice – Settlement – Enforceability
- Civil rights – Stolen property – Homeless shelter
- Civil practice – Substitution – Westfall Act
- Attorneys – Fees – Groundless suit
- Employment – Tips – FLSA – Misclassification
- Employment – Class certification – Limo drivers
- Consumer protection – TCPA – Consent
- Jurisdiction – Discovery – Citizenship – LLCs
- Corporate – Successor liability – Drug trial
- Employment – Discrimination – Race
- Corporate – LLC – Individual liability
- Employment – Wages – Duplicative damages – Prejudgment interest
- Mortgages – Modification – ‘Evaluation period’
- Employment – Wages – Limitations – Tolling
- Civil rights – ADA – Golf course
- Lobel loses ADA suit vs. golf course
- Corporate – Opportunity – LLC – Fiduciary duties
- Attorneys’ phony medical study scuttles qui tam case
- Employment – Discrimination – Race and gender
- Attorneys – Fees and costs – Excessive force
- Jurisdiction – Removal – Diversity – Fraudulent joinder
- Insurance – Duty to defend – Product recall
- Attorneys – Misconduct – False Claims Act
- Municipal – Due process – Drawbridge
- Suit over fatal drawbridge accident dismissed
- Judge finds unethical conduct in False Claims Act suit
- Products liability – Zofran – Labeling
- Mortgages – Foreclosure – Certification
- Social services – Child’s impairments
- Taxation – Erroneous refund – Repayment
- Gaming on Martha’s Vineyard not subject to state control
- Attorneys – Fees – Wage Act
- Corporate – Fiduciary breaches – Freeze-out – Remedies
- Municipal – Firefighter – Retaliation – Free speech
- Insurance – Bodily injury – False advertising
- Bankruptcy – Chapter 11 – Appointment of trustee
- Employment – Good faith and fair dealing – Constructive discharge
- Jurisdiction – Property sale – Contacts
- Jurisdiction – Removal – Diversity of citizenship – LLC
- Employment – Discrimination – Retaliation – Hostile work environment
- Attorneys – Fees – ADA
- Employment – Discrimination – Retaliation
- Civil practice – Claim preclusion – Favorable termination rule
- Mortgages – Statute of limitations
- Mortgages – Foreclosure – G.L.c. 244, section14
- Employment – Wage Act – Commissions
- Patent and trademark – Discovery – European proceeding
- Civil practice – Amendment – Delay – Futility
- Insurance – Interpleader – Separation agreement
- Employment – FMLA – Retaliation
- Labor – Fair representation – Timeliness
- Employment – Age discrimination – Pretext
- Products liability – Punitive damages – G.L.c. 93A
- Judges – Recusal – Impartiality
- Prisons – Eighth Amendment – Due process
- Habeas corpus – Conflict of interest – Appealability
- Jurisdiction – Diversity – ‘MassBiologics’
- Jurisdiction – Forum non conveniens – Concurrent litigation
- Jurisdiction – Personal – Construction site
- Employment – FLSA – Overtime – Class certification
- Civil practice – Interstate Horseracing Act – Off-track wagers
- Civil rights – Police – Failure to protect
- Mortgages – Note – Affidavit
- Employment – Former executive – Loan – Severance
- Tort – Privacy – App – VPPA
- Forfeiture – Jurisdiction – Undercover bank account
- Arbitration – Misclassification – Drivers – Lyft
- Judge allows tort claims over rescinded job offer
- Criminal – Child pornography – Search warrant
- Social services – Disability – Chronic pain
- Habeas corpus – Exhaustion requirement
- Employment – Overtime – Wage Act – Limitations
- Jurisdiction – Removal – Additional defendant-in-counterclaim
- Securities – Insider trading – Romantic partnership
- Employment – Rescinded job offer
- Jurisdiction – Venue – Transfer
- Prisons – PTSD – Statute of limitations
- Prisons – Exhaustion of remedies – Service
- Negligence – FTCA – Limitations
- Mortgages – Incapacitated borrowers
- Civil practice – Service of process – Corporate employer
- Securities – Fraud – Scienter
- Patent and trademark – Counsel fees – G.L.c. 93A
- Patent and trademark – Fees – ‘Exceptional’ case
- Jurisdiction – Removal – Fraudulent joinder
- Jurisdiction – ‘Deflategate’ – RICO
