Case law

Alvarez v. Worcester

District Court, D. Massachusetts · Jun 2, 2022

Nonetheless, McKiernan is entitled to qualified immunity. … Qualified immunity protects public officials from personal liability for constitutional violations when the constitutional right at issue was not “clearly established” at the time of the violation. Gilk v.

Al-Abbas v. Metropolitan Life Insurance

52 F. Supp. 3d 288 · District Court, D. Massachusetts · Sep 30, 2014

Durand treated her for chronic fatigue and immune deficiency syndrome. In February 2010, Al-Abbas reported increased symptoms, much worse than those she had experienced prior to this period. … On April 17, 2012, the Social Security Administration approved Al-Abbas’s claim for disability benefits, establishing a disability date of February 27, 2010. H.

Boulet v. Cellucci

107 F. Supp. 2d 61 · District Court, D. Massachusetts · Jul 19, 2000

Enforceable Right —Section 1983 imposes liability on anyone who, acting under color of state law, deprives an individual “of any rights, privileges, or immunities secured by the Constitution and laws.” 42 U.S.C. § 1983 . … The statute was intended to prevent the States from denying benefits, even temporarily, to a person who has been found fully qualified for aid. Jefferson v.

Stone Cranberry Corp. v. Foster-Miller, Inc.

411 F. Supp. 2d 10 · District Court, D. Massachusetts · Jan 18, 2006

If the answer to this second question is yes, the discretionary function exception applies and the United States is immune from suit. … The undisputed facts show that that “somewhere” was the Air Force’s Environmental Restoration Account, established by statute at 10 U.S.C. § 2703 (a)(4).

TI Federal Credit Union v. Delbonis (In Re Delbonis)

183 B.R. 1 · District Court, D. Massachusetts · Jun 7, 1995

The court concluded: Clearly, credit unions are different from banks and not in direct competition with each other as suggested by the Sinclair-Ganos court since banks do not have the same geographical limitations and restrictions … In order to deal with these problems, Congress authorized the establishment of federal credit unions. S.Rep. No. 555, 73d. Cong., 2d Sess. (1934).

United States v. Sisson

297 F. Supp. 902 · District Court, D. Massachusetts · Apr 1, 1969

Similar views are held by reasonable men who are qualified experts. The testimony of Professor Richard Falk of Princeton University and Professor Howard Zinn of Boston University is sufficient proof. See also Ralph B. … There have been suggestions that to read the Constitution as granting an exemption from combat duty in a foreign campaign will immunize from public regulation all acts or refusals to act dictated by religious or conscientious

Gallagher v. Park West Bank and Trust Co.

921 F. Supp. 867 · District Court, D. Massachusetts · Mar 27, 1996

The 1978 Plan also established a mechanism by which it could be amended. … Finally, several of the IRS letters clearly stated that “[a]n employer who adopts this plan will be considered to have a plan qualified under Code section 401(a)____” See, e.g., Defendant’s Exhibit 2 (emphasis added).

Dion v. Heckler

582 F. Supp. 872 · District Court, D. Massachusetts · Apr 10, 1984

These officials based their refusal to apply § 301 to plaintiff on 20 C.F.R. § 404.316 , which says that to qualify under § 301(a) for continuation of benefits, the recipient must not have been “expected to recover medically … The harm to plaintiff of denying relief therefore clearly outweighs the harm to the Secretary of granting it. D. The Public Interest 8.

Islam v. Option One Mortgage Corp.

432 F. Supp. 2d 181 · District Court, D. Massachusetts · May 5, 2006

The second category is clearly inapplicable here, and as this discussion will shortly indicate, Sections 1681t(b) and 1681h(e) are not in irreconcilable conflict. … “Section 1681h(e) suggests not that Congress has limited actions brought in all areas regulated by the FCRA but that defendants will have qualified immunity from actions based on information disclosed pursuant to certain

Labrecque v. Sodexho USA, Inc.

