Skip to main content
Find a Lawyer

United States First Circuit


Smith v. Jenkins, 11-2349

In an action arising out of a fraudulent real estate mortgage scheme that involved inducing plaintiff, a schizophrenic trash collector, into acting as a straw buyer for two overvalued residential properties, the district court's judgment largely in plaintiff's favor is: 1) affirmed in part, where sufficient evidence supported the verdict against defendant Century 21; 2) vacated in part and remanded as to the damages award against defendant Century 21, where portions of plaintiff's damages expert's testimony should have been precluded and the error was not harmless; 3) reversed as to the judgment against defendant NEMCO on plaintiff's common-law claims; 4) vacated, as to the judgment against defendant NEMCO on plaintiff's Chapter 93A claim; 5) vacated, as to the judgment in favor of defendant RKelley-Law; 6) reversed as to the dismissal of the Chapter 93A claim against defendant; and 7) affirmed in all other respects.

Appellate Information

  • Decided 10/15/2013
  • Published 10/15/2013

Judges

  • HOWARD

Court

  • United States First Circuit

Counsel

Copied to clipboard