- Criminal – Sentencing – Firearm enhancement
- Employment – Discrimination – Religion
- Habeas corpus – COA
- 1st Circuit revives Privacy Act suit targeting USA Today app
- Employment – Retaliation – G.L.c. 111, section72G
- Negligence – Slip and fall – Floor wax
- Jurisdiction – Personal – Pharmaceutical
- Prisons – Deliberate indifference – Punitive damages
- Habeas corpus – Embezzlement
- Employment – Suspension – Discrimination – Negligence
- Attorneys – Fees – Prevailing party
- Habeas corpus – Due process – Grand jury – Firearm
- Insurance – Agency – Causation
- Bankruptcy – Appeal – Mootness
- Criminal – Tax evasion – Speedy trial
- Social services – Overpayment – Disability benefits
- Civil practice – ‘Deflategate’ – Injunctive relief
- Education – University – Sexual misconduct investigation
- Jurisdiction – Forum selection clause
- Arbitration – Annuity
- Jurisdiction – Removal – Time limit
- Criminal – Attempt – Bank robbery
- Civil rights – Excessive force – Pepper spray – Handcuffs
- Products liability – Identity of seller
- Employment – Overtime – Statute of limitations
- Employment – Commissions – Attachment
- Negligence – Medical malpractice – Childbirth – Discovery rule
- Patent and trademark – Infringement – Fitness training
- Patent and trademark – False designation – ‘Made in the USA’ labels
- Patent and trademark – Invalidation – Collateral estoppel
- Jurisdiction – USPS
- Tort – FTCA – Federally supported health care center
- Jurisdiction – Removal – Remand – Police shooting
- Insurance – Duty to defend – Notice – Lack of cooperation
- Fraud – False Claims Act – Hip replacement
- Consumer protection – G.L.c. 93A – ‘Phantom markdowns’
- Employment – Age discrimination – Pretext
- Civil rights – ADA – Coffee shop – Wheelchair
- Education – For-profit schools – Regulations
- Products liability – Drug – Preemption – Discovery
- Attorneys – Factoring agreement – Assignment
- Mortgages – Foreclosure
- Employment – Detrimental reliance – Policy manual
- Tort – FTCA – Burial site
- Education – Sexual assaults
- Evidence – Expert – OSHA regulations
- Social services – Disability – New evidence
- Jurisdiction – Forum selection clause
- Jurisdiction – Personal – Patent
- Products liability – Limitations – Choice of law
- Arbitration – Employment dispute
- Licenses and permits – Gaming – Wampanoag land
- Employment – Overtime – Limitations – Equitable tolling
- Consumer protection – Batteries – Leakage
- Jurisdiction – Removal – Patent
- Attorneys – Fees – Prevailing party
- Attorneys – Fees – Third-party subpoenas – Rule 45
- Arbitration – Counterclaim
- Social services – Medical opinions – Credibility
- Securities – Fraud – Scienter
- Constitutional – Free speech – Police officer
- Civil rights – Police – Excessive force
- Employment – Retaliation – G.L.c. 149, section148A – Severance
- Patent and trademark – Invalidity – Abstract concept
- Consumer protection – Retailer – Discounts
- Agency and partnership – Actual and apparent authority – Ratification
- Evidence – Psychotherapist-patient privilege – Waiver
- Negligence – Scaffolding
- Jurisdiction – Personal – Website
- Employment – Wage Act – Commission
- Municipal – Solid waste facility – Counsel fees
- Civil rights – Arrest warrant – Home entry
- Consumer protection – VPPA – ‘Mobile app’
- Prisons – Single cell – Mental health
- Employment – Discrimination – Age
- Attorneys – Privilege – Waiver – Ineffective assistance
- Labor – LMRA – Repudiation
- Patent and trademark – Job recruitment – ‘Abstract idea’
- Employment – False Claims Act – Retaliation
- Patent and trademark – Trade dress – False advertising
- Prisons – Superintendent – Scope of employment
- Employment – Retaliation – FMLA
- Education – Notebooks – Seizure
- Jurisdiction – Sovereign immunity – Gaming
- Prisons – Excessive force – Improper party
- Jury and jurors – Peremptory challenge – Race – Age
- Prisons – Eyeglasses – Negligence
- Habeas corpus – Detention – Mootness
- Jurisdiction – Removal – Insurance – Duty to defend
