Case law

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.”).

Jumper Development Group v. Kahn (In re Hemingway Transport, Inc.)

108 B.R. 378 · District Court, D. Massachusetts · Dec 18, 1989

Balco’s impressive credentials qualified him as an expert witness. He indicated that GZA prepared and modified a Project Operations and Investigation Plan for the Olympia Avenue site and monitored the clean-up. … Judge Mikva, in an dissenting opinion in another circuit case, stated: This definition clearly encompasses more than the everyday meaning of disposal, which is a “discarding or throwing away.”

Hicks v. MassDOT

District Court, D. Massachusetts · Jan 5, 2021

This court subsequently granted Plaintiff’s motion for leave to procced in forma pauperis, but ordered Plaintiff to “clearly set[] out his claims” and “identify the alleged misconduct that constitutes the discrimination … Moreover, even if Plaintiff could bring an employment discrimination claim under Title II, Plaintiff still could not overcome the sovereign immunity problem. In Tennessee v.

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.

Schmid v. National Bank of Greece, S.A.

622 F. Supp. 704 · District Court, D. Massachusetts · Nov 14, 1985

Abraham is not immune from tort liability simply because he was acting as an officer of F.B.A.C. when he withdraw the funds. LaClair v. Silberline Mfg. Co., Inc. 379 Mass. 21 , 393 N.E.2d 867 (1979). … Clearly, it was Schmid’s understanding that he would give the release to Abraham, Spiliakos and F.B.A.C. only if he would get $100,000 from Ala Fadili.

Comfort Ex Rel. Neumyer v. Lynn School Committee

283 F. Supp. 2d 328 · District Court, D. Massachusetts · Sep 5, 2003

See Paradise, 480 U.S. at 182 , 107 S.Ct. 1053 (finding significant the fact that a racial classification prefers only qualified applicants of one race for hiring or promotion, and that the impact on qualified applicants … The evidence clearly establishes a risk of reversion to segregation, but of a de facto nature.

Mediplex of Massachusetts, Inc. v. Shalala

39 F. Supp. 2d 88 · District Court, D. Massachusetts · Jan 19, 1999

. *91 A.The Programs Medicare is a federally-administered program that provides funding for a range of medical services directed to qualifying elderly or disabled people. … To qualify for funding from either program, a facility must be certified periodically based on on-site surveys as meeting a series of health and safety requirements.

Luna v. COM. OF MASSACHUSETTS

224 F. Supp. 2d 302 · District Court, D. Massachusetts · Aug 26, 2002

decision will also be contrary to th[e] Court’s clearly established precedent if the state court confronts a set of facts that are materially indistinguishable from a decision of th[e] Court and nevertheless arrives at a … “Unreasonable Application of’ Standard The Supreme Court in Williams held that a state court decision would involve an ‘unreasonable application of clearly established Supreme Court precedent if it “identifies the correct

Gammell v. Prudential Insurance Co. of America

600 F. Supp. 2d 227 · District Court, D. Massachusetts · Sep 25, 2008

As an employee benefit, Digital established a long-term disability plan in which qualified employees were allowed to participate. … At this time, full delineation and confirmation of any diagnosis is very difficult to establish with any degree of certainty. It is important to note that Mr.

Reardon v. United States

731 F. Supp. 558 · District Court, D. Massachusetts · Feb 6, 1990

The First Circuit has clearly recognized that this provision “merely waives sovereign immunity, but does not authorize a suit unless there are jurisdictional grounds independent of the statute.” Remis v. … The federal lien, however, clearly is not "an action” to recover response costs.

Bone v. Attorney General

150 F. Supp. 3d 140 · District Court, D. Massachusetts · Dec 16, 2015

The Appeals Court rejected this argument, and its decision was neither contrary to, nor involved an unreasonable application of, clearly established Federal law. … Thus, Bone has not shown that the Appeals Court’s decision was contrary to or an unreasonable application of clearly established Federal law. f.

Parikh v. Franklin Medical Center

940 F. Supp. 395 · District Court, D. Massachusetts · Sep 20, 1996

Singla clearly falls into this category. … Not only are doctors and hospitals not immune from the federal antitrust laws, Goldfarb v.

Watts v. Organogenesis, Inc.

30 F. Supp. 2d 101 · District Court, D. Massachusetts · Dec 7, 1998

Susan Bergman, establishes clearly that the services of a nurse are indeed medically necessary. … expertise, and some clearly non-technical but requiring speed and skill.

Rankins

District Court, D. Massachusetts · Jan 22, 2026

To establish municipal liability, the policy must actually cause the violation of constitutional rights; it must be the moving force behind the violation. Id. … The case caption of any amended complaint should clearly name each and every party he is intending to sue. See Fed. R. Civ. P. 10(a) (“The title of the complaint must name all the parties”).

Lucien-Calixte v. David

District Court, D. Massachusetts · Aug 1, 2018

The complaint specifically alleges that (1) defendants deprived plaintiff of clearly established and well-settled constitutional rights while acting under color of law in violation … Here, the defendants rely on grand jury immunity and insufficient factual allegations in the complaint.

McKenney v. Irzyk

317 F. Supp. 1051 · District Court, D. Massachusetts · Oct 6, 1970

To qualify for discharge under AR 635-20 a person must be conscientiously opposed to participation in war in any form by reason of religious training and belief. … We know that real peace can not come until the conditions of peace have been established, and peace can only come if there is a measure of genuine love among men.

Snow v. Harnischfeger Corp.

823 F. Supp. 22 · District Court, D. Massachusetts · Apr 20, 1993

As to this crane, uncontradicted record evidence establishes it was designed and fitted to meet the specific requirements of the RESCO plant, as noted above. … Parent, 408 Mass. at 111 , 556 N.E.2d 1009 (engineering company which installed electrical distribution panel within statute’s grant of immunity from suit); McDonough, 412 Mass. at 644 , 591 N.E.2d 1079 (supplier which “designed

Brown v. C2CInnovative Solutions, Inc.

District Court, D. Massachusetts · Aug 13, 2025

Section 54A(g), in turn, establishes a private right of action. … Separately, Brown fails to plausibly allege that NGS qualifies as a “debt collector” within the meaning of Section 1692a(6).

Gallagher v. Park West Bank & Trust Co.

11 F. Supp. 2d 136 · District Court, D. Massachusetts · May 20, 1998

The new plan documentation was intended to qualify under ERISA and be used by Park West clients. … With regard to the relative merits of the parties’ positions, the counter-claimant clearly prevails.

Axelrod v. Phillips Academy, Andover

46 F. Supp. 2d 72 · District Court, D. Massachusetts · Apr 12, 1999

He is clearly a talented student in some courses and some formats.... … Otherwise Qualified The Court finds, however, that, even with reasonable accommodations, ' Nicholas is not otherwise qualified to continue at Phillips Academy.