Case law

Thomas ex rel. BW v. Springfield School Committee

59 F. Supp. 3d 294 · District Court, D. Massachusetts · Nov 19, 2014

There is ample evidence in the record from which a jury could conclude that the third and fourth elements are established. … When a student does not attend school, she has clearly suffered the loss of educational opportunities. See Olmstead v. L.C. ex rel.

Stop & Shop Supermarket Co. v. Big Y Foods, Inc.

943 F. Supp. 120 · District Court, D. Massachusetts · Oct 23, 1996

The February and March uses of "IT'S THAT SIMPLE” do not qualify as trademark use. … Nor can the use of “It’s That Simple” in Stop & Shop’s annual report qualify as a use "in commerce.”

Yershov v. Gannett Satellite Information Network, Inc.

104 F. Supp. 3d 135 · District Court, D. Massachusetts · May 15, 2015

Indeed, and as noted, the VPPA expressly refers to the “addresses of consumers,” in a context clearly indicating that an addréss is PII. … received Hulu IDs, established Hulu profiles, and used Hulu’s video streaming services. 2012 WL 3282960 at *7. .

Druker v. Sullivan

334 F. Supp. 861 · District Court, D. Massachusetts · Nov 24, 1971

Since it is axiomatic that a motion for summary judgment should be granted only when all the facts entitling the moving party to judgment are admitted or clearly established, 2 and since the alleged impairment of federal … debt service obligations raises a genuine issue of material fact which is neither admitted nor clearly established, the Court must deny plaintiffs’ motion for summary judgment. 3 *864 Motions to Dismiss It does not follow

Bertram v. Viglas

District Court, D. Massachusetts · Apr 16, 2020

During the 9 The Court also concludes that any facts that Viglas omitted from his incident report were not required to be included by clearly established Fourth Amendment law; thus, Viglas is entitled to qualified immunity … Accordingly, Viglas is also entitled to qualified immunity on this theory of liability. arrest claim.”).

Eckl v. City of Boston

476 F. Supp. 1014 · District Court, D. Massachusetts · Sep 24, 1979

. § 1983 and denying dismissal of the claim brought under the Fourteenth Amendment, there have been significant changes in the law of municipal immunity. … The creation of municipal liability during the pendency of this case dictates that the court should depart from the previously established rule of the case.

Latimore v. John Houle

District Court, D. Massachusetts · Apr 26, 2018

Qualified Immunity Defendants also seek summary judgment as to the § 1983 claims on the basis of qualified immunity.12 The doctrine of qualified immunity protects public employees … Accordingly, the Court need not consider the qualified-immunity issue.13 C.

Lareau v. Page

840 F. Supp. 920 · District Court, D. Massachusetts · Dec 27, 1993

Heller was qualified to testify on the matter, his testimony would have been cumulative. … The MacDonald case, while clearly establishing the learned intermediary defense under Massachusetts law, declined to follow it in a case involving oral contraceptives. Id. at 138-39 , 475 N.E.2d 65 .

United States v. Five Acres of Land

51 F. Supp. 117 · District Court, D. Massachusetts · Jul 30, 1943

By its original opinion, reported m the 1940 Advance Sheets of the Opinions of the Supreme Judicial Court, at page 851, the court clearly indicated that failure to comply with the statutory provision for certification caused … The phrase establishing the exception in the case of taxes not properly certified immediately follows and qualifies the provision that payment of such taxes shall be made a part of the terms of redemption.

Reaves v. Department of Correction

195 F. Supp. 3d 383 · District Court, D. Massachusetts · Jul 15, 2016

Puerto Rico, 451 F,3d 13, 33 (1st Cir.2006) (“The Commonwealth defendants do not have Eleventh Amendment immunity against the ., Rehabilitation Act claims, because they waived such immunity by accepting, federal, funds.”) … For the purposes of thé instant motion, Reaves focuses his arguments on the federal claim. , The MPCH Defendants also argue that they are entitled to qualified immunity.

