No. 19-7152

Allan M. Leavitt v. Cynthia A. Phillips, et al.

Lower Court: Massachusetts
Docketed: 2020-01-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: choice-of-law civil-rights constitutional-interpretation contract-enforcement contract-law declaratory-judgment due-process interstate-dispute judicial-procedure massachusetts property property-rights property-rights-deprivation standing state-interest vermont
Key Terms:
DueProcess FourthAmendment JusticiabilityDoctri
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Did Massachusetts deprive a Vermont citizen the fundamental right to property without a compelling state interest by refusing to enforce its substantive and procedural laws?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1) Did Massachusetts deprive a Vermont citizen the fundamental right to property without a compelling state interest by refusing to enforce its substantive and procedural laws where there exist unresolved disputes as to the Massachusetts statute (he plead it requires Massachusetts Personal Injury Protection ((PIP)) on non-resident vehicles which insurers deny) and Vermont contracts (he plead they promise Massachusetts PIP which insurers deny), when the Judiciary, while conceding both of Petitioner's pleas are the law, refused to declare the law; and instead forced an interpretation of disputed law and contracts on him in summary judgments, without declaration of statute or contract, depriving him, and no others similarly situated, of the protections of both law and contracts? 2) Did Massachusetts violate Article IV when it refused to declare whether, under Vermont contract law, there were breaches of Vermont contracts? 3) Is M.G.L. ch. 231A unconstitutional or unconstitutional as exercised? i

Docket Entries

2020-02-24
Petition DENIED.
2020-02-06
DISTRIBUTED for Conference of 2/21/2020.
2020-01-31
Waiver of right of respondent United Services Automobile Association to respond filed.
2020-01-28
Waiver of right of respondent The Commerce Insurance Company to respond filed.
2020-01-23
Waiver of right of respondent Government Employees Insurance Company (GEICO) to respond filed.
2020-01-21
Waiver of right of respondent Melissa Aebersold to respond filed.
2020-01-15
Waiver of right of respondent Cynthia A. Phillips to respond filed.
2019-12-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 3, 2020)

Attorneys

Allan Leavitt
William J. RuotoloWilliam J. Ruotolo, Attorney & Counsellor At Law, Petitioner
William J. RuotoloWilliam J. Ruotolo, Attorney & Counsellor At Law, Petitioner
Cynthia A. Phillips
Mark C. DarlingFuller, Rosenberg, Palmer & Beliveau, LLP, Respondent
Mark C. DarlingFuller, Rosenberg, Palmer & Beliveau, LLP, Respondent
Government Employsees Insurance Company (GEICO)
Jocelyn M. SedneyBrody, Hardoon, Perkins & Kesten, LLP, Respondent
Jocelyn M. SedneyBrody, Hardoon, Perkins & Kesten, LLP, Respondent
Melissa Aebersold
Ronald Evan HardingHarding Gurley, LLP, Respondent
Ronald Evan HardingHarding Gurley, LLP, Respondent
The Commerce Insurance Company
John R. CallahanFinnegan, Underwood, Ryan & Tierney, Respondent
John R. CallahanFinnegan, Underwood, Ryan & Tierney, Respondent
United Services Automobile Association
Cathryn SpauldingLamontagne, Spaulding & Hayes, LLP, Respondent
Cathryn SpauldingLamontagne, Spaulding & Hayes, LLP, Respondent