287 F. Supp. 2d 100 · District Court, D. Massachusetts · Oct 17, 2003

To assert a claim of failure to accommodate pursuant to the ADA, LaBrecque must establish each of the following: (1) that she suffers from a “disability” within the meaning of the ADA; (2) that she is a qualified person who … The next inquiry is whether LaBreeque was qualified to perform the essential functions of her job with or without a reasonable accommodation; ie., whether she was a qualified individual. B.

Diaz v. Devlin

229 F. Supp. 3d 101 · District Court, D. Massachusetts · Jan 10, 2017

As discussed above, Plaintiffs have not pled any facts which establish that Det. … The standard for what qualifies as such conduct has been set very high to “avoid litigation in situations where only bad manners and mere hurt feelings are involved.” Doyle v.

Doe v. Lincoln-Sudbury Regional School Committee

District Court, D. Massachusetts · Aug 27, 2021

Qualified Immunity Wong, Ramos, and Elenbaas further contend that they are protected by the doctrine of qualified immunity. … Qualified immunity protects public employees “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

United States v. Juan

59 F. Supp. 2d 210 · District Court, D. Massachusetts · Jul 29, 1999

It clearly establishes that presence alone was not enough as the gun was not always located with the defendant. See United States v. … Defendant bears the burden of demonstrating that the connection was clearly improbable) (citing Corcimiglia); Lagasse, 87 F.3d at 22 (once the nexus is established, the defendant may avoid the enhancement only by demonstrating

Anderson v. W.R. Grace & Co.

628 F. Supp. 1219 · District Court, D. Massachusetts · Feb 21, 1986

The Court of Appeals noted that such statutes, unlike the wrongful death statute, clearly permit judicial interpretation as to the time when the limitations period begins to run. … However, certain elements of plaintiffs’ emotional distress stem from the physical harm to their immune systems allegedly caused by defendants’ conduct and are compensable.

Gallagher v. Park West Bank and Trust Co.

951 F. Supp. 10 · District Court, D. Massachusetts · Jan 10, 1997

With this, the court will now consider each of the five factors established under Gray . … This factor clearly favors the plaintiffs. D.

United States Ex Rel. Jones v. Brigham & Women's Hospital

750 F. Supp. 2d 358 · District Court, D. Massachusetts · Nov 10, 2010

Matters in dispute are clearly stated. All inferences are drawn in favor of the Relator. 2 . Throughout the Relator's complaint, the alleged false statements are never clearly established. … Schuff was more than qualified to testify about matters concerning the NIH review process, but did not provide any examples of past experience that would so qualify him. 8 .

W.E. Aubuchon Co. v. Benefirst, LLC

245 F.R.D. 38 · District Court, D. Massachusetts · Feb 6, 2007

BACKGROUND This case involves the administration of qualified benefits plans under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 , et seq. W.E. Aubuchon Co., Inc. … have clearly established good cause for re- *45 quiring BeneFirst to produce the requested information.

Jesionowski v. Beck

937 F. Supp. 95 · District Court, D. Massachusetts · Sep 13, 1996

immunity defense to monetary liability under § 1983. … The defendants have not raised or briefed any claims of qualified immunity in the instant motion. 19 .

Tuli v. Brigham & Women's Hospital, Inc.

592 F. Supp. 2d 208 · District Court, D. Massachusetts · Jan 6, 2009

Britt is not qualified to testify on the subject for which he is offered. 5 *213 See Ward v. … Nor have they challenged whether he is qualified to testify about that field, as he clearly is.

Echavarria v. Roach

District Court, D. Massachusetts · Sep 30, 2021

Qualified Immunity28 “Under the doctrine of qualified immunity, police officers are protected ‘from liability for civil damages insofar as their conduct does not violate clearly … Finally, Hollow argues that this claim is barred by qualified immunity because the law regarding when supervisory liability could be imposed was not established until May 1994 and the bulk of Plaintiff’s investigation took