- Civil rights – Police shooting – Excessive force
- Patent and trademark – ‘CrossFit’ mark
- Licenses and permits – Firearms – Town policy
- Social services – Disability – Physiatrist’s opinion
- Contract – Stay – Bankruptcy – Abstention
- Contract – Telemedicine
- Civil rights – False arrest – Excessive force
- Damages – Default judgment
- Patent and trademark – Bifurcation
- Fraud – False Claims Act – Off-label use
- Employment – Maternity leave – Mitigation of damages
- Social services – Disability – Credibility
- Habeas corpus – Ineffective assistance – Sentencing
- Consumer protection – Insurance – Website
- Negligence – Slip and fall – Restaurant
- Criminal – Sentencing – Career offender – Resisting arrest
- Criminal – Sentencing – Career offender
- Securities – Class action
- Insurance – LTD benefits
- Products liability – Asbestos – Indemnity
- Employment – Preemption – CBA
- Evidence – Privilege – Crime-fraud exception
- Civil practice – Accounting – Estate
- Bankruptcy – Relief from stay – Discharge
- Attorneys – Disqualification – ‘Advice of counsel’ defense
- Jurisdiction – Removal – Amount in controversy – Forum selection clause
- Habeas corpus – Ineffective assistance
- Securities – Standing
- Employment – Discrimination – Race – Retaliation
- Social services – Disability – Chiropractor – Pain
- Arbitration – Duress – Salvage contract
- Prisons – Medical treatment – Cataracts
- Employment – Overtime – Wage Act – Insurance adjuster
- Administrative – Military records – Correction
- Habeas corpus – Ineffective assistance
- Jurisdiction – Prior pending action doctrine
- Negligence – Slip and fall – Store
- Jurisdiction – Removal – Gaming – Tribal lands
- Consumer protection – TCPA
- Jurisdiction – Forum non conveniens
- Insurance – Uninsured motorist benefits – Wrongful death
- Employment – Wage Act – Severance
- Employment – Pregnancy – Eliminated position
- Civil rights – Malicious prosecution – Res judicata
- Habeas corpus – Post-arrest silence
- Mortgages – Right to cure – Misrepresentation – Chapter 93A
- Forfeiture – Untimely claim – Sovereign immunity – Notice
- Prisons – Visitation – Girlfriend
- Civil practice – Costs – Prevailing party
- Civil practice – Rule 11 – Sanctions
- Prisons – Mental illness
- Tort – Defamation – Twitter
- Evidence – Deliberative process privilege – Work product
- Arbitration – Employment dispute – FINRA
- Employment – Discrimination – Gender – Company policy
- Jurisdiction – Personal
- Securities – Fraud – ‘Off-label’ marketing
- Patent and trademark – T-shirts – ‘Gronk’
- Bankruptcy – Fees – Bad faith
- Licenses and permits – Firearms – First-time applicants
- Tort – Defamation – Online reviews
- Employment – Overtime – Class certification
- Attorneys – Fees – CORI
- Tort – Asbestos – Statute of limitations
- Jurisdiction – Removal – Overtime
- Judges – Recusal
- Negligence – Wrongful death – Agency relationship
- Contract – Misrepresentations – G.L.c. 93A
- Tort – Computer access – Email – Social media
- Contract – Misrepresentations – G.L.c. 93A
- U.S. attorney should stop ‘gotcha’ litigation tactics
- Civil rights – Warrantless entry – Pleadings
- Mortgages – Foreclosure – Loan modification
- Employment – Tortious interference
- Contract – Indemnity – Asbestos
- Insurance – Crime coverage – Third party
- Jurisdiction – Removal – Remand
- Civil rights – CORI
- Civil rights – Excessive force – Failure to train
- Parent and child – Hague Convention – ICARA
- Employment – Associational discrimination – Advocacy
- Retirement – LTD benefits – Discovery
- Attorneys – Malpractice – Suspension
- Admiralty – Settlement agreement
- Landlord and tenant – Fire – Counsel fees
- Jurisdiction – Federal – Traffic accident
- Retirement – ERISA – Jurisdiction
- Habeas corpus – ICE – Supervision
- Bankruptcy – Dischargeability – Automatic stay
- Employment – Contract – Handbook – G.L.c. 151B exclusivity
- Copyright – ‘Trolling’ – RICO
- Jurisdiction – Diversity – Federal question
