11 Cited authorities

Forest Conserv. Council v. U.S. Forest Serv
66 F.3d 1489 (9th Cir. 1995) Cited 198 times
Holding that motion to intervene was not untimely even though settlement had been reached because the mediation proceedings had been conducted confidentially and the settlement negotiations were not conducted in open court
In re Thompson
965 F.2d 1136 (1st Cir. 1992) Cited 206 times 3 Legal Analyses
Holding that a creditor's standing is not eliminated by the existence of a Chapter 7 trustee, although the trustee may prevent a creditor from pursuing his objection without the court's permission
Somers v. Converged Access, Inc.
454 Mass. 582 (Mass. 2009) Cited 120 times 1 Legal Analyses
Holding that employer was liable under the Wage Act even when it in good faith classified employee as an independent contractor instead of an employee
Travelers Indem. Co. v. Dingwell
884 F.2d 629 (1st Cir. 1989) Cited 200 times
Holding that an insurer has only a contingent interest in the liability phase of a lawsuit when it has reserved the right to deny coverage
U.S. v. Metropolitan St. Louis Sewer Dist
569 F.3d 829 (8th Cir. 2009) Cited 105 times
Holding that under the Clean Water Act, "only a citizen whose suit has been displaced by the government action is entitled to intervene"
Daggett v. Commission on Governmental Ethics
172 F.3d 104 (1st Cir. 1999) Cited 108 times
Holding that the possibility that the litigation could end with an injunction adversely affecting intervenors' interests was adequate to satisfy this aspect of Rule 24
Negrón-Almeda v. Santiago
528 F.3d 15 (1st Cir. 2008) Cited 74 times
Explaining that district court orders are “of considerable import” and that “a reviewing court can comb relevant parts of the record to discern the authoring court's intention”
Hill v. Western Elec. Co., Inc.
672 F.2d 381 (4th Cir. 1982) Cited 158 times
Holding that "upon remand following the vacation of a judgment for a jurisdictional defect, it may be appropriate for a trial court to reinstate the judgment once the defect has been cured. This principle must certainly extend past the reinstatement of a judgment itself to reinstatement of findings and conclusions supporting it, and past true jurisdictional defects to less fundamental defects not affecting the merits."
B. Fernández & Hnos., Inc. v. Kellogg USA, Inc.
440 F.3d 541 (1st Cir. 2006) Cited 66 times
Holding that a showing that "the potential for ... litigation to have a greater adverse impact on [the potential intervenor] is sufficient to establish that a named party is an inadequate representative."
Rule 24 - Intervention
Fed. R. Civ. P. 24 Cited 9,217 times 35 Legal Analyses
Granting the right of intervention to qualifying persons "unless existing parties adequately represent" them
Section 149:148B - Persons performing service not authorized under this chapter deemed employees; exception
Mass. Gen. Laws ch. 149 § 148B Cited 175 times 33 Legal Analyses
Specifying types of services considered to be not those performed by an employee and noting that an employer's failure to make withholdings or payments that would be required for an employee "shall not be considered in making a determination" as to a person's employee status

Massachusetts Delivery Association v. Martha Coakley, Attorney General

11 Cited authorities

Holding that motion to intervene was not untimely even though settlement had been reached because the mediation proceedings had been conducted confidentially and the settlement negotiations were not conducted in open court

Holding that a creditor's standing is not eliminated by the existence of a Chapter 7 trustee, although the trustee may prevent a creditor from pursuing his objection without the court's permission

Holding that employer was liable under the Wage Act even when it in good faith classified employee as an independent contractor instead of an employee

Holding that an insurer has only a contingent interest in the liability phase of a lawsuit when it has reserved the right to deny coverage

Holding that under the Clean Water Act, "only a citizen whose suit has been displaced by the government action is entitled to intervene"

Holding that the possibility that the litigation could end with an injunction adversely affecting intervenors' interests was adequate to satisfy this aspect of Rule 24

Explaining that district court orders are “of considerable import” and that “a reviewing court can comb relevant parts of the record to discern the authoring court's intention”

Holding that a showing that "the potential for ... litigation to have a greater adverse impact on [the potential intervenor] is sufficient to establish that a named party is an inadequate representative."

Granting the right of intervention to qualifying persons "unless existing parties adequately represent" them

Specifying types of services considered to be not those performed by an employee and noting that an employer's failure to make withholdings or payments that would be required for an employee "shall not be considered in making a determination" as to a person's employee status