Case law

Mullane v. Massachusetts Board of Bar Examiners

District Court, D. Massachusetts · Sep 10, 2021

L. c. 221 §§ 35–37 (establishing BBE and SJC authority over it); SJC Rule 3.01 §§ 5.1, 7.1 (delegating rulemaking authority to BBE). … In such a suit, the state official “could claim absolute or qualified immunity as a defense,” as Wellington does here. Asociacion De Subscripcion Conjunta Del Seguro De Responsabilidad Obligatorio v.

Jenkins v. The Boston Housing Courts

District Court, D. Massachusetts · Nov 15, 2018

June 15, 2015) (“It is well established [. . .] that leave may be denied if it would reward undue delay or a lack of due diligence.”) (citing Steir v. … Here, the state enjoys immunity; plaintiff’s ADA claims are barred by the Eleventh Amendment.

Tracy v. Olson

400 F. Supp. 2d 393 · District Court, D. Massachusetts · Nov 30, 2005

“[A] federal habeas court may not issue the writ simply because that court concludes in its independent judgment that the relevant state-court decision applied clearly established federal law erroneously or incorrectly. … As a general statement, a habeas petition is evaluated according to the clearly-established Supreme Court law in effect at the time the petitioner’s conviction became final. Williams v.

Albert v. Runyon

6 F. Supp. 2d 57 · District Court, D. Massachusetts · May 5, 1998

Smith’s submissions do not provide a sufficient basis for assessing whether Albert’s condition qualified for FMLA leave. … This can perhaps be seen more clearly by examining what it would mean to accept the Service’s claim.

Cole v. The Massachusetts Commission Against Discrimination

District Court, D. Massachusetts · May 18, 2022

In its previous orders, the Court found that Cole had failed to state a claim upon which relief can be granted because the MCAD’s Eleventh Amendment immunity … Thus, “[a] plaintiff seeking relief under Title II ‘must establish: (1) that [s]he is a qualified individual with a disability; (2) that [s]he was excluded from participating in,

Laurenzano v. Blue Cross & Blue Shield of Massachusetts, Inc. Retirement Income Trust

134 F. Supp. 2d 189 · District Court, D. Massachusetts · Mar 27, 2001

In this case, where the Plan is clear, but also clearly illegal, the question is whether each class member reasonably should have known at the moment he joined the Plan that he had a cause of action. … This section provides, in part: (g) Distribution of present value of annuity; written consent; determination of present value (1) A plan may provide that the present value of a qualified joint and survivor annuity or a qualified

Chestnut Hill Gulf, Inc. v. Cumberland Farms, Inc.

788 F. Supp. 616 · District Court, D. Massachusetts · Feb 10, 1992

Cumberland’s rental amounts were set in accord with its established rental formula applied uniformly to all its franchises. … “It is clearly established that a party need not assert a counterclaim that has not matured at the time he served his pleading....

Shaffer v. Foster-Miller, Inc.

650 F. Supp. 2d 124 · District Court, D. Massachusetts · Sep 3, 2009

On this point, the Report and Recommendation is clearly correct. The various arguments offered to attempt to avoid summary judgment on this point are well addressed in the Report and Recommendation. … In July of 2005, after reviewing the claim, Unum, as claims administrator, determined that Plaintiff was not qualified for benefits. (Id. ¶ 15.)

McLaughlin v. Harbor Cruises LLC

880 F. Supp. 2d 179 · District Court, D. Massachusetts · Jul 20, 2012

For example, there are a number of cases dealing with whether workers on a dredging barge would qualify for the exemption. … The record establishes that they are expected to be, and are, available to perform the duties of general deckhands when necessary.

Branch v. Federal Deposit Insurance

825 F. Supp. 384 · District Court, D. Massachusetts · Jun 22, 1993

Accordingly, Branch establishes the necessary elements for a viable claim under sections 91 and 194 of the NBA. … Federal Tort Claims Act While it is axiomatic that the United States is immune from suit unless it consents *419 to be sued, United States v.

Hochstadt v. Boston Scientific Corp.

708 F. Supp. 2d 95 · District Court, D. Massachusetts · Apr 27, 2010

The Plan qualifies as an “employee pension benefit plan” within the meaning of ERISA § 3(2)(A), 29 U.S.C. § 1002 (2)(A). … Legal Standard In order to certify a class, “[a] district court must conduct a rigorous analysis of the prerequisites established by Rule 23.” Smilow v. Sw.

Educational Credit Management Corp. v. Bronsdon

421 B.R. 27 · District Court, D. Massachusetts · Nov 20, 2009

While the opportunity to participate in the ICRP would not necessarily foreclose a finding of undue hardship, the immediate effect of participation must be considered in determining whether the debtor has established the … Therefore, the findings that she will not pass in the future and "will not work as an attorney are not clearly erroneous.

Langlois v. Abington Housing Authority

234 F. Supp. 2d 33 · District Court, D. Massachusetts · Nov 27, 2002

The waiting lists generated by the 1998 lotteries do not necessarily reflect all qualified applicants. … Based on the evidence of car and phone ownership, as well as the established disproportionately high numbers of qualified minority nonresidents, I have no doubt that the application procedures worked a disparate impact on

Lawless v. Town of Freetown

District Court, D. Massachusetts · Mar 9, 2021

Qualified Immunity The Board members also suggest that they are entitled to qualified immunity. Defs’ Mem. 21-24 [#100]. … Courts evaluate claims for qualified immunity under a two-part test: “(1) whether the facts alleged or shown by the plaintiff make out a violation of a constitutional right; and (2) if so, whether the right was ‘clearly

Selfridge v. Jama

172 F. Supp. 3d 397 · District Court, D. Massachusetts · Mar 24, 2016

Clearly, depositions scheduled to occur on August 1 fall outside these bounds. … This is sufficient to establish a foundation for personal knowledge. c.

Esoterix Genetic Laboratories LLC v. Qiagen Inc.

133 F. Supp. 3d 349 · District Court, D. Massachusetts · Sep 25, 2015

, and (ii) those facts suffice to establish the affirmative defense with certitude.” … Furthermore, Qiagen’s Motion to Dismiss does not seek to establish any facts that would be subject to proof by clear and convincing evidence.

Bolton

District Court, D. Massachusetts · May 15, 2026

The amended complaint does not clearly state how long JF was in the custody of DCF. At some point, DCF made a formal finding of neglect by Bolton. … “It is well-established that ‘only those individuals who participated in the conduct that deprived the plaintiff of his rights can be held liable.’” Velez-Rivera v.

Rimowa Distribution, Inc. v. Travelers Club Luggage, Inc.

217 F. Supp. 3d 400 · District Court, D. Massachusetts · Nov 8, 2016

TCL asserts that Rimowa’s trademarks do not qualify under this provision because Rimowa has offered no evidence to establish that its marks are “famous,” and because Dr. … Because the court does not find that the ’403 patent clearly and convincingly establishes the functionality of the asserted marks, the fraudulent procurement claim fails as a matter of law.

Stuart v. City of Gloucester

District Court, D. Massachusetts · Jul 15, 2019

defense of qualified immunity. … Qualified immunity protects public officials, in their individual capacity, “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Hamilton v. School Committee of the City of Boston

725 F. Supp. 641 · District Court, D. Massachusetts · Nov 17, 1989

She alleged that she was the better qualified candidate but was denied the appointment because she was a woman. The settlement agreement was executed in August 1987. … United States, 885 F.2d 627, 632-33 (9th Cir.1989) (defendant Indian tribe’s sovereign immunity made issue irrelevant); Fox v.