Case law

Hamel v. Simmons

District Court, D. Massachusetts · Nov 13, 2018

immune from suit pursuant to the Westfall Act. … I find Hamel has failed to conclusively establish entitlement to a favorable judgment.

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.

Vecinos DeBarrio Uno v. City of Holyoke

880 F. Supp. 911 · District Court, D. Massachusetts · Mar 27, 1995

The “us” was fairly clearly the longtime white residential community, the “them” the more recent Hispanic minority. … Clearly, Pluta was supported by a significant number of Hispanic voters. The total vote for Pluta was 510 votes compared to 471 votes for Lopez.

United States v. Salemme

164 F. Supp. 2d 49 · District Court, D. Massachusetts · Feb 13, 1998

O’Sullivan’s records occurred. 4 The Organized Crime Drug Enforcement Task Force (“OCDETF”) was established during my tenure in the United States Attorney’s Office. … Rather, he was suggesting that a judge might reject the application because the information it contained was not presented clearly. In any event, the application as approved by Mr.

Basf Catalysts LLC v. United States

479 F. Supp. 2d 214 · District Court, D. Massachusetts · Mar 26, 2007

Drawing such a conclusion is also unjustified considering that § 113(g)(3) lists no triggering event for settlements with a state, even though some such settlements clearly qualify under § 113(f)(3)(B). … ("Applying this definition, the instant action clearly qualifies as an action for contribution under section 9613(f)(1).

Allison v. Ficco

284 F. Supp. 2d 182 · District Court, D. Massachusetts · Aug 13, 2003

established federal law. … Nor was the Supreme Judicial Court’s rejection of Allison’s claim an unreasonable application of clearly established federal law.

Rosie D. v. Romney

410 F. Supp. 2d 18 · District Court, D. Massachusetts · Jan 26, 2006

These notices list services such as check-ups, dental exams, and immunizations but do not mention any mental health services. 16. … All DSS children who qualify for MassHealth receive their mental health services through MB HP. 71.

New England Carpenters Health Benefits Fund v. McKesson Corp.

573 F. Supp. 2d 431 · District Court, D. Massachusetts · Aug 26, 2008

As an initial matter, Plaintiffs contend that the alleged “conspiracy” in this case qualifies as a “per se” unreasonable restraint on trade. … McKesson’s conspiracy to charge higher prices is not itself sufficient to establish “antitrust injury.”

Brigham v. Sun Life of Canada

183 F. Supp. 2d 427 · District Court, D. Massachusetts · Feb 6, 2002

To qualify for long term benefits after the sixty-month mark, the employee’s illness must prevent him “from engaging in any occupation for which he is or becomes reasonably qualified by education, training, or experience. … The phrase “satisfactory to us” clearly grants to Sun Life discretionary authority over eligibility decisions.

United States v. Nanlo, Inc.

519 F. Supp. 723 · District Court, D. Massachusetts · Aug 3, 1981

The propriety of this procedure is firmly established. … The authority of the FTC to request the QFR is clearly established here, see Part II, B, supra, and I do not understand Nanlo to seriously challenge the relevancy of the information sought.

Cosenza v. City of Worcester

District Court, D. Massachusetts · Jan 9, 2023

Qualified Immunity The defendants argue qualified immunity bars liability for the suppression and fabrication claims. … The second prong concerns whether the law was clearly established at the time of the violation and whether a reasonable defendant would know his conduct violated the plaintiff’s rights. Id.

Green v. United States

158 F. Supp. 804 · District Court, D. Massachusetts · Jan 30, 1958

Attorney Hassan for complete immunity * * * if he would testify to a perjured statement that petitioner and Jacobonis robbed the Norwood Bank.” … “It is clearly established that an appellant [or petitioner] must do more to void his conviction than to show the conviction was secured by perjured testimony.

Akerman v. GlaxoSmithKline, LCC

261 F. Supp. 3d 62 · District Court, D. Massachusetts · Aug 4, 2017

Because animal reproduction studies are not always predictive of human response, this drug should be used during pregnancy only if clearly needed. (Id. ¶ 50). … [Cjourts are'not institutionally qualified to balance the complex, interrelated, and divergent policy considerations in determining labeling and liability obligations of brand and generic pharmaceuticals. 850 N.W.2d at 377

Shaulis v. Nordstrom Inc.

120 F. Supp. 3d 40 · District Court, D. Massachusetts · Aug 14, 2015

“[Wjhether the particular violation or violations qualify as unfair or deceptive conduct is best discerned from the circumstances of each case.” Id. (quoting Kattar v. … The price tag clearly stated a “Compare At” price of $218.00, and identified a “77% Savings.” (Second Am. Compl. Exs. A-B).

Sexual Minorities Uganda v. Lively

960 F. Supp. 2d 304 · District Court, D. Massachusetts · Aug 14, 2013

It must be demonstrated, in addition, that the persecution has been “part of a widespread or systematic attack” to qualify as a crime against humanity. … It is well-established, however, that the Petition Clause does not immunize a defendant’s interactions with foreign governments. Australia/E astern U.S.A. v.

Marinelli v. Potter

661 F. Supp. 2d 69 · District Court, D. Massachusetts · Jul 22, 2009

Plaintiff here clearly engaged in protected activity by virtue of his participation in EEO processes arising from his allegations of age discrimination. b. … (internal citation omitted). 17 Questions of sovereign immunity further complicate the issue.

Winfield v. Lawrence General Hospital

District Court, D. Massachusetts · Oct 5, 2018

’s alleged violation” in order to overcome Dube’s assertion of the defense of qualified immunity. … Dube is also entitled to qualified immunity based on the first prong of the qualified immunity analysis, which is “whether the facts alleged or shown by the plaintiff make out a violation of a constitutional right.”

Omnipoint Holdings, Inc. v. Town of Westford

206 F. Supp. 2d 166 · District Court, D. Massachusetts · Jun 17, 2002

Having satisfied the first prong, Plaintiff must establish that future efforts to fill the gap will be futile. … Board member Sam Frank indicated that “the use variance as far as the town bylaw goes is deficient because there is clearly another use for this parcel ....” 49 Ellen Douchette again indicated that “clearly, this is not a

Howell v. Middlesex Community College

District Court, D. Massachusetts · Dec 20, 2022

Contrary to Howell’s suggestion, his attendance at some classes at a community college elsewhere did not automatically establish his eligibility for FSA at MCC. … In enacting 42 U.S.C. § 1981, 1982, 1985(3), or 1986, Congress did not override the Eleventh Amendment immunity of the states. See Henry v. Florida Bar, 701 Fed.

Aufiero v. Clarke

489 F. Supp. 650 · District Court, D. Massachusetts · Apr 11, 1980

Dukakis told Clarke that he did not want to have any more patronage appointees in the Department and authorized Clarke to remove any patronage appointee who was not qualified. … The plaintiff’s prima facie case The plaintiff has established a prima facie case that his discharge was because of his political activity.