Case law

Morrissey v. Boston Five Cents Savings Bank FSB

866 F. Supp. 643 · District Court, D. Massachusetts · Nov 2, 1994

Instead, the nonmoving party must adduce specific, provable facts that establish a triable issue. Id. … If Morrissey’s position, the fifth highest in the Bank, were not to qualify as a high policymaking position, it would be difficult to find a position that did.

McClinton v. Suffolk County Jail

District Court, D. Massachusetts · Nov 1, 2021

immunity. … Because McClinton has failed to establish a constitutional violation by the Defendants, however, this Court need not address their qualified immunity argument. Ruiz-Casillas v.

Doe v. City of Northampton

District Court, D. Massachusetts · Jul 1, 2024

Sovereign Immunity As to Defendant’s next threshold objection regarding sovereign immunity, the court concludes that, unless an exception applies, Defendant would be immune … However, “[a]cts which involve ‘the carrying out of previously established policies or plans,’… , do not warrant immunity [under the discretionary function exception].” Penate v. Scampini, 600 F. Supp. 3d 129, 140 (D.

Soni v. Wespiser

239 F. Supp. 3d 373 · District Court, D. Massachusetts · Mar 3, 2017

Finally, the complaint clearly alleges defendants had knowledge of her prior discrimination lawsuits, and that those were spun into alleged defamatory statements about Dr. Soni being “trouble.” … Soni clearly had relationships with CMC and Baystate which contemplated economic benefit. As discussed above, it can be reasonably inferred that Dr. Wes-piser harbored ill will toward Dr..

Weiss v. People Savings Bank (In Re Three Partners, Inc.)

199 B.R. 230 · District Court, D. Massachusetts · Sep 29, 1995

Section 549(a)(2)(A) clearly has no application to the facts of this case. 9 . … (B) Limitation on qualified property. — The term "qualified property", when used with respect to commercial transactions financing agreement, includes only commercial financing security acquired by the taxpayer before the

Limone v. United States

497 F. Supp. 2d 143 · District Court, D. Massachusetts · Jul 26, 2007

Conduct short of that plainly qualifies as subornation of perjury. … The Court was addressing these issues in connection with the FBI's claim of qualified immunity.

Carta Ex Rel. Estate of Carta v. Lumbermens Mutual Casualty Co.

419 F. Supp. 2d 23 · District Court, D. Massachusetts · Mar 13, 2006

Clearly, and as one of defense counsel explained, the defense witnesses will testify to the effect that there was no settlement offer ever on the table. … Accordingly, the “expense and possible delay inherent in any disqualification of counsel” without more, do not qualify as substantial hardship, Estate of Andrews v.

Wagner & Wagner Auto Sales, Inc. v. Land Rover North America, Inc.

539 F. Supp. 2d 461 · District Court, D. Massachusetts · Mar 19, 2008

In September 1999, LRNA and Wagner entered into a letter of intent to establish a “Land Rover Centre.” … She clearly stated that plaintiff did not agree to the proposed amendment offered by LRNA.

B. F. Sturtevant Co. v. United States

18 F. Supp. 28 · District Court, D. Massachusetts · Jan 20, 1937

It is difficult to conceive circumstances which would more clearly establish a succession of business than the facts of this case. … Witnesses, called, by the petitioner, who in my opinion were qualified to give an opinion based on relevant factors, put the value from $500,000 to $700,-000 as of March 1, 1913.

Fraser v. Major League Soccer, L.L.C.

