Case law

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.

Addamax Corp. v. Open Software Foundation, Inc.

888 F. Supp. 274 · District Court, D. Massachusetts · May 19, 1995

After establishing the existence of a contract, combination, or conspiracy, the plaintiff must establish that the agreement constitutes an “unreasonable restraint on trade.” … Per se treatment is limited to those cases in which the agreements are manifestly or patently unreasonable, and clearly serve no legitimate purpose.

Vartanian v. Monsanto Co.

822 F. Supp. 36 · District Court, D. Massachusetts · May 24, 1993

Even accepting for purposes of this motion plaintiffs allegation that Monsanto’s silence tricked him into electing retirement under the old plan, he cannot qualify as a “participant” under ERISA. … At the same time, however, there is an assumption that the historic powers of the States are not superseded by a federal enactment, unless this is clearly Congress’ intent. Id. at 1490 . Best v.

Rankins v. Murphy

198 F. Supp. 2d 3 · District Court, D. Massachusetts · Mar 28, 2002

. § 2254 (d), which réquire petitioner to show that the SJC’s adjudication, (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established federal law, as determined by the … Title III “is required only for a ‘failure to satisfy any of those statutory requirements that directly and substantially implement the congressional intention to limit the use of intercept procedures to those situations clearly

Curtin-Wilding v. Trustees of Boston University

District Court, D. Massachusetts · Aug 27, 2025

Nor are there any allegations that BU paid Curtin-Wilding less than what she was owed or later than the established monthly pay structure. … Here, the SJC has “clearly articulated the method by which Massachusetts statutes are to be interpreted.” Nicholls, 144 F.4th at 358, citing MacLaurin v. City of Holyoke, 475 Mass. 231 (2016).

Perkins v. Massachusetts Department of Revenue

507 B.R. 45 · District Court, D. Massachusetts · Mar 7, 2014

Among those changes, the Act included an unnumbered paragraph following section 523(a)(19), which attempted to establish a definition of return. … Far from achieving its clarifying purpose, the paragraph stirred more controversy about whether a document qualifies as a return.

Mailloux v. Kiley

323 F. Supp. 1387 · District Court, D. Massachusetts · Mar 22, 1971

In the opinion of other qualified persons plaintiff’s use of the word was not under the circumstances reasonable, or appropriate, or conducive to a serious educational purpose. … Clearly, the teacher’s right must yield to compelling public interests of greater constitutional significance.

Hanna v. Department of Children and Family Services

District Court, D. Massachusetts · Nov 19, 2024

It is well- established that the MTCA’s waiver of sovereign immunity extends only to claims brought in state court. … To state a claim under 15 these provisions,9 Plaintiff “must establish: (1) that [the triplets are] qualified individual[s] with [] disabilit[ies]

United States v. Sklar

721 F. Supp. 7 · District Court, D. Massachusetts · Sep 21, 1989

, nor was the sufficiency of the canine training established.... … As “a qualified official possessing ordinary and reasonable intelligence,” Meyer, 536 F.2d at 966 , it does not strain this Court’s credulity that Magistrate Pon-sor concluded that Harko was a qualified informant.

Gateway Group Advantage, Inc. v. McCarthy

300 F. Supp. 2d 236 · District Court, D. Massachusetts · Dec 4, 2003

The language of the insurance policy clearly focuses on the wrongful act or acts, and not on the number of duties breached or injuries sustained.” Id. at 1263. … Though clearly this course of conduct involved different types of acts, these acts were tied together because all were aimed at a single particular goal.

Empire Today, LLC v. National Floors Direct, Inc.

788 F. Supp. 2d 7 · District Court, D. Massachusetts · Jun 2, 2011

And even the customer orders showing Dan Rosenberg’s alleged miscalculations of 15% (and other percentages) 164 were not definitively established as qualifying for the 15% Promotion. 165 Second, and separately, the different … likely suggested an internal disagreement at NFD over a mathematical calculation. 167 It was a disagreement that was only used in a small percentage of instances, 168 none of which were clearly established as qualifying for

Kurtz v. Kripalu Center for Yoga & Health, Inc.

District Court, D. Massachusetts · Feb 5, 2019

Nonetheless, if Defendant is found liable for Plaintiff's injuries, it qualifies for charitable immunity. II. BACKGROUND1 A. … Ct. 2009) (a union, which existed "primarily for the benefit of its members," did not qualify for charitable immunity).

Henry v. Connolly

743 F. Supp. 922 · District Court, D. Massachusetts · Jul 24, 1990

After a hearing, the Commission overruled the objection based on its determination that the petition had been properly signed by twelve qualified voters. … Although this last formulation of the argument is not so clearly flawed as plaintiffs’ effort to have this court read the SJC opinion as imposing a “reading requirement,” I conclude that it, too, must be rejected.

George R. Whitten, Jr., Inc. v. Paddock Pool Builders, Inc.

376 F. Supp. 125 · District Court, D. Massachusetts · Apr 12, 1974

When one is successful and is specified the proprietary specifications make it difficult for the competition to qualify to bid. … Further, it was established that some of those jobs which were classified as “restrictive” for purposes of the damage theory were later subject to addenda approving the plaintiff as a qualified bidder.

Morales v. Russo

401 F. Supp. 2d 170 · District Court, D. Massachusetts · Nov 23, 2005

By failing to rebut the SJC’s finding that no witness intimidation occurred, Petitioner cannot establish that the SJC unreasonably applied clearly established federal law in this regard. … In the absence of supporting caselaw, Petitioner-fails to show that the SJC unreasonably applied clearly established federal Jaw in this regard.

Zavatsky v. O'Brien

902 F. Supp. 2d 135 · District Court, D. Massachusetts · Sep 30, 2012

In contrast, on three separate occasions Coyne was the only candidate who was qualified for the job under the relevant statute. … Massachusetts Civil Rights Act To establish a claim under the Massachusetts Civil Rights Act, Mass. Gen.

O'Brien v. Lifestyle Transportation, Inc.

956 F. Supp. 2d 300 · District Court, D. Massachusetts · Jul 23, 2013

It has not been established in the instant case that O’Brien is not a covered employee. … Rydbom Express, Inc., 2009 WL 3152136 , at *9 (E.D.Pa., Sept. 30, 2009) (“Section 306(c) clearly states that the employee’s work need only ‘in whole or in part’ affect the safety of operation of vehicles weighing 10,000 pounds

Davis v. Diversified Consultants, Inc.

36 F. Supp. 3d 217 · District Court, D. Massachusetts · Jun 27, 2014

The undisputed evidence here clearly establishes that the LiveVox system has the capacity to store telephone numbers. … The agency concluded that a “predictive dialer” that relies on lists of numbers qualifies as an ATDS under the TCPA. That ruling is entitled to deference. See Leyse v.