Jonathan M. Albano

Commercial Matters and Reported Cases

• Hiam v. HomeAway.com, Inc., 887 F.3d 542 (1st Cir. 2018) — Affirming summary judgment in favor of travel website dismissing fraud and unfair business practices claims
• Genereux v. Raytheon Company, __ F.3d __ (1st Cir. 2014) — Affirming summary judgment dismissing medical monitoring putative class action
• Employers Reinsurance Co. v. Globe Newspaper Co., 560 F.3d 93 (1st Cir. 2009) — Reversing summary judgment entered against insured under the known loss insurance coverage doctrine
• Synergistic Technology, Inc. v. Putnam Investments, LLC, 74 Mass.App.Ct. 686, 910 N.E.2d 388 (2009) — Reversing judgment holding company liable for compensatory and punitive damages for hiring consultant known to be subject to non-competition agreement with plaintiff
• Frate v. Jordan’s Furniture, Inc., 74 Mass.App.Ct. 1126, 909 N.E.2d 1193, 2009 WL 2145867 (2009) — Holding that promotion offering rebate of the price of furniture purchased if Red Sox won World Series was not an illegal lottery
• Eigerman v. Putnam Investments, Inc., 450 Mass. 281, 877 N.E.2d 1258 (2007), vacating, 66 Mass. App. Ct. 222, 846 N.E.2d 418 (2006) — Ordering dismissal of breach of contract and covenant of good faith and fair dealing claims arising out of employee stock plan
• Raytheon v. AES Red Oak, 831 N.Y.S.2d 54, 2007 WL 582801 (New York Supreme Ct. 2005), affirming, 2005 WL 4256945 (New York Supplement 2005) — Affirming dismissal on the pleadings of counterclaims for fraudulent inducement arising from settlement agreement
• Atlantic City Electric v. RC Cape May Holdings, LLC — Tried to completion arbitration involving purchase price adjustment under contract for sale of power plant
• Raytheon Company v. Exelon Mystic Development LLC — Tried to completion arbitration on behalf of construction surety seeking multimillion-dollar change order relief
• Washington Group Int’l v. Raytheon Company — Represented defendants in $600 million purchase price adjustment claim under contract for sale of engineering and construction business tried before independent panel of accountants
• Otis Eastern Service, Inc. v. Raytheon Engineers & Constructors, Inc., 15 F.Supp.2d 318 (W.D. New York 1998) — Construing lien waiver as condition precedent to retainage payment
• Raytheon-Catalytic, Inc. v. Gulf Chemical Corp., 959 F.Supp. 100 (D.P.R. 1997) — Evidentiary hearing resulting in prejudgment remedies in action for breach of settlement of construction dispute
• All Seasons Services, Inc. v. Commissioner of Health and Hospitals of Boston, 416 Mass. 269, 620 N.E.2d 778 (1993) — Construing Massachusetts unfair and deceptive business practices in claim involving nonprofit organization
• KES Brockton, Inc. v. Department of Public Utilities, 416 Mass. 158, 618 N.E.2d 1352 (1993) — Addressing standing of seller of electricity to challenge regulatory decision involving regulated electric utility
• Penta v. Concord Auto Auction, Inc., 24 Mass. App. Ct. 635, 511 N.E.2d 642 (1987) — Action for specific performance of sale of real estate and business involving nominee trust

First Amendment and Constitutional Cases

• Commonwealth v. Chism, 476 Mass. 171, 65 N.E.3d 1171 (2017) – Establishing public right of access to evidence admitted in suppression hearings
• Commonwealth. v. Fujita, 470 Mass. 484, 23 N.E.3d 882 (2015) – Establishing public right of access to jury lists in criminal cases
• Stemberg v. Stemberg, Norfolk Probate Court (2012) — Obtained previously sealed testimony of Presidential candidate Mitt Romney
• United States v. Bulger, 2012 US Dist. LEXIS 98770 (D. Mass. 2012) — Modifying protective order to permit public disclosure of discovery in organized crime figure’s prosecution
• In re Globe Newspaper Co., 461 Mass. 113 (2011) — Establishing rules for public access to inquest reports
• Riley v. Enterprise, Plymouth Superior Court No.05-00841 (February 9, 2010) — Jury verdict in favor of newspaper and editors in public official libel case