- Prisons – Deliberate indifference – Nurses
- Tort – Asbestos – Prudential Center
- Employment – Overtime – Managers
- Arbitration – Wage Act
- Patent and trademark – Patentability – Color – Musical notations
- Mortgages – Preemption – ‘Table-funding’
- Freedom of information – CIA – Plane crash
- Social services – Credibility – Pain
- Insurance – Fiduciary duty – ‘Retained-asset accounts’
- Damages – Emotional distress – Fire
- Employment – Firefighter – Gender discrimination – Constructive discharge
- Corporate – Stock purchase agreement – Escrow
- Social services – Disability – ‘Other sources’
- Civil practice – Certified question – Stay
- Environmental – MBTA – Extension – Standing
- Civil practice – Service of process
- Employment – Wage Act
- Mortgages – Foreclosure – Right to cure – Notice
- Attorneys – Disqualification – Conflict of interest – Witness
- Attorneys – Fees – IDEA
- Contract – Third-party beneficiary – Assignment
- Habeas corpus – Sexual assault – Due process
- Civil rights – Search and arrest – Probable cause
- Civil practice – Motion to strike – Memorandum of law
- Habeas corpus – Untimely petition – Tolling
- Habeas corpus – First complaint
- Mortgages – Foreclosure – Notice
- Habeas corpus – Stay
- Patent and trademark – Rock band – J. Geils
- Habeas corpus – Cross-examination – Joinder
- Mortgages – Settlement – Frustration of purpose
- Corporate – Shareholder derivative action – FDA
- Commercial – Freight charges – Financing
- Habeas corpus – Hearsay – Codefendant’s statements
- Patent and trademark – Local Rule 16.6
- Habeas corpus – Exhaustion
- Jurisdiction – Transfer – Wrongful death
- Jurisdiction – Personal – Mongolia
- Civil rights – Unlawful arrest – Municipal liability
- Jurisdiction – Personal – Patent
- Employment – Title VII – Individual liability
- Patent and trademark – Trade dress – Helmets
- Municipal – Immunity – CORI
- Civil practice – Service of process
- Habeas corpus – Ineffective assistance – Right to testify – Malice
- Securities – Hedge fund – Fees – Commissions
- Jurisdiction – Diversity – Removal
- Habeas corpus – Joint venture – Principal liability
- Arbitration – Employee handbook
- Licenses and permits – Gun – Second Amendment – Equal protection
- Patent and trademark – Musical group – Name
- Habeas corpus – Peremptory challenges
- Employment – Retaliation – ADA – FMLA – HIPAA
- Jurisdiction – Removal – Remand – Diversity
- Contract – Performance bond – Assignment
- Copyright – Website – Hacking – Protective order
- Civil rights – Police custody – Wrongful death
- Habeas corpus – Procedural default – Ineffective assistance
- Employment – FLSA – Meal breaks
- Evidence – Expert – Auto accident
- Jurisdiction – Personal – Transfer
- Habeas corpus – section2241
- Fraud – False Claims Act
- Insurance – ‘Retained-asset’ accounts – Fiduciary duty
- Insurance – Duty to defend – Declaratory judgment
- Securities – Class action – Lead plaintiff
- Habeas corpus – Child rape
- Habeas corpus – Exhaustion – Default
- Jurisdiction – First-to-file rule – Patents
- Habeas corpus – Statute of limitations
- Habeas corpus – Statute of limitations – Tolling
- Jurisdiction – Personal – Strip club
- Copyright – Immunity
- Copyright – Television advertisement
- Habeas corpus – Ineffective assistance
- Habeas corpus – Exhaustion
- Habeas corpus – Effectiveness of counsel
- Employment – Non-compete agreements
- Habeas corpus – Statute of limitations – State custody
- Mortgages – Foreclosure
- Copyright – Permissive joinder – Severance
- Jurisdiction – Amount in controversy – Class action
- Jurisdiction – Subject matter
- Environmental – Performance bond – Assignment – Conversion
- Education – Fees – IEPs
- Insurance – Guest house – Good faith and fair dealing
- Bankruptcy – Mortgage – Secured status
- Jurisdiction – Personal
- Commercial – Gas station – Termination of agreement
- Insurance – Fire – Misrepresentation – Emotional distress
- Copyright – Injunction – Status quo
- Mortgages – TPP – Negligent misrepresentation – Breach of contract