Crowe v. Examworks, Inc.

136 F. Supp. 3d 16 · District Court, D. Massachusetts · Sep 30, 2015

First, the precise number of excess hours the plaintiffs worked, and whether these hours qualify as overtime, are unclear. … The commonality requirement is clearly met for Count III, is barely met for Count IV, and is not met for Count V.

Daly v. Mason

District Court, D. Massachusetts · Sep 30, 2024

The Supreme Court has construed this Amendment to establish that “an unconsenting State is immune from suits brought in federal courts by her own citizens as well as by citizens of another state.” … As such, Plaintiff can establish the Court’s subject matter jurisdiction over the claims against Defendants in their official capacity only if he can show either that the Commonwealth has waived sovereign immunity, that

Stagikas v. Saxon Mortgage Services, Inc.

795 F. Supp. 2d 129 · District Court, D. Massachusetts · Jul 5, 2011

notice that I do not qualify for the offer.” … Plaintiffs could also be required to make payments into a newly established escrow account.” 2010 WL 4825632 at *3.

Stark v. Lonnie G. Bunch

District Court, D. Massachusetts · Jul 30, 2020

He was sixty-two years old when he applied and “more than qualified” for both positions. [Id. ¶¶ 14–15]. … Therefore, the hiring process clearly continued after Plaintiff’s non-selection.

Orell v. UMass Memorial Medical Center, Inc.

203 F. Supp. 2d 52 · District Court, D. Massachusetts · Apr 29, 2002

The position of Manager of the Copy Center was assigned to a 35-year-old woman who was less qualified for the job. … Amendment immunity.

Cumberland Farms, Inc. v. Florida Department of Environmental Protection

209 B.R. 786 · District Court, D. Massachusetts · Oct 31, 1996

The First Circuit in Mammoth Mart established a two-prong test to determine whether a claim qualifies for administrative expense status. … The First Circuit, however, stated that this situation “falls within the clearly enunciated rationale of Reading Co. v.

Poirier v. Massachusetts Department of Corrections

160 F. Supp. 3d 399 · District Court, D. Massachusetts · Feb 4, 2016

Second, “the facts so gleaned must conclusively establish the affirmative defense.” Id.; see Santana-Castro, 579 F.3d at 113-14. Discussion A. … The court also dismissed the DOC as a defendant on Eleventh Amendment grounds and found that, even if the constitutional analysis were incorrect, the Commissioner would be entitled to qualified immunity for any claim for

Montrond v. Spencer

District Court, D. Massachusetts · Mar 14, 2024

Qualified Immunity Finally, the DOC Defendants seek qualified immunity based on a four-sentence argument that, merely recites the standard and claims that qualified immunity … Here, DOC Defendants’ cursory qualified immunity argument does not prove “the existence of circumstances sufficient to bring the [qualified] immunity defense into play” on summary judgment.

WE Aubuchon Co., Inc. v. BENEFIRST, LLC

661 F. Supp. 2d 37 · District Court, D. Massachusetts · Jun 12, 2009

These plans provide medical benefits to qualifying employees of the Aubuchon entities. The plans are covered by ERISA. … If correct, this line of reasoning would essentially leave BeneFirst immune from suit. Aubuchon contends that BeneFirst cannot have it both ways.

DeCaro v. Hasbro, Inc.

542 F. Supp. 2d 141 · District Court, D. Massachusetts · Mar 31, 2008

To establish a claim under 151B, § 4(16), DeCaro must prove: (1) [he] is handicapped within the meaning of the statute; (2)[he] is a ‘qualified handicapped person’ (meaning that, notwithstanding the handicap, [he] can perform … Though it concedes that DeCaro is a handicapped individual, Hasbro argues that it is entitled to summary-judgment because, on the record before the court, Plaintiff cannot establish (1) that he was a “qualified handicapped