Appellate Practice - Paul Shaw

SPGGC, LLC v. Ayotte, Attorney General
    488 F.3d 525 (1st Cir. 2007)

Represented national stored-value card issuer in successful challenge to authority of state to regulate gift cards issued by federally chartered banks, resulting in ruling of first impression that such gift cards are pre-empted by federal law from state regulation.

Vranos v. Franklin Medical Center
    448 Mass. 425 (2007)

Co-counsel for orthopedic surgeon challenging his summary suspension from a hospital medical staff. Decision by Supreme Judicial Court defined the scope of the Massachusetts medical peer review privilege, G.L. c. 111, §§204-205.

Commonwealth v. Gary B. Sbordone
    424 Mass. 802 (1997)

Case of first impression in Massachusetts that held that a private insurance investigator should not have been involved in directing and assisting in a search of a chiropractor’s office.

Massachusetts Housing Finance Agency v. Whitney House Associates et al.
    37 Mass.App.Ct. 238 (1994)

Suit to recover arbitrage losses incurred by client Agency in extending loan commitment to developer. After being denied relief by trial court, Appeals Court ordered judgment for the MHFA in the amount of $188,293.

State Ethics Commission v. John Doe
    417 Mass. 522 (1994)

Case of first impression that determined that the State Ethics Commission did not have authority to issue a subpoena in connection with a preliminary inquiry conducted pursuant to G.L. c. 268B, §4.

St. Germaine v. Pendergast
    416 Mass. 698 (1993)

Decision reviewed the constitutionality of the retroactive application of Chapter 66 of the Acts of 1992 to the defendant in this case.

St. Germaine v. Pendergast
    411 Mass. 615 (1992)

Case of first impression to determine the liability of a property owner for injuries that occur as a result of a violation of the State Building Code. As a result of this decision, the Legislature enacted remedial legislation creating a cause of action for violations of the building code (Chapter 66 of the Acts of 1992).

Varga v. Board of Registration of Chiropractors
    411 Mass. 302 (1991)

Case reviewing standards by which a chiropractor to be judged in determining if violated disciplinary rules and setting out standards for "bias" by a member of board of registration.

Hamed v. Fadili
    408 Mass. 100 (1990)

Case reviewing the discretion of trial judge to permit a plaintiff to amend a complaint for breach of contract during trial to allege a count for fraud that resulted in a $957,000 judgment for client.

Commonwealth v. John Doe
    405 Mass. 676 (1989)

Case of first impression in Massachusetts extending protection afforded by Article 12 of the Massachusetts Declaration of Rights to prohibit a corporate 'record keeper' from being compelled to produce the records of a closely held corporation.

Nigro v. Attorney General
    402 Mass. 438 (1988)

Representation of the Boston Building Trades Unions in challenge to the Attorney General's certification of the initiative petition to repeal the prevailing wage law. (Question No. 2 on the 1988 ballot).

Wynne v. Rosen
    391 Mass. 797 (1984)

Representation of plaintiff in action for malicious prosecution. The Supreme Judicial Court overruled prior case law to allow a plaintiff to initiate an action when the underlying criminal case brought against him was dismissed by entry of a "nolle prosequi."

Samuels Pharmacy v. Board of Registration in Pharmacy
    390 Mass. 583 (1983)

Challenge to administrative search warrant procedure utilized in connection with an investigation of pharmacy for alleged diversion of controlled substances.

Commonwealth v. Sawyer
    389 Mass. 686 (1983)

Appeal from first degree murder conviction prosecuted at the Attorney General's Office. Judgment affirmed.

Commonwealth v. Dutra & Shagoury
    15 Mass. App. Ct. 542 (1983)

Appeal from convictions of aggravated rape prosecuted by Attorney General due to potential conflict of interest by Barnstable District Attorney. Judgments affirmed.

Commonwealth v. Allen
    379 Mass. 564 (1980)

Prosecution of two attorneys and real estate broker for conspiracy to commit arson as part of widescale prosecution for arsons that had occurred in the Fenway area of Boston. Judgments affirmed.

Commonwealth v. McDuffee
    379 Mass. 353 (1979)

Prosecution of insurance broker for perjury by written instrument. Case overruled established decisional law by holding that "materiality" in respect to perjury was a question of fact to be determined by jury.

Commonwealth v. Allen
    378 Mass. 489 (1979)

Case established both the procedure and standards to be followed by criminal defendants seeking a stay of execution of sentence pending an appeal.

Commonwealth v. Garabedian
    8 Mass. App. Ct. 442 (1979)

First appellate decision for failure to file Massachusetts personal income tax returns. Apart from the legal issues involved, case is significant for the quote, "'It's in the mail,' is one of the fabled jests of the bar."

This listing does not include over six federal habeas corpus petitions that were successfully argued to the First Circuit Court of Appeals between 1977-1981.