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John B. Stewart, Attorney at Law
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Of the firm Murphy & Manitsas, LLP
Springfield, MA
Practice Areas
    > Practice Areas > Appeals

I have handled many appeals for my own cases, and cases of my partners and other lawyers.  A few notable cases where I have written the appeals briefs are as follows: Over the 8 years the case of Pedraza v. Shell Oil http://cases.justia.com/us-court-of-appeals/F2/942/48/282314/ was pending, there were two separate appeals to the First Circuit Court of Appeals, and certiorari proceedings in the U.S. Supreme Court.  The plaintiff suffered from 70 percent loss of lung function due to exposure to a toxic chemical at work, and amount of the chemical permitted to be airborne was regulated by OSHA.  The Chief Judge dismissed the case based on preemption, however the First Circuit vacated the dismissal, holding Congress in enacting OSHA did not intend to eliminate employees' rights to sue third parties.

In Wilcox v. Riverside Park Enterprises http://masscases.com/cases/sjc/399/399mass533.html , the Supreme Judicial Court vacated a Superior Court ruling, upheld by the Appeals Court, holding a "borrowing statute" - - which provided Massachusetts should apply a shorter statute of limitations of another state - - was inapplicable to a Connecticut resident injured at an amusement park.

In Gibbons v. Nichols [Tenneco], http://scholar.google.com/scholar_case?case=2891311021962606479&hl=en&as_sdt=2&as_vis=1&oi=scholarr the court vacated a trial court judgment against a motorist who had the right of way when another vehicle pulled into its path. The appellate court agreed the trial judge made an error in finding the defendant motorist liable.
 
 


 
 
 
John B. Stewart, Attorney at Law, Of the firm Murphy & Manitsas, LLP
20 Maple Street, Suite 301, Springfield, MA 01103 • Ph (413) 733-4402 Ext. 105 • Fax (413) 733-4403