180 F.R.D. 178 · District Court, D. Massachusetts · Jan 28, 1998

The focus of this inquiry is whether: (1) the class members have interests common with and not antagonistic to the members of the class; and (2) the class representatives and their counsel are “qualified, experienced and … be met: (1) the prosecution of separate actions by or against individual members of the class would create a risk of (A) inconsistent or varying adjudications with respect to individual members of the class which would establish

Ray v. Ropes & Gray LLP

961 F. Supp. 2d 344 · District Court, D. Massachusetts · Aug 16, 2013

But, at this preliminary stage, Ray “need not show that [ ]he was ‘qualified’ for partnership in the sense that [ ]he was clearly entitled to partnership; rather [Ray] must merely show that ‘[ ]he was sufficiently qualified … LaBrum & Doak, 846 F.Supp. 1224, 1232 (E.D.Pa.1993) (favorable evaluations from partners sufficient to establish qualification for a partnership).

Sullivan v. City of Springfield

555 F. Supp. 2d 246 · District Court, D. Massachusetts · May 23, 2008

On remand the First Circuit directed the district court to order “some form of compensatory relief’ for class members and suggested that the relief include the establishment of priority pools to facilitate the hiring of qualified … First, though the reach of the Castro decree is clearly central to this case, neither party here was a party to that decree.

Showtime Entertainment LLC v. Ammendolia

885 F. Supp. 2d 507 · District Court, D. Massachusetts · Aug 9, 2012

The Supreme Judicial Court has held that nude dancing is also a protected form of expression under Article 16, but it declined to adopt the qualified language used by the Supreme Court. Mendoza v. … The second requirement — that the ordinance be “narrowly tailored” — is also clearly satisfied by the alcohol-prohibition by-laws.

Westcott v. Califano

460 F. Supp. 737 · District Court, D. Massachusetts · Apr 20, 1978

Affleck, 388 F.Supp. 137, 139-40 (D.R.I.1975), and “[I]t is not necessary that the members of the class be so clearly identified that any member can be presently ascertained.” Carpenter v. … This court heartily agrees that the statutory and regulatory distinction, thus established, is gender based.

Stevens v. CSA, INC.

271 B.R. 410 · District Court, D. Massachusetts · Aug 27, 2001

Bankruptcy Rule 6006(b) provides that such a motion to compel an assumption or rejection decision by the DIP is governed by Bankruptcy Rule 9014, which establishes procedural requirements in contested matters. … Orders which qualify as “final judgments, orders and decrees” are reviewed as of right under § 158(a)(1).

United States v. Whigham

754 F. Supp. 2d 239 · District Court, D. Massachusetts · Dec 3, 2010

While the Federal Sentencing Guidelines did not ask about these other individuals — clearly, a flaw — I did. 560 F.Supp.2d at 84 . … While the Federal Sentencing Guidelines did not ask about these other individuals — clearly, a flaw — I did. 560 F.Supp.2d at 84 .

United States v. Mubayyid

567 F. Supp. 2d 223 · District Court, D. Massachusetts · Jul 24, 2008

Thus, false statements made to state agencies or to private parties may qualify as false statements to a federal agency. … That assertion is clearly incorrect.

Wright v. DeMoura

District Court, D. Massachusetts · Mar 27, 2025

Additionally, claims against state officials in their individual capacities under Section 1983 are subject to the doctrine of qualified immunity. See Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). … Wright has not sued the Department of Correction (DOC) and the defendants assert qualified immunity, they are sued individually under 42 U.S.C. § 1983.”).

Matter of Boston and Maine Corp.

468 F. Supp. 996 · District Court, D. Massachusetts · Mar 12, 1979

To qualify under the rule a creditor must establish (1) that the claim represents a current operating expense of the railroad necessarily incurred, (2) that it was incurred within six months prior to the filing of the reorganization … The evidence here clearly demonstrates that there is no basis for finding the existence of a current expense fund from the operating revenues.

Hurley-Bardige v. Brown

900 F. Supp. 567 · District Court, D. Massachusetts · Oct 5, 1995

In *570 order to establish a prima facie case under the Rehabilitation Act, Hurley-Bardige must establish (1) that at the time of the alleged discrimination she suffered from a cognizable disability; (2) that she was, nonetheless … , qualified to do the job; and (3) that she suffered an adverse employment decision because of her disability.