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Massachusetts Lawyer Search - Listings for Cocciardi Peter J Atty
Name: Cocciardi Peter J Atty
Address: 459 Broadway Everett, MA 02149
Phone Number: 617-387-1977
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Cases related to this attorney's specialties:
REED, GORDON v. LANDSTAR LIGON INC. FILED United States Court of Appeals 1000 Tenth Circuit DEC 11 2002 PATRICK FISHER Clerk PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT KIRK REED and JENNIFER GORDON, Parents of Travis Reed, Deceased, Plaintiffs - Appellants, v. No. 01-7056 LANDSTAR LIGON INC., a corporation, JACK PIERCE TRUCKING CO., and DONALD LEE LAMBERTSON, Defendants - Appellees. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA (D.C. No. 00-CV-397-P) Edward J. Kionka (S. Daniel George, Sallisaw Oklahoma, and H. Ray Hodnett, Van Buren, Arkansas, with him on the briefs), Carbondale, Illinois, for Plaintiffs-Appellants. Joseph R. Farris (Jody R. Nathan with him on the brief), Feldman, Franden, Woodard & Farris, Tulsa, Oklahoma, for Defendants-Appellees. Before MURPHY, ANDERSON, and BALDOCK, Circuit Judges. BALDOCK, Circuit Judge. This is a negligence action brought in federal court under diversity jurisdiction. See 28 U.S.C. 1332. Plaintiffs' fifteen-year-old son, Travis Reed, was driving an all terrain vehicle on a rural road in Oklahoma when a truck driven by Defendant Lambertson struck and killed him. A jury returned a verdict for $500,000, and apportioned sixty percent fault to the truck driver and forty percent fault to Travis, resulting in an overall verdict for Plaintiffs for $300,000. Plaintiffs appeal only the jury's apportionment of fault, arguing the district court improperly instructed the jury that the all terrain vehicle was illegally on the road at the time of the accident. We have jurisdiction under 28 U.S.C. 1291. We affirm. I. In April 2000, Plaintiffs attended a family gathering in rural farm country in Oklahoma. Plaintiffs' son, Travis Reed, wanted to drive his grandfather's all terrain vehicle (ATV) to his aunt's home nearby. After receiving permission to take the ATV, Travis drove it down the driveway and onto the roadway. On the road, a hill prevented easy observation of oncoming traf...
BELL v. FUR BREEDERS AGRIC. FILED United States Court of Appeals 1000 Tenth Circuit NOV 7 2003 PATRICK FISHER Clerk PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT JOHN M. BELL, a/k/a Jack Bell; JOHN ROBERT BELL, a/k/a Bob Bell, Plaintiffs-Appellants, No. 01-4252 v. FUR BREEDERS AGRICULTURAL COOPERATIVE, a cooperative organized under the laws of Utah; DANE DIXON, JACK MARCHANT, STAN PETERSON, STAN STUART, KENT VERNON, and RICK WESTWOOD, former directors/members of Fur Breeders Agricultural Cooperative, Defendants-Appellees. Appeal from the United States District Court for the District of Utah (D.C. No. 96-CV-939-ST) Roy B. Moore (Tiani Xochitl Coleman, Salt Lake City, Utah, with him on the briefs) of Roy B. Moore P.C. & Associates, Midvale, Utah, for Plaintiffs- Appellants. Perrin R. Love (Wendy B. Crowther of Clyde, Snow, Sessions & Swenson; and R. Scott Rawlings with him on the brief) of Clyde, Snow, Sessions & Swenson, Salt Lake City, Utah, for Defendants-Appellees. Before HARTZ and McKAY, Circuit Judges, and BRORBY, Senior Circuit Judge. BRORBY, Senior Circuit Judge. This appeal arises from an action brought by John M. (Jack) Bell and John Robert (Bob) Bell against Fur Breeders Agricultural Cooperative and its former directors and members of the board of directors. The Bells allege that while they were members of the cooperative, Fur Breeders committed antitrust violations pursuant to Section 1 of the Sherman Antitrust Act (Sherman Act), 15 U.S.C. 1, and Section 2(a) of the Clayton Act, as amended by the Robinson-Patman Act, 15 U.S.C. 13(a). The Bells contend Fur Breeders violated antitrust laws because the discounted price it charged the Bells for feed they hauled themselves did not cover their actual costs, thereby limiting their ability to remain competitive with other cooperative members who ranched within the cooperative's delivery route and paid a different price for delivered feed. The Bells appeal the district court's order granting...
HARVEY v. VENEMAN USCA1 Opinion 04-1379 United States Court of Appeals For the First Circuit _ No. 04-1379 ARTHUR HARVEY, Plaintiff, Appellant, v. ANN VENEMAN, SECRETARY OF AGRICULTURE, Defendant, Appellee. _ APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE [Hon. D. Brock Hornby, U.S. District Judge] _ Before Boudin, Chief Judge, Selya, Circuit Judge, and Schwarzer, (1) Senior District Judge. _ Paula Dinerstein with whom Lobel, Novins & Lamont was on brief for appellant. Susan E. Stokes, Jill E. Krueger, Farmers' Legal Action Group, and Joseph Mendelson III, Center for Food Safety, on brief for Rural Advancement Foundation International-USA, Center for Food Safety, and Beyond Pesticides, Amici Curiae. James Handley, Handley Environmental Law, on brief for Organic Consumers Association, Sierra Club, Public Citizen, Inc., Northeast Organic Farming Association/Massachusetts Chapter, Inc., John Clark, Merrill Clark, Anne Mendenhall, Greenpeace USA, and Waterkeeper Alliance, Amici Curiae. Halsey B. Frank, Assistant United States Attorney, with whom Paula D. Silsby, United States Attorney, was on the brief for appellee. _ January 26, 2005 _ SCHWARZER, Senior District Judge. Arthur Harvey appeals the District Court's grant of summary judgment to Secretary of Agriculture Ann Veneman on Harvey's claims alleging that multiple provisions of the National Organic Program Final Rule ("Final Rule" or "Rule"), 7 C.F.R. Pt. 205, are inconsistent with the Organic Foods Production Act of 1990, 7 U.S.C. §§ 6501-6523 ("OFPA" or "Act"). Harvey appeals on seven of the nine counts he originally brought. For the reasons set forth below, we affirm the judgment on the first, second, fifth, sixth, and eighth counts and reverse on the third and seventh counts, and we remand for entry of judgment in accordance with this opinion. FACTUAL AND PROCEDURAL HISTORY I. OVERVIEW OF OFPA AND IMPLEMENTING REGULATIONS Congress enacted OFPA in 199...
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