- Mortgages – Title insurance – Merger
- Prisons – Parole Board
- Habeas corpus – Discovery – Telephone recordings
- Social services – Continuous disability
- Mortgages – Foreclosure – Standing
- Prisons – Service of process
- Employment – Discrimination – Gender – Age
- Municipal – Police detention
- Civil rights – Arrest – Mistaken identity
- Municipal – Suicide – Standing
- Arbitration – Constructive discharge
- Copyright – Novel – Counsel fees
- Civil rights – Community college – No-trespass order
- Workers’ compensation – Subpoena – Congressman – Chief of staff
- Habeas corpus – Murder – Rape
- Prisons – Employment – Equal protection
- Habeas corpus – Sentencing
- Habeas corpus – Exhaustion – Stay
- Zoning – Adult entertainment
- Zoning – Nude dancing
- Attorneys – Withdrawal – Court-appointed counsel
- Tort – Sexual abuse – Statute of limitations – Memory repression
- Employment – Discrimination – Gender – Harassment
- Education – Fees – Prevailing party
- Negligence – Airline – Federal preemption
- Evidence – Experts – Memory repression
- Mortgages – Refusal to modify
- Commercial – FDCPA – Notice
- Insurance – Personal umbrella policy
- Bankruptcy – Uniform Fraudulent Transfer Act
- Civil rights – Building demolition
- Tort – Negligent Infliction of emotional distress
- Employment – Termination of police officer
- Landlord and tenant – ADA – Fair Housing Act
- Civil rights – Response to domestic dispute
- Contract – Payment of reward
- Commercial – Debt collection fees
- Evidence – Motion to strike
- Employment – Wrongful termination
- Insurance – Accidental death benefits
- Mortgages – Notice – TILA
- Employment – Successor liability
- Mortgages – TILA – Notice
- Negligence – Loss of chedck
- Attorneys – Debt collection
- Criminal – Fraud – Charitable tax exemption
- Civil practice – Qui tam action – Reconsideration
- Patent and trademark – Banks – Confusion
- Copyright – Infringement – Sports print
- Public utilities – Electricity – Fuel-adjusted price
- Civil rights – Developer's action against municipality
- Jurisdiction – Subject matter – Action against receiver
- Trademark and patent – Preliminary injunction
- Constitutional – First Amendment – Illegal recording
- Trademark and patent – Misappropriation of trade secret – G.L.c. 93A
- Criminal – Sentencing – Criminal history category
- Habeas corpus – Peremptory challenges – Gender
- Civil rights – Municipal employee – Lay-off
- Insurance – Life insurance policy – Interpleader
- Damages – Cable programming – Unauthorized reception
- Criminal – Sentencing – Guidelines
- Criminal – Sentence – Review
Decisions Reviewed on Appeal
- Criminal – Sentencing – ‘Career offender’
- Habeas corpus – Parole – Second-in-time petition
- Civil rights – State-created danger
- Fraud – False Claims Act – Causation
- Fraud – False Claims Act – Anti-Kickback Statute
- Fraud – Particularity – RICO
- Negligence – Mode-of-operation theory
- Insurance – Notice – Prejudice
- Administrative – Military discharge
- 1st Circuit: judge’s refusal to give jury duress instruction in drug trial not error
- Criminal – Conspiracy – Duress
- Contract – Public policy – Casino site
- Insurance – Auto – ‘Inherent diminished value’
- Evidence – Patent – Informed consent
- Jurisdiction – PLCAA – Predicate exemption
- Education – IEP meeting – Video recording
- Parent lacks right to videotape IEP meeting
- Jurisdiction – Relatedness – Due process
- Medicare fraud attorneys want answers from 1st Circuit
- Criminal – Wire fraud – PPP loan applications
- Employment – Wage Act – Commissions
- Employment – Retaliation – FLSA
- Jurisdictional issue jeopardizes eight-figure verdict
- Jurisdiction – Diversity – LLCs
- Retirement – Fiduciary status – ERISA
- Contract – Casino site – Gaming Act
- Criminal – Fentanyl – Distribution
- Products liability – Warning – Preemption
- Civil rights – Religious beliefs – Qualified immunity
- Civil rights – Immunity – MTCA
- Habeas corpus – Felony-murder
