Case law

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).

Samuel v. Tullish

District Court, D. Massachusetts · Jul 28, 2022

“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. … Commonwealth defendants sued in their official capacities are immune from suit under the Eleventh Amendment. See Caisse v.

Equal Employment Opportunity Commission v. Tufts Institution of Learning

421 F. Supp. 152 · District Court, D. Massachusetts · Jul 28, 1975

That reputation had been established by numerous complaints that reached upward to the highest level of academic authority. … There was evidence before the subcommittee that White was qualified for promotion, and evidence that she was not. It is not for the court to evaluate White’s qualifications for promotion.

Reilly v. United States Environmental Protection Agency

429 F. Supp. 2d 335 · District Court, D. Massachusetts · Apr 13, 2006

under clearly delineated statutory language.” … First, the document must qualify as “predecisional” since: [t]he quality of a particular agency decision will clearly be affected by the communications received by the decision-maker on the subject of the decision prior to

O'Connor v. Chrysler Corp.

86 F.R.D. 211 · District Court, D. Massachusetts · Apr 11, 1980

The cases protecting the results of the internal audits have formulated a qualified privilege based on a public policy of fostering frank self-evaluations. … Plaintiff asserts the case stands clearly for the proposition that AAPs are discoverable in this circuit. The assertion is misplaced.

Edsall v. Assumption College

367 F. Supp. 2d 72 · District Court, D. Massachusetts · Mar 31, 2005

Despite the employer’s immunity, however, a supervisor may be personally liable if he tor- tiously interferes with a subordinate’s employment relationship. … Emotional and.mental disabilities clearly include injuries for intentional and negligent infliction of emotional distress. See e.g. Clarke v.

Rodriguez v. Russo

495 F. Supp. 2d 158 · District Court, D. Massachusetts · Jul 5, 2007

application of ... clearly established Federal law.’ ” Id. at 407-08 , 120 S.Ct. 1495 . … As I shall explain, the SJC’s decision was neither contrary to, nor an unreasonable application of, clearly established federal law as determined by the Supreme Court. See 28 U.S.C. § 2254 (d).

Cohen v. Elephant Rock Beach Club, Inc.

63 F. Supp. 3d 130 · District Court, D. Massachusetts · Dec 3, 2014

An express right to control the premises, conferred through • the mechanisms of ownership, leasehold, contract or adverse possession, clearly gives rise to a duty of care. See, e.g., Humphrey v. … Permitting the use of the defense in such circumstances “would expand the statutory immunity from negligence beyond that which the Legislature intended by granting such immunity whenever a landowner invites a group of people

United States v. Wilkins

943 F. Supp. 2d 248 · District Court, D. Massachusetts · May 8, 2013

In Ferrara, the First Circuit found the requisite egregious government misconduct where the prosecution suppressed a key murder witness’s recantation and coerced the witness (who feared losing his immunity and with it physical … is validly established.”).

United States v. Cusick

817 F. Supp. 2d 1 · District Court, D. Massachusetts · Aug 11, 2011

the offense is “petty” and can obtain a jury trial “only if he can demonstrate that any additional statutory penalties, viewed in conjunction with the maximum authorized period of incarceration, are so severe that they clearly … In terms of incarceration, the charged offense qualifies as a Class B misdemeanor under § 3559. Section 19 requires more, however, to qualify an offense as a “petty offense.”

Denny v. Westfield State College

669 F. Supp. 1146 · District Court, D. Massachusetts · May 12, 1987

Ash discusses the notion of “tainted variables” as follows: Subjective criteria, such as merit evaluation by the employer are clearly suspect, although if the plaintiff is willing to accept the employer’s evaluations as fair … of sex by paying wages- to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires

Union of Concerned Scientists v. U.S. Environmental Protection Agency

District Court, D. Massachusetts · Mar 27, 2019

The starting point for analysis is the waiver of sovereign immunity in the APA. … “Under settled principles of sovereign immunity, ‘the United States, as sovereign, is immune from suit, save as it consents to be sued and the terms of its consent to be sued in any court define that court’s jurisdiction

Nickerson v. Ribicoff

206 F. Supp. 232 · District Court, D. Massachusetts · Jun 5, 1962

The fact that a partnership was formed solely to enable plaintiff to qualify under the Social Security Act is permissible under the law and no criticism is intended because of the purpose of the agreement. … As gathered from a review of the record as a whole, the following facts may be taken as established and as not in dispute.

Nguyen v. Shalala

936 F. Supp. 37 · District Court, D. Massachusetts · Aug 6, 1996

In evaluating Nguyen’s application for SSI benefits, the ALJ applied the familiar and well-established five-step process enumerated in 20 C.F.R. § 404.1520 . … Dr. dayman found that Nguyen suffers from post-traumatic stress disorder and dysthymia, which would qualify him for “listing level impairments” and Social Security benefits.

Great Northern Insurance v. McCollister's Moving & Storage, Inc.

190 F. Supp. 2d 91 · District Court, D. Massachusetts · Sep 11, 2001

Orboteeh clearly met the first requirement by making a claim on May 8, 1997. … GNIC seeks to avoid the Carmack Amendment by arguing that McCollister’s May 9, 1997, denial of its claim was nothing more than a qualified disallowance.

Christensen v. Lawrence F. Quigley Memorial Hospital

656 F. Supp. 14 · District Court, D. Massachusetts · Nov 1, 1985

Defendant hired three women in 1981 who allegedly were less qualified than plaintiff. … In addition, the court is not convinced that the pleading standards established by the First Circuit have not been met, albeit barely. In Dewey v.

Pellegrino

District Court, D. Massachusetts · Nov 17, 2025

Requests for Immunity (doc. nos. 214-217) In document nos. 214-217, Pellegrino asks the court to grant or recognize his immunity from civil action and from criminal liability with regard to … Pellegrino fails to explain why he is entitled to such immunity, and nothing in the record before the court suggests a basis for Pellegrino to be granted immunity of any kind with regard to this matter.

Emery v. United States

153 F. Supp. 248 · District Court, D. Massachusetts · Jun 24, 1957

It is not disputed that to qualify under this language a release may be informal. Treas.Reg. 108, Sec. 86.2(b) (1943). … And this object will be frustrated if the taxpayer is denied an exemption merely because her lawyer did not clearly indicate what was the substance of the transactions which were effectuated in 1944 by the documents he had

AngioDynamics, Inc. v. Biolitec AG

991 F. Supp. 2d 299 · District Court, D. Massachusetts · Mar 18, 2014

In sum, the complaint clearly offers a more than adequate legal and factual basis for piercing the corporate veil. … Their goal, quite clearly, was to prevent Plaintiff from being indemnified and, subsequently, from recovering the resulting New York judgment.

McDonald's Corp. v. Rappaport

532 F. Supp. 2d 264 · District Court, D. Massachusetts · Jan 28, 2008

Clearly, the IHOP restaurant is a replacement of the Ground Round Restaurant. … Among other things, the evidence clearly demonstrates that both Parties agreed to restrict the provision to fast food only.