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BLAKE v. PELLEGRINO

No. 02-1810.

329 F.3d 43 (2003)

William J. BLAKE, et al., Plaintiffs, Appellants, v. Michael PELLEGRINO, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 15, 2003.

Attorney(s) appearing for the Case

Philip N. Beauregard, with whom John A. Markey, Jr. and Beauregard, Burke & Franco were on brief, for appellants.

Curtis Diedrich, with whom Alan B. Rindler, Nadine Nasser Donovan, Rindler-Morgan, P.C., William J. Davenport, Richard M. Haley, Bloom & Buell, Stacey Morris, and Sloane & Walsh, LLP were on consolidated brief, for individual appellees.

J. Peter Kelley, with whom Martin C. Foster and Foster & Eldridge were on brief, for appellee Southcoast Health Systems, Inc., d/b/a Charlton Memorial Hospital.

Before SELYA, Circuit Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

SELYA, Circuit Judge.

This appeal requires us to explore the limits of a trial judge's authority to remove a significant piece of evidence from a jury's consideration based upon his belief that the evidence lacks persuasive force.1 We conclude that, in the circumstances of this case, the judge's actions invaded the province of the jury. Because there is a reasonable likelihood that the error influenced...

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