- Employment – Vaccination policy – Preliminary injunction
- 1st Circuit hands employers pivotal win in FLSA case
- Employment – FLSA – Outside sales exemption
- Insurance – Suicide – Accidental death policy
- Employment – Preliminary injunction – Asset dissipation
- Employment – Vaccination – Exemptions
- Consumer protection – Fair Credit Reporting Act – Class settlement
- Employment – Retaliation – Title VII – Whistleblower
- 1st Circuit revives ex-Trial Court exec’s retaliation suit
- Criminal – RICO – Conspiracy
- Criminal – MS-13 – RICO conspiracy
- Criminal – Perjury – Rwandan genocide
- Negligence – Pharmacy – UCC
- Employment – Disability – Social Security application
- Appeals – Waiver – Successive appeal
- Prisons – Deliberate indifference – Serious medical need
- Fraud – Choice of law – Subcontract
- Criminal – Life without parole – Youth
- Securities – Fraud – FDA
- Habeas corpus – Murder – Joint venture
- Criminal – RICO – Sentence
- Jurisdiction – Online education
- Administrative – EPA – Federal Advisory Committee Act
- Employment – Discrimination – Disability
- Bankruptcy – Settlement – Appeal waiver
- Habeas corpus – Confrontation – Medical examiner
- Criminal – RICO conspiracy – Withdrawal
- Securities – Fraud – Scienter
- 1st Circuit turns back effort to expand IDEA requirements
- Education – IDEA – IEP
- Arbitration – Unconscionability
- Criminal – ACCA – Assault with a deadly weapon
- Patent and trademark – Discovery – Foreign proceeding
- Criminal – Fraud – Government contracts – Veterans
- Criminal – Voir dire – Willful blindness
- Search and seizure – Stop and frisk
- Consumer protection – ‘Induced purchase’ theory
- Consumer protection – Retailer – Pricing – Travel expenses
- Fraud – False Claims Act – Hip-replacement devices
- Securities – Fraud – Scienter – Drug
- Tort – Statute of limitations – Wrongful death
- Securities – Fraud – Scienter
- Administrative – Gaming – Tribal land
- Search and seizure – Traffic stops – Heroin
- Fraud – False Claims Act – Reimbursement
- Habeas corpus – Identification – Scar
- Administrative – Database – Drivers – Safety violations
- Securities – Fraud – Clinical drug trials
- Constitutional – Free speech – Retaliation – Police
- Commercial – Apparent agency
- Consumer protection – App – Video Privacy Protection Act
- Civil rights – Qualified immunity – Police shooting
- Attorneys – Privilege – Crime-fraud exception
- Employment – Overtime – FLSA – Executive exemption
- Habeas corpus – Preemptory challenge – Race
- Labor – Limitations – Waiver
- Search and seizure – Good faith exception
- Arbitration – Duress
- Habeas corpus – Post-Miranda silence
- Prisons – Deliberate indifference – Broken jaw
- Bankruptcy – Asbestos – Statute of limitations
- Securities – Fraud – Scienter
- Habeas corpus – Child rape – Confrontation
- Mortgages – Demand letters – Unjust enrichment
- Mortgages – Modification
- Municipal – Adult entertainment
- Freedom of information – TWA Flight 800
- Bankruptcy – Relief from stay – Discharge
- Insurance – Life – Retained asset account – ERISA
- Jurisdiction – Amount in controversy – TCPA – Insurance
- Parent and child – Hague Convention – Wrongful retention
- Jury and jurors – Peremptory challenges – Habeas corpus
- Criminal – Child pornography – Interstate commerce – Thumb drive
- Habeas corpus – Ineffective assistance – Rape
- Habeas corpus – Principal liability – Inconsistency
- Habeas corpus – Murder – Spoliation – Prosecutorial misconduct
- Search and seizure – Armed IRS agents
- Criminal – Taxes
- Habeas corpus – Codefendant’s statements – Procedural bar
- Fraud – False Claims Act – Drugs
- Criminal – Felon in possession
- Habeas corpus – Evidentiary hearing
- Employment – Discrimination – Islam – National origin
- Negligence – FTCA – VA
- Criminal – Drugs – Entrapment
- Criminal – Conspiracy – Knowledge
- Employment – Wages – Hospital workers
- Criminal – Identity theft – Mail fraud
- Education – IDEA – Individualized education program
- Habeas corpus – Competency to stand trial – Mental illness
