Case law

Crevier v. Town of Spencer

600 F. Supp. 2d 242 · District Court, D. Massachusetts · Sep 26, 2008

Crohn’s disease is clearly a disability within the meaning of the ADA. See, e.g. Nesser v. Trans World Airlines, Inc., 160 F.3d 442, 445 (8th Cir.1998). … Thus, plaintiff qualifies as “disabled” within the meaning of the ADA. *254 2.

Grenier v. Town of Shrewsbury

52 F. Supp. 3d 149 · District Court, D. Massachusetts · Sep 26, 2014

Therefore, Grenier must establish "good cause” for the amendment. Cruz v. … Additionally, it is not necessary for me to address Defendants’ assertion that the individual Defendants, i.e., the Board Members, are entitled to qualified immunity.

Rosie D. Ex Rel. John D. v. Patrick

593 F. Supp. 2d 325 · District Court, D. Massachusetts · Jan 14, 2009

An appeal of the denial of Defendants’ claim of Eleventh Amendment immunity proceeded before the First Circuit and resulted in an affirmance of the district court’s ruling in all respects. 310 F.3d 230 (1st Cir.2002). … Fifty typical children suffering from SED were selected from the class, and five highly qualified experts evaluated this sample and presented their findings with regard to whether the children’s level of care complied with

Ferrara v. United States

384 F. Supp. 2d 384 · District Court, D. Massachusetts · Apr 12, 2005

Maryland, 373 U.S. at 87 , 83 S.Ct. 1194 , clearly established that the government has a duty to disclose to a defendant exculpatory evidence that is material to guilt or punishment. … In addition, in 1992, it was clearly established by the Court’s 1970 decisions in Brady v.

United States v. Chevoor

392 F. Supp. 436 · District Court, D. Massachusetts · Mar 21, 1975

By this time the defendant was clearly something other than a loan shark victim whose testimony was sought to nail a grand jury target. … Judicial supervision of the administration of criminal justice in the federal courts implies the duty of establishing and maintaining civilized standards of procedure and evidence.

Davis v. Dookhan

District Court, D. Massachusetts · Mar 11, 2022

immunity. … Because Defendant Piro is not officially or individually liable for the claims against him, the issue of qualified immunity need not be addressed.

McNiff v. Town of Dracut

433 F. Supp. 2d 145 · District Court, D. Massachusetts · May 30, 2006

Here, the defendant has clearly articulated a “legitimate, non-discriminatory reason for the adverse employment action.” Lt. Richardson was promoted over McNiff for a multitude of reasons: Lt. … Crowley American Transport, *157 Inc., 206 F.Supp.2d 279, 290 (D.P.R., 2002) (holding that an employee failed to establish discrimination when his employer chose to promote other more-qualified employees) (citing Santiago

Hatfield v. Blue Cross & Blue Shield of Massachusetts, Inc.

162 F. Supp. 3d 24 · District Court, D. Massachusetts · Feb 10, 2016

Initial review is used to “determine whether the participant qualifies for admission to a particular type of treatment facility,” while concurrent review is used to “determine whether a participant who initially qualified … for admission to a treatment facility qualifies for continued care in the facility.”

Plymouth Rock Assurance Corporation v. United States Postal Service

District Court, D. Massachusetts · Nov 27, 2023

That mandatory arbitration procedure “would conflict with the administrative arrangement established in the Federal Tort Claims Act.” Liberty Mut. Ins. Co., 490 F. … Mass. 2021) (“[T]he FTCA only waives sovereign immunity for claims for money damages.”). IV.

United States v. Partners Healthcare System, Inc.

591 F. Supp. 2d 116 · District Court, D. Massachusetts · Sep 30, 2008

It is unlikely, however, that a physician could establish a practice without completing a residency program. 3 Id. … ‘qualified tuition and related expenses.’ ” 26 U.S.C. § 117 (b)(1).

Luthy v. Proulx

464 F. Supp. 2d 69 · District Court, D. Massachusetts · Dec 14, 2006

. 17 Instead, section 1983 liability must be grounded in the execution of a government policy or custom to implicate a municipality in the deprivation of a person’s constitutionally protected rights. 18 Specifically, to establish … Harris, 489 U.S. 378, 385-87 , 109 S.Ct. 1197 , 103 L.Ed.2d 412 (1989) (discussing and identifying the kinds of policies that can qualify a city or town for municipal liability). 18 . Id. 19 . Foley v.

