Law Office of

Matthew H. Feinberg

Mediator at Boston Area Mediation Services

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Case Law

MASSACHUSETTS STATE AND FEDERAL APPEALS:

    In the United States Supreme Court:
  • Rendell-Baker v. Kohn, 457 U.S. 830 (1982) - discussion of state action requirement in civil rights suit against private school deriving most of its income from public sources and regulated by public authorities
  • In Re: Walter Roche, 448 U.S. 1312 (1980) - opinion of J. Brennan, Circuit Justice, ordering stay of execution of jail sentence imposed on television investigative reporter cited for contempt by Massachusetts Supreme Judicial Court
  • Smith v. Goguen, 415 U.S. 566 1974) - successful challenge to Massachusetts flag desecration statute on grounds of vagueness (on brief)
  • Johnson v. Robison, 415 U.S. 361 (1974) - conscientious objector's equal protection claim that his completion of alternative service entitled him to veteran's educational benefits (on brief)
    Federal Cases:
  • United States v. Yefsky, No. 90-1222 (1st, 1991) - government confessed error upon the filing of appellant's brief, resulting in reversal of mail fraud and tax offenses
  • Lovett v. Butterworth, 610 F. 2nd 1002 (1979) - petition for habeas corpus granted on grounds of prosecutorial misconduct
    State Cases:
  • Commonwealth v. Juan Pagan, 73 Mass. App. Ct. 369 (2008) - degree of murder reduced after trial
  • Commonwealth v. Malone, 65 Mass. App. 285 (2005) - murder indictment dismissed following successful challenge to denial of speedy trial rights
  • Commonwealth v. Sim, 39 Mass. App. Ct. 212 (1995) - appeal of second-degree murder conviction, raising double jeopardy challenge to sufficiency of evidence at first trial, which resulted in a mistrial
    Civil Litigation Appeals
  • Perry v. Blum, et al., 629 F. 3d 1 (1st, 2010) - complex real estate/commercial paper dispute; equitable principles
  • Van Brode Group v. Bowditch & Dewey, 36 Mass. App. Ct. 509 (1994) - raising issue of the scope of the duty of a large multi-service law firm to a group of clients composed of a closely-held family of corporations controlled by a single individual
  • In the Matter of Walter F. Roach, Jr., 381 Mass. 624 (1980) - discussion of a reporter's privilege under the First Amendment to protect a confidential source
  • Inmates of Suffolk County Jail v. Eisenstadt, 494 F. 2d 1196 (1st, 1974) - civil rights action challenging unconstitutional conditions of confinement at county jail