Case law

Ayele v. Educational Credit Management Corp.

490 B.R. 460 · District Court, D. Massachusetts · Mar 8, 2013

Ayele failed to satisfy his burden of establishing undue hardship as of the time of trial. This Court agrees that Ayele has failed to meet his burden under either test. a. … In this case, the Bankruptcy Court took judicial notice of the fact that under the Ford Program Ayele would qualify for either an Income Repayment plan (“ICR”) or the Income-Based Repayment program (“IBR”).

Regis v. William Gross

District Court, D. Massachusetts · Jun 1, 2020

City Defendants nonetheless object to Plaintiffs’ request to amend the complaint on the basis that the proposed amendments are futile, since the named officers would enjoy qualified immunity for the alleged conduct. … Accordingly, the timely motion to amend is allowed and the court will address the qualified immunity argument in the first instance if raised by the Defendant officers themselves.

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.

Vega v. Nourse Farms, Inc.

62 F. Supp. 2d 334 · District Court, D. Massachusetts · Aug 25, 1999

First, the H-2A provisions at issue, including the positive recruitment and fifty-percent rales, were clearly promulgated for the particular benefit of United States workers. … Fourth, the area of immigration and naturalization clearly has traditionally been entrusted exclusively to the federal government. See, e.g., Plyler v.

Bey v. Budreau

District Court, D. Massachusetts · Feb 17, 2023

In support of his request for injunctive relief, Bey contends that “the 4th amendment was clearly violated and there would be no need for a trial [if the motion to suppress was granted].” … The doctrine of judicial immunity establishes the absolute immunity of judges from damages for actions taken as part of their judicial (as opposed to executive or administrative) functions that are within their jurisdiction

Delgado v. Dennehy

503 F. Supp. 2d 411 · District Court, D. Massachusetts · Aug 27, 2007

established federal law. … Supp 2d at 54, the absence of clearly established federal law, as determined by the Supreme Court, hardly helps his case.

DiNapoli v. Yelp Inc.

District Court, D. Massachusetts · Jan 15, 2019

Yelp contends that its conduct qualifies under parts three and four. … In short, the fact that Yelp provides a forum for customer reviews does not immunize it from suit, nor does it mean that every act it undertakes is in furtherance of free speech.

Hamilton v. Baystate Medical Education & Research Foundation

866 F. Supp. 51 · District Court, D. Massachusetts · Oct 27, 1994

Graves Disease causes the body’s immune system to attack the thyroid gland and results in the production of excessive thyroid hormone, resulting in the impairment of a person’s memory and ability to concentrate. Dr. … Plaintiffs claim that his emotional distress was caused by uncertainty in his official employment status clearly arises out of the nature of his employment.

McCabe v. City of Lynn

875 F. Supp. 53 · District Court, D. Massachusetts · Feb 2, 1995

To establish liability against a municipality under § 1983 after Monell , a plaintiff must prove that: (1) the municipality maintained a policy or custom; and (2) the same custom or policy was the cause of and the moving … Although a certified physician or psychologist might be uniquely qualified to evaluate the emotional condition of a patient, he or she is not qualified to determine whether probable cause exists to support an unconsented

Coopersmith v. Lehman Broth., Inc.

344 F. Supp. 2d 783 · District Court, D. Massachusetts · Oct 27, 2004

“To accomplish this objective, the PSLRA establishes a new mechanism for appointing a lead plaintiff and lead counsel.” In re Tyco Int’l, Ltd., Nos. 00-MD-1335-B, 2000 DNH 182 , 2000 WL 1513772 , at *1 (D.N.H. … The situation then arose whereby Swack, who had been approved as lead plaintiff in other litigation, was found not to qualify in this litigation.

United States v. Weikert

421 F. Supp. 2d 259 · District Court, D. Massachusetts · Feb 27, 2006

In this case, the government’s purpose is clearly not “beyond the normal need for law enforcement.” Edmond, 531 U.S. at 37 , 121 S.Ct. 447 . … Irreparable Injury I find that defendant will clearly suffer irreparable harm if a preliminary injunction is not granted and he is forced to provide a blood sample.

United States v. Chase

221 F. Supp. 2d 209 · District Court, D. Massachusetts · Sep 13, 2002

In effect, § 924(c) has two parts: The prosecution must show beyond a reasonable doubt (1) a nexus between the weapon and the defendant as established by the defendant’s actual or constructive possession of the weapon, and … Significantly, none of these theories would have been sufficient to establish a § 924(c) offense in this case. The Supreme Court’s decision in Bailey v.

Alexander v. Trustees of Boston University

584 F. Supp. 282 · District Court, D. Massachusetts · Apr 11, 1984

Instead, he established a new ground for denial of aid: failure to comply with an administrative requirement that all applicants for aid file a registration compliance statement. … Second, this sanction is even more clearly disproportionate when applied to those whose violations of the regulations are founded on religious principle.

Meehan v. New England School of Law

522 F. Supp. 484 · District Court, D. Massachusetts · Sep 11, 1981

But, in so doing, the board sought to establish clearly that Meehan’s relationship with NESL would terminate at the end of the 1974-1975 academic year; hence, McCormack and Gillis’ insistence on the provision relating to … Meehan also complains that she had impressive credentials and that male faculty members no more qualified and some less qualified than she were awarded tenure.

Andrew S. Ex Rel. Margaret S. v. School Committee

59 F. Supp. 2d 237 · District Court, D. Massachusetts · Aug 5, 1999

It would have been simple to make this point clearly, had Congress intended it. … To qualify as a prevailing party, the plaintiff must show both materiality and causation. See New Hampshire v. Adams, 159 F.3d 680, 684 (1st Cir.1998) (citing Farrar v.

Brigham & Women's Hospital, Inc. v. Perrigo Co.

251 F. Supp. 3d 285 · District Court, D. Massachusetts · Apr 24, 2017

Leasing Corp., 361 F.2d 359, 362 (1st Cir. 1966) (explaining that a final judgment is one that does not leave the suit pending for further proceedings and “clearly evidence^] the district court’s intention that it shall be … Although a court may extend the time to file a notice of appeal if the moving party establishes that either good cause or excusable neglect exists, Perrigo has failed to establish either grounds for extension. Fed. R.

Horne v. City of Boston

509 F. Supp. 2d 97 · District Court, D. Massachusetts · Sep 19, 2007

The non-moving party “must adduce specific, provable facts which establish that there is a triable issue.” Id. … They also claim qualified immunity as an affirmative defense. As the court agrees with defendants' primary argument, there is no need to address either of these alternative bases for judgment. 17 .

Ziviak v. United States

411 F. Supp. 416 · District Court, D. Massachusetts · Mar 5, 1976

“gratuitous” does not totally immunize the Act from scrutiny under the Fifth Amendment. … With this in mind, the stated purpose of the bill is more clearly-understood.

In Re Pharmaceutical Industry Average Wholesale Price Litigation

263 F. Supp. 2d 172 · District Court, D. Massachusetts · May 13, 2003

Medicare Part B establishes an insurance program to pay for physicians’ services. See id. at §§ 1395j-1395w. … “[A] common commercial practice,” however, is not enough to establish juridical linkage. La Mar, 489 F.2d at 470 .

Strong v. USPS

District Court, D. Massachusetts · Jun 20, 2024

federal courts to dismiss a complaint sua sponte if the claims therein lack an arguable basis in law or in fact, fail to state a claim on which relief may be granted, or seek monetary relief against a defendant who is immune … In preparing an amended complaint, Strong should, in sequentially numbered paragraphs, clearly and succinctly set forth the relevant factual allegations and identify each legal claim he wishes to assert.