Akar v. Federal National Mortgage Ass'n

843 F. Supp. 2d 154 · District Court, D. Massachusetts · Feb 9, 2012

According to the plaintiffs, the two mortgages together had a loan to value ratio of 95%, and they did not qualify for private mortgage insurance that would have protected the lender. (Id.). … The issue raised by the plaintiffs’ claim under the FDCPA is not whether the communications at issue were consistent with common practice or not clearly unlawful under Massachusetts law at the time they were sent.

Barry Wright Corp. v. Pacific Scientific Corp.

555 F. Supp. 1264 · District Court, D. Massachusetts · Jan 28, 1983

Pacific’s dominance of the market generally and total control of mechanical snubbers in the United States clearly gave it market power. … Accepting all three contracts was Grinnell’s choice, apparently for two reasons: relatively favorable pricing and established availability of a reliable product.

In re Lupron Marketing & Sales Practices Litigation

228 F.R.D. 75 · District Court, D. Massachusetts · May 12, 2005

An attorney appearing for Robert Swanston, the class representative in the Arizona action, argued that the release given to TAP might conceivably be interpreted as immunizing other pharmaceutical companies which Swanston … It has always been the law that a legally immune party may be part of an actionable conspiracy. 37 See, e.g., Standefer v. United States, 447 U.S. 10, 15-21 , 100 S.Ct. 1999 , 64 L.Ed.2d 689 (1980).

Alves v. Mazda Motor of America, Inc.

448 F. Supp. 2d 285 · District Court, D. Massachusetts · Aug 21, 2006

This conclusion is not qualified by any of plaintiffs arguments. … Defendants assert that Ridgeway and Lacek are not qualified to provide the evidence that they proffer.

In Re the Complaint of Tracey

608 F. Supp. 263 · District Court, D. Massachusetts · Apr 2, 1985

Even if the non-moving party has failed to offer responsive affidavits or other materials, the burden remains on the moving party to clearly establish the lack of any triable issues of fact. Adickes v. S.H. … “[M]erely because these two pleasure boats ... are regarded as ‘vessels’ for the purpose of establishing general admiralty jurisdiction does not mean that they must qualify as such for every provision under admiralty law.

Fox v. Lappin

409 F. Supp. 2d 79 · District Court, D. Massachusetts · Jan 17, 2006

The bill is not intended to establish a federal registry system, nor does it require States to enact new laws. … “[EJven if a statutory scheme requires individualized determinations ... the decisionmaker has the authority to rely on rulemaking to resolve a clearly certain issue of general applicability unless Congress clearly expresses

Gentili v. COMMONWEALTH OF MASSACHUSETTS

District Court, D. Massachusetts · Jul 20, 2022

Here, sovereign immunity clearly applies to each of Mr. Gentili’s claims, as he directly seeks declaratory and monetary relief against the Commonwealth. … Gentili bears the burden to establish that Congress has abrogated the Commonwealth’s immunity, or that the Commonwealth has consented to be sued. He can do neither.

Aquidneck Trucking, LLC v. Lightspeed Trucking, LLC

District Court, D. Massachusetts · Jun 20, 2025

As a technical matter, this is clearly incorrect. See, e.g., SBA-Backed Loan at 1 (stating that the agreement is “by and between” Aquidneck and its private lender). … Plaintiffs cite merely establish: 1) that the parties were aware of SBA’s guarantee;4 and 2) certain contingencies in the event of an SBA takeover.5 This is plainly insufficient. III.

O'Connell Management Co. v. Massachusetts Port Authority

744 F. Supp. 368 · District Court, D. Massachusetts · Aug 8, 1990

Section 1983 provides a cause of action for the deprivation of any rights, privileges or immunities secured by the Constitution and laws of the United States. Wilder v. … I need not decide whether § 1983 provides the exclusive remedy for claims arising from the Fourteenth Amendment; the provision clearly applies in this case. 12 .