• Howell v. Enterprise Publishing LLC, 455 Mass. 641, 920 N.E.2d 1 (2010) — Holding that fair report privilege protected articles concerning confidential government hearings even if based on confidential news sources
• Rosado v. Bridgeport Roman Catholic Diocesan Corp., 292 Conn. 1, 970 A.2d 656 (2009) — Ordering disclosure of sealed records of clergy sex abuse cases
• In re Grand Jury Investigation, Hampshire CR. NO. 08-065 (Mass. Superior Ct. 2009) — Quashing subpoena calling for reporter to testify before a grand jury on the grounds that reporter’s interest in maintaining confidential sources outweighed the interests underlying the grand jury’s investigation
• Mazetis v. Enterprise Publishing LLC, No. 04-00326-A (Mass. Superior Ct. 2009) — Granting judgment notwithstanding the verdict in public official defamation case
• World Wide Video, Inc. v. Yoko Ono Lennon, 2009 US Dist. LEXIS 100999; 92 U.S.P.Q.2D (BNA) 1050 (D. Mass. 2009) — Judgment on the pleadings in favor of Yoko Ono on copyright ownership of 1970 film of John Lennon and Ono
• Peter Damon v. Michael Moore, 520 F.3d 98 (1st Cir. 2008) — Affirming dismissal of defamation claims brought by Iraq War veteran based on film Fahrenheit 9/11
• In re Subpoena to Michael Witzel, 531 F.3d 113 (1st Cir. 2008) — Affirming order protecting Harvard faculty member from subpoena seeking discovery of confidential academic communications
• Mazetis v. Enterprise Publishing Co., 2007 WL 1247134, 22 Mass. L. Rep. 380 (Mass. Superior Ct. 2007) — Holding court officers are public officials for actual malice purposes
• Sullivan v. CBS Corp., 06-11949-PBS (D. Mass. 2006) — Rejecting third party candidate’s claims under First Amendment and Federal Communications Act based on exclusion from televised debate
• Amrak Productions, Inc. v. Morton, 410 F.3d 69 (1st Cir. 2005) — Affirming dismissal of libel claims brought against Time Inc., St. Martin’s Press and Andrew Morton arising out of celebrity biography
• In re Gitto Global Corp., 422 F.3d 1 (1st Cir. 2005) — Recognizing public’s right of access to bankruptcy examiner’s investigatory report
• Rosado v. Bridgeport Roman Catholic Diocesan Corp., 276 Conn. 168, 884 A.2d 981 (2005) — Recognizing right of the New York Times, the Boston Globe and the Washington Post to intervene in sex abuse cases after settlement to seek public access to case records
• Columbus v. The Boston Globe (Mass. Superior Ct. 2005) — Obtained jury verdict in favor of the Boston Globe newspaper on claims for libel and emotional distress
• Republican Co. v. Appeals Court, 442 Mass. 218, 812 N.E.2d 887 (2004) — Granting public access to search warrant materials in controversial murder investigation
• In re Special Proceedings, 373 F.3d 37 (1st Cir. 2004) — Represented television news reporter in contempt appeal involving confidential news source
• Globe Newspaper Company v. District Attorney for Middle District, 439 Mass. 374, 788 N.E.2d 513 (2004) — Recognizing right of public to access docket numbers of public corruption cases
• Vondra v. Crown Publishing Company, 61 Mass. App. Ct. 1116, 810 N.E.2d 1291 (2004) — Affirming summary judgment for book publisher on libel and privacy claims
• Yohe v. Nugent, 321 F.3d 35 (1st Cir. 2003) — Affirming summary judgment for libel defendants based on fair report privilege
• Mourad v. Globe Newspaper Company, 60 Mass. App. Ct. 1106, 799 N.E.2d 606 (2003) — Affirming summary judgment for libel defendant on opinion, defamatory content and fair report grounds
• Howard v. Antilla, 294 F.3d 244 (1st Cir. 2002) — Reversing a $480,000 false light invasion of privacy verdict arising out of a New York Times article based on lack of clear and convincing evidence of actual malice
• United States v. Connolly, 204 F.Supp2d 138 (D. Mass. 2002) — Holding that reporters subpoenaed to testify at criminal trial had First Amendment right to attend trial despite sequestration order
