United States First Circuit

In the Real Estate Bar Association's suit against defendant for unauthorized practice of law, judgment of the district court is vacated in part, reversed in part and remanded where: 1) district court's judgment against plaintiff on its unauthorized practice of law claim is vacated as in Massachusetts, the state judicial branch and the Supreme Judicial Court of Massachusetts (SJC) in particular, is solely responsible for defining what is the practice of law, and here, there is no controlling precedent which addresses whether the activities at issue constitute unauthorized practice of law; and 2) district court's judgment on defendant's dormant Commerce Clause counterclaim is reversed as plaintiff is not a state actor, defendant has not stated a dormant Commerce Clause claim against plaintiff, and plaintiff's bringing of its suit against defendant under Mass. Gen. Laws ch. 221, section 46B is protected by the First Amendment.

Appellate Information

• Decided 06/21/2010
• Published 06/21/2010

Judges

• LYNCH, Chief Judge., Before Lynch, Chief Judge, Torruella and Howard, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Douglas W. Salvesen with whom Anthony B. Fioravanti, and Yurko, Salvesen & Remz, P.C. were on brief for the appellant.


• For Appellees:
  
• Michael D. Ricciuti with whom Irene C. Freidel, Michael DeMarco, Robert W. Sparkes, III, and K & L Gates LLP were on brief for the appellees.