Case law

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.

Silverman v. Laird

339 F. Supp. 876 · District Court, D. Massachusetts · Mar 15, 1972

In my opinion, the foregoing clearly depicts a person who is politically motivated toward an end to the war in Vietnam. … Captain Silverman’s views are essentially political and sociological and tend to establish him as a ‘selective’ objector — failing to conclusively establish his opposition to all wars.”

Andujar v. Nortel Networks, Inc.

400 F. Supp. 2d 306 · District Court, D. Massachusetts · Oct 28, 2005

Thus, there are factual disputes as to whether Andujar was qualified to be a work coordinator. … Therefore, according to Nortel, Andujar cannot establish that there was a vacant position, that she was qualified for the job, or that the position was otherwise filled. (Nortel Law Reply (Docket No. 59) at 30-31).

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.

City of Westfield v. Harris & Associates Painting, Inc.

567 F. Supp. 2d 252 · District Court, D. Massachusetts · Jul 24, 2008

corporate powers, nor to put into the hands of those, with whom they may contract in reliance upon the contractual protection given by the statute, a weapon of substantial defense, which might in conceivable cases amount to immunity … Clearly, the mere existence of a registration requirement in the bidding context thus provides no foundation for completely invalidating the parties’ agreement.

Yoon v. Lee

District Court, D. Massachusetts · Dec 20, 2019

“It establishes a presumption of foreign sovereign immunity from 2 In the initial complaints, Plaintiff asserted subject matter jurisdiction based on diversity, but the Court does not have … KBS has not rebutted this evidence, and has not met its burden of establishing, by a preponderance of the evidence, that it is immune from suit.

Kris v. Behavioral Health Services

District Court, D. Massachusetts · May 30, 2025

The claim against DHHS OCR also fails for an independently sufficient reason: the doctrine of sovereign immunity. Under this doctrine, the United States “is immune from suit unless it has consented to be sued.” … Green, 446 U.S. 14, 18 (1980) (explaining that “Bivens established that the victims of a constitutional violation by a federal agent have a right to recover damages against the official in federal court despite the absence

White v. Kubotek Corp.

487 B.R. 1 · District Court, D. Massachusetts · Oct 2, 2012

Marshall, — U.S.-, 131 S.Ct. 2594 , 180 L.Ed.2d 475 (2011) removed the Bankruptcy Court’s statutory authority because the proceeding no longer qualifies as “core.” … In determining whether the Bankruptcy Court had jurisdiction to hear White’s claims, it has been established that the proceedings “arise in” a case under Title 11.

Rashid

District Court, D. Massachusetts · Dec 19, 2025

The FSIA, which includes agencies and instrumentalities in the definition of a foreign sovereign, see 28 U.S.C. § 1603(a)–(b), establishes “‘a presumption of foreign sovereign immunity from the jurisdiction of the courts … Under § 1330(b) of the FSIA, federal courts “are empowered to exercise personal jurisdiction over a foreign sovereign when two conditions are met: (1) an exception from the jurisdictional immunity established by the FSIA

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 .

Pacella v. Tufts University School of Dental Medicine

66 F. Supp. 2d 234 · District Court, D. Massachusetts · Sep 24, 1999

. § 794 (a), states that “[n]o otherwise qualified individual with a disability in the United States ... shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, … Myopia is “the medical term for nearsightedness, a visual defect in which distant objects cannot be seen clearly.” Id. 3 .

Amy, Aceves & King, Inc. v. Tobe Deutschmann Corp.

19 F. Supp. 673 · District Court, D. Massachusetts · Jun 23, 1937

After a careful consideration of the • evidence, and of the references cited, I have come to the conclusion that the defendant has failed to establish lack of invention sufficiently clearly to overcome, the presumption created … As shown by cases cited by the defendant, in a patentable combination the elements must join together and qualify each other to produce a new result. Reckendorfer v.

Provost v. Department of Correction (DOC)

District Court, D. Massachusetts · Jan 12, 2018

Specifically, they contend that Pike has failed to establish an injury in fact because his trial has yet to take place—it is currently scheduled for November 2019—and thus, he cannot establish that a jury will find him to … The Eleventh Amendment bars such suit unless the State has waived its immunity,” 491 U.S. at 66 (citations omitted).

Equal Employment Opportunity Commission v. Massachusetts

680 F. Supp. 455 · District Court, D. Massachusetts · Feb 23, 1988

Doubts may exist about the precise meaning of the established requirement of a “clear statement” of “Congressional intent” to preempt state law. See, e.g., Atascadero State Hospital v. … cert. denied, — U.S.-, 108 S.Ct. 229 , 98 L.Ed.2d 188 (1987), and authorities therein cited, I conclude that a decision on this question of “Congressional intent” will be precedent, that higher courts will not apply the “clearly

Cool Light Co., Inc. v. GTE Products Corp.

832 F. Supp. 449 · District Court, D. Massachusetts · Aug 12, 1993

Moreover, as the First Circuit added in that case, with respect to an argument in support of a claimed qualified immunity of a public official on the ground that constitutional protection for a property interest was not clearly … Were that not so, given the ingenuity of the bar, “qualified immunity” would become absolute in that it would become available in virtually any case argued by a creative lawyer. Id. at 268 .

Tyco Healthcare Group LP v. Kimberly-Clark Corp.

463 F. Supp. 2d 127 · District Court, D. Massachusetts · Dec 6, 2006

Plaintiffs’ Motion for Preliminary Injunction To obtain a preliminary injunction, the moving party must establish “1) it is substantially likely to succeed on the merits of its claim; 2) absent the injunction there is ‘a … Overland, Inc., 692 F.2d 1250, 1255 (9th Cir.1982) ("Overland's employees are not qualified to testify as to what their customers are thinking when using the term 'Coke.' ”). 4 . I.P. Lund Trading ApS v.

Devaney v. Hall

509 F. Supp. 497 · District Court, D. Massachusetts · Mar 12, 1981

To state a valid claim, it must be alleged that the inmate’s requests were denied for reasons not having to do with institutional security or correctional goals, and that the prison officials, in ruling as they did, clearly … good faith immunity from monetary damages.

King v. Greenblatt

53 F. Supp. 2d 117 · District Court, D. Massachusetts · Jun 21, 1999

She notes the reaction of many residents who say it is much fairer to have a clearly established set of rules to understand and to follow. … They also receive a physical and mental assessment conducted by a qualified health professional upon entry to the MPU. 26 .

Isler v. Grondolsky

942 F. Supp. 2d 170 · District Court, D. Massachusetts · Mar 18, 2013

As the Court ruled: In sum, the Government is correct that to qualify as an “aggravated felony” under the INA, the conduct prohibited by state law must be punishable as a felony under federal law ... … An inmate may also establish a liberty interest by establishing that the government's actions "will inevitably affect the duration of his sentence” but that is not alleged in the instant case.

United States v. Griglio

334 F. Supp. 1283 · District Court, D. Massachusetts · Dec 9, 1971

On that date, the Board also had information sufficient to conclude that three of the first sixteen called on September 12 would not be available to report, two having qualified for l-S(C) deferments and a third having enlisted … Instead, the evidence established clearly that Local Board No. 83 operated in good faith and endeavored to apply controlling regulations impartially and to the best of its understanding.