• Zisk v. The Boston Globe, 54 Mass. App. Ct. 1117, 767 N.E.2d 1135 (2002) — Affirming dismissal of privacy and defamation claims
• Globe Newspaper Co. v. Clerk of the Suffolk Superior Court, 2002 WL 202464 (Mass. Superior Ct. 2002) — Granting motion to terminate impoundment orders and allow public access to court records of sex abuse claims filed against clergy members
• Howell v. Worcester Polytechnic Institute, Civ. No. 02-2056 (Mass. Superior Ct. 2002) — Rejecting state law claims of breach of contract and violation of civil rights by candidate excluded from televised debate
• Stein v. The Boston Globe, Civ. No. 02-4100-J (Mass. Superior Ct. 2002) — Rejecting claims brought under Massachusetts Finance Campaign Law by candidates excluded from televised debate
• Leary v. Geoghan, No. 99-0371 (Mass. Superior Ct. 2001) aff’d, 2001 WL 1902391 (Mass. App. Ct. 2001) — Requiring the public filing of discovery materials in sexual abuse cases filed against the Boston Archdiocese
• National Association of Government Employees v. BUCI Television, Inc. 118 F.Supp.2d 126 (D. Mass. 2000) — Granting summary judgment in defendant’s favor on copyright and libel claims
• Britton v. Nealon, 2000 WL 1460073 (Mass. Superior Ct. 2000) — Granting summary judgment to libel defendant
• Robinson v. The Globe Newspaper Company, 26 F.Supp.2d 195 (D. Maine 1998) — Granting summary judgment to libel defendants based on plaintiff’s prior guilty plea in criminal case
• In re Michael Cusumano, et al., 162 F.3d 708 (1st Cir. 1998) — Ruling that First Amendment interests protected authors from a subpoena of their research notes for use in antitrust action against Microsoft
• Boston Police Superior Officers Federation v. City of Boston, 147 F.3d 13 (1st Cir. 1998) — Granting summary judgment dismissing equal protection claim
• Friedman v. Israel Labour Party, 957 F.Supp. 701 (E.D. Penn. 1997) — Granting summary judgment to libel defendant based on privilege to report official acts of foreign governments
• Friedman v. Globe Newspaper Co., 38 Mass. App. Ct. 923, 646 N.E.2d 159 (1995) — Affirming dismissal of libel complaint as sanction for failure to comply with court orders
• Globe Newspaper Co. v. Police Comm’r of Boston, 419 Mass. 852, 648 N.E.2d 419 (1995) — Holding that records of controversial police internal affairs investigation were public records under state law
• United States v. Three Juveniles, 61 F.3d 86 (1st Cir. 1995) — Recognizing statutory, but not constitutional, right of access to federal juvenile delinquency proceedings
• Lyons v. Globe Newspaper Company, 415 Mass. 258, 612 N.E.2d 1158 (1993) — Reversing trial court’s denial of summary judgment in libel case and holding that the Massachusetts Constitution provides protections independent of the First Amendment for expressions of opinion
• Sanchez v. Affiliated Publications, 1993 WL 818736, 22 Media L. Rep. 1188 (Mass. Superior Ct. 1993) — Dismissing invasion of privacy claim arising out of identification of juvenile rape victim
• Massachusetts Ass’n of Afro-American Police, Inc. v. Boston Police Dept., 973 F.2d 18 (1st Cir. 1992) — Affirming rulings on standing and ripeness issues
• Stuart v. Roache, 951 F.2d 446 (1st Cir. 1991) — Affirming equal protection ruling
• Globe Newspaper Co. v. Pokaski, 868 F.2d 497, 16 Media L. Rep. 1385 (1st Cir. 1989) — Recognizing First Amendment right of access to the records of criminal proceedings involving acquitted defendants
• Massachusetts Bay Transp. Authority v. Local 589, Amalgamated Transit, 406 Mass. 36, 546 N.E.2d 135 (1989) — Affirming standing and mootness rulings
• Massachusetts Ass’n of Afro-American Police, Inc. v. Boston Police Dept., 780 F.2d 5 (1st Cir. 1985) — Addressing right to intervene to challenge consent decree
• Deveraux v. Geary, 765 F.2d 268 (1st Cir. 1985) — Applying standard for modification of consent decree