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HSBC REALTY CREDIT CORP. (USA) v. O'NEILL

No. 13-1214.

745 F.3d 564 (2014)

HSBC REALTY CREDIT CORPORATION (USA), Plaintiff, Appellee, v. J. Brian O'NEILL, Defendant, Appellant.

United States Court of Appeals, First Circuit.

February 7, 2014.

Attorney(s) appearing for the Case

John J. Jacko III , with whom Alan S. Fellheimer and Fellheimer & Eichen LLP were on brief, for appellant.

David J. McNamara , with whom Peter C. Obersheimer and Phillips Lytle LLP were on brief, for appellee.

Before Torruella, Ripple, and Thompson, Circuit Judges.

THOMPSON, Circuit Judge.

OVERVIEW

Today's case—a diversity suit governed, the parties agree, by Massachusetts substantive law—arises from the efforts of plaintiff HSBC Realty Credit Corporation (USA) to recover $8.1 million from defendant J. Brian O'Neill under a guaranty. A district judge struck O'Neill's defenses, dismissed his counterclaims, denied him leave to replead, and granted HSBC judgment on the pleadings. O'Neill appeals. But after...

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