- Criminal – Child pornography – Restitution – IP address
- Taxation – Underpayment – Penalty
- Civil rights – X-rays – Fourth Amendment
- Criminal – Conspiracy – IRS
- Bankruptcy – Rule 8006 – Commercial tort claims – Trustee’s standing – Settlement
- Contract – Non-compete agreement – Confidential information
- Bankruptcy – Mortgage – Automatic stay
- Criminal – Sentencing – ‘Mangos’ rule
- Criminal – Sentencing – Ex post facto clause
- Habeas corpus – Hearsay – Confession
- Employment – Disability discrimination claim
- Bankruptcy – Trustee's standing
- Criminal – Wiretap statute
- Criminal – Grand jury witness – Access to transcript
- Fraud – False Claims Act – Particularity
- Insurance – CGL policy – Employee exemption
- Criminal – Sentencing – Upward departure
- Search and seizure – Washing machine – Apartment building landing
- Immigration – Employment-based visa petition
- Civil rights – Arrest
- Criminal – Sentencing – Police officer
- Criminal – Sentencing – Acceptance of responsibility
- Jurisdiction – Removal – Remand
- Arbitration – Differential pay for holidays
- Civil rights – Service of process
- Criminal – Selective prosecution
- Employment – Harassment – Staring – Retaliation
- Bankruptcy – Home – Post-petition sale
Articles about the judge, quoting the judge, etc.
- U.S. District Court tweaks rules to prevent judge-shopping
- Dockets show signs of frustration over judge’s showing on list of long-languishing motions
- Ex-GSA official to be sentenced
- Mask requirement at federal courthouses lifted
- Former AUSA chosen as federal magistrate judge
- Clerk-magistrate challenges Trial Court vaccine mandate
- U.S. District Court Judge Young to retire
- Jury trials return to federal court
- Federal court set to resume limited in-person proceedings
- SJC postpones jury empanelments in response to virus outbreak
- U.S. District Court postpones trials in response to COVID-19
- Courts stepping up to tackle COVID-19 threat
- After powerful testimony from trafficking survivor, motel settles lawsuit
- Lyft drivers bound by ‘clickwrap’ arbitration clause
- Mortgages – Modification – Consent judgment
- Insurance – Investments – Exclusions – ERISA – Professional services
- Drugmaker to pay $125M over fraud
- 1st Circuit upholds, expands ruling on crime-fraud exception
- Removal untimely in patent case
- Employee can’t sue over pregnancy bias
- ‘Ninjas,’ other surprises crop up in CrossFit trademark case
- Getting to know Judge F. Dennis Saylor IV
- Special ed teacher can’t claim associational bias
- Geils can continue suit against band
- McDonald’s prevails in fish filet flap
- Suit vs. JetBlue not preempted by federal law
- Six years later, Worcester businessman still fighting lurid allegations in court
- Saylor picked to sit on FISC
Evaluations from Lawyers
4 = Excellent 3 = Good 2 = Fair 1 = Poor
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Comments
1) Be well prepared. Be civil to brother or sister counsel (and to the Court of course). Recognize the weaknesses of your case and be prepared to deal with them because Judge Saylor will have identified them and will expect you to address them. When trying before a jury, do not attempt to play the stalling game because you want to keep the witness on the stand until the next day. The courtroom has a number of technological bells and whistles that can be used. Practice with them before it is showtime because he will not allow you to waste the time of the court or the jury as you familiarize yourself.
2) Judge Saylor is intelligent, patient, yet decisive and a trial lawyers judge. He is always willing to allow counsel to make his or her argument and listens attentively. He is not afraid to identify areas with which he is unfamiliar and be educated by the parties counsel. He is also not afraid to alter his position if convinced by counsels argument. He is a hard worker and very attentive to the imposition that jury service places upon jurors. He is a terrific judge.
