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7 Winthrop Street Essex, Massachusetts 01929-1203 Tel: (978)768-6610 Fax: (978)768-6570 E-Mail: dpd@certworthy.com |
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Some highlights of Mr. Derrick's appellate participation include: –representing the petitioner-attorney in Elaine Boyd v. Roy Wisdom et al., U.S. Supreme Court No. 05-603, where the petitioner was punished with substantial financial sanctions and referred for disciplinary proceedings for bringing a fair housing claim in federal district court. On the strength of the petition for certiorari which challenged the due process deprivations incident to the proceedings, a settlement in favor of the petitioner was reached within a week of the Supreme Court's scheduled vote on the petition. The disciplinary proceedings were dismissed as well on the strength of the petition. -representing the petitioner and authoring the prevailing petition for certiorari in Blaisdell v. City of Rochester, 544 U.S. ___(2005), where the United States Supreme Court GRANTED the petition, VACATED the judgment below and REMANDED the case to the First Circuit Court of Appeals on the issue of whether the doctrine of federal jurisdiction expressed in Rooker v. Fidelity Trust Co., 263 U.S. 413(1923) and District of Columbia Court of Appeals v. Feldman, 460 U.S. 462(1983), was wrongly applied in order to deprive the petitioner of a trial on his civil rights claims in federal court. -representing the grandfather and authoring the prevailing Brief in Blixt v. Blixt, 437 Mass. 649 (2002), which established the constitutionality of the grandparent visitation statue (G.L.c. 119, Section 39D). The decision, reported on the Boston Globe's front page of September 10, 2002, was selected by Lawyers Weekly as the second most important opinion of 2002. (See Lawyers Weekly, January 6, 2003). Blixt's sense of the evolving nature of the family in the twenty-first century provided a crucial part of the rationale for the High Court's recognition of same-sex marriage in Goodridge v. Dept. of Public Health, 440 Mass. 309 (2003). -preparing an interlocutory appeal on behalf of Thomas Junta incident to the "Hockey Dad" criminal prosecution, Commonwealth v. Junta, Middlesex Superior Court Docket No. 2000-1000, selected by Lawyers Weekly as one of the 30 most memorable cases of the last 30 years. (See Lawyers Weekly, September 16, 2002). -authoring the prevailing Brief on behalf of the father in Custody of Vaughn, 422 Mass. 590 (1996), which established the need for assessing domestic violence by both parents when making child custody determinations. -authoring Briefs in MacDougall v. Acres, 427 Mass. 363 (1998), Hillier v. Hillier, 41 Mass. App. Ct. 486 (1996), Delk v. Gonzales, 421 Mass. 525 (1995), and Custody of Brandon, 407 Mass. 1 (1990), all seminal decisions in the law of interjurisdictional child custody disputes. -authoring the prevailing Brief in Bouchie v. Murray, 376 Mass. 524(1978), establishing the inadmissibility of "totem-pole" hearsay evidence in hospital and medical records. -authoring the prevailing Brief in Costello v. Pet, Inc., 17 Mass. App, Ct. 382(1984), which reaffirmed the fundamental rules of offer and acceptance in contrat law. -authoring the prevailing Brief in Barry v. Barry, 409 Mass. 727(1991), which established the time limits within which an ex-spouse may seek the modification of an alimony award. -authoring the prevailing Brief in Boudreau v. Landry, 404 Mass. 528(1989), holding that a minor plaintiff's insanity would toll the running of the statute of limitations for bringing a medical malpractice action. –authoring Briefs in C.D.L. v. M.M.L., 72 Mass. App. Ct. 146(2008), Sampson v. Sampson, 62 Mass. App. Ct. 366(2004); Boulter-Hedley v. Boulter, 429 Mass. 808(1999); Beaulieu v, Beaulieu, 46 Mass. App. Ct. 850(1999); Smith-Clarke v. Clarke, 44 Mass. App. Ct. 404(1998); Savides v. Savides, 400 Mass. 250(1987); Fugere v. Fugere, 24 Mass. App. Ct. 758(1987); Duro v. Duro, 392 Mass. 574(1984); Belsky v. Belsky, 9 Mass. App. Ct. 852(1980); and the Kennedy trilogy of appeals, all important precedents in family law. –authoring the appellants' Briefs in Massand v. MMJUA, 420 Mass. 690(1995) and Daniels v. Board of Registration in Medicine, 418 Mass. 380(1994), both noteworthy decisions addressing the process constitutionally due doctors when fixing malpractice insurance rates or in license revocation proceedings. – authoring the prevailing Brief in Hannon v. Original Gunite Aquatech Pools, Inc., 385 Mass. App. Ct. 813(1982), a decision addressing remedies available under the Consumer Protection Act.
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