Case law

Com. of Mass. v. Heckler

616 F. Supp. 687 · District Court, D. Massachusetts · Aug 27, 1985

Section 12 of Chapter 766 requires that the Department of Education (“DOE”) establish and maintain a school department for school-age children in each ICF/MR and provide services jointly with the DMH. … Briefly, EAHCA requires that in order to qualify for federal education assistance under the statute, the state must assure all handicapped children the right to a free appropriate public education. 20 U.S.C. § 1412 (1). 3

Town of Norfolk v. United States Environmental Protection Agency

761 F. Supp. 867 · District Court, D. Massachusetts · Apr 5, 1991

Rather, the EIS clearly discloses EPA’s *878 concern with the issue and the additional steps it took to confirm its preliminary conclusions. … This description disclosed, inter alia, that the upper pond of “Wetland A” may qualify as a vernal pool under the Massachusetts wetland protection statute, Mass. Gen.

United States v. Rigaud

724 F. Supp. 2d 223 · District Court, D. Massachusetts · Jul 7, 2010

It does not clearly state that Trainor was searched and thus is ambiguous, i.e., it could mean that she was simply asked if she had any cocaine. … To qualify for a Franks hearing, however, it is the defendant who must make a substantial preliminary showing of impropriety in the affidavit.

Nieves v. McSweeney

73 F. Supp. 2d 98 · District Court, D. Massachusetts · Nov 2, 1999

. §§ 1983 and 1985 and, if so, whether the plaintiffs have established such claims. … established rights, privileges or immunities guaranteed by the federal Constitution or laws of the United States.

Whitehouse v. Raytheon Co.

672 F. Supp. 2d 174 · District Court, D. Massachusetts · Nov 5, 2009

Anderson asserted that “[t]here clearly was debilitating cognitive functioning impairment observed and reported.” AR 136. … To qualify for long term disability benefits, a claimant must first receive the full ten-week period of STD benefits. AR 042.

I.P. Lund Trading ApS v. Kohler Co.

11 F. Supp. 2d 112 · District Court, D. Massachusetts · Feb 5, 1998

The Village Catch, Inc., 698 F.Supp. 994, 1015 (D.Mass.1988) (“Preventing -.consumer confusion is clearly in the public interest.”) … This finding is supported by the fact that the housemarks, VOLA and Kohler, are clearly dissimilar and prominently displayed on each product. 26 See R.G. Barry Corp. v. A.

Eastern Enterprises v. Shalala

942 F. Supp. 684 · District Court, D. Massachusetts · Mar 30, 1996

With regard to East, the statute clearly prescribes assignment to plaintiff. … Arm Statute’s requirement that the cause of action arise out of the transacting of business in the Commonwealth. 20 *689 These actions also demonstrate that while purchasing EACC and Coal Properties Corporation, Peabody established

Wilkerson v. Alves

District Court, D. Massachusetts · May 20, 2022

established Federal law. … Instead, the petitioner must show the state court’s decision was “objectively unreasonable” given the factual record and clearly established Federal law. Williams v.

Hakim Douglas v. Suffolk County District Attorney's Office

District Court, D. Massachusetts · Jan 5, 2024

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. … If Douglas is a pretrial detainee or is serving a criminal sentence (even if not confined in a correctional facility), he must clearly state that fact in his Application and he must include a six-month institutional account

Tiffany & Co. v. Boston Club, Inc.

231 F. Supp. 836 · District Court, D. Massachusetts · Jul 2, 1964

It should be noted that in addition to qualifying on these two points, the record in the instant case establishes that there is and has been a confusion on the part of the public as to whether plaintiff owned, operated, or … I rule that plaintiff has clearly established the fact that it has developed its trade name and trademark over the years to the point where it has a strong secondary meaning, and that plaintiff has shown itself entitled to

Tri-City Community Action Program, Inc. v. City of Malden

680 F. Supp. 2d 306 · District Court, D. Massachusetts · Jan 22, 2010

Prior to 2001, various courts of appeals had held that plaintiffs who were similarly-situated qualified as prevailing parties. See, e.g., Dahlem v. … In light of the parties' agreement that the case is now moot on all fronts, the plaintiffs are clearly abandoning their prayer for compensatory and punitive damages. 3 .

Adams v. Mass General Brigham Incorporated

District Court, D. Massachusetts · Sep 28, 2023

As to each of those claims, MGB has established that the undisputed facts—for example, the failure of a plaintiff to offer proof of a medical condition—warrant the entry of summary judgment. … They also include “the operation of a major bodily function,” including immune system functions, digestion, and normal cell growth. 42 U.S.C. § 12102(2)(B). ADA claim.

Phillip Morris Inc. v. Reilly

113 F. Supp. 2d 129 · District Court, D. Massachusetts · Sep 7, 2000

In summary, then, the record establishes that the plaintiffs have valuable property interests in confidential brand-specific ingredient information; the confidential information qualifies as trade secret information under … Among other things, Healy dealt with state regulation of prices, clearly economic regulation, whereas the Disclosure Act seeks to promote the public health.

National Kerosene Heater Ass'n v. Commonwealth of Massachusetts

653 F. Supp. 1079 · District Court, D. Massachusetts · Feb 24, 1987

March 13, 1986, plaintiff has not briefed or argued the issues raised by defendants’ motion concerning the commerce clause, due process and equal protection challenges or the individual defendants’ assertion of official immunity … Again, and even more clearly, defendants need not establish beyond dispute that Chapter 148 is wise legislation.

Glosband v. Watts Detective Agency, Inc.

21 B.R. 963 · District Court, D. Massachusetts · Aug 28, 1981

Under either approach, the information would qualify as Bankruptcy Act “property.” … Clearly, McCormack’s Evidence, 2d ed., 1972, 445.

Institut Pasteur v. Cambridge Biotech Corp. (In Re Cambridge Biotech Corp.)

212 B.R. 10 · District Court, D. Massachusetts · Aug 15, 1997

“Antigenic” proteins (“antigens”) like pl8 are proteins that cause an immune response in the body, i.e. cause antibodies to be produced. … See 35 U.S.C. § 282 (stating that a patent is presumed valid and the burden of establishing invalidity rests on the party asserting it).

In Re Monarch Capital Corp.

173 B.R. 31 · District Court, D. Massachusetts · Oct 5, 1994

Moreover, if the "clearly erroneous" standard were to apply, a bankruptcy court would be possessed of the power to enforce all of its own determinations immune from any meaningful review by an Art. III court. … Finally, the Omega Equipment Corp. court asserts that the bankruptcy court's determinations are immune from meaningful review.

Geigel v. Boston Police Department

District Court, D. Massachusetts · Jan 5, 2024

For the purposes of the motion to dismiss, the City does not contest that Cristhian was a “qualified individual with a disability.” D. 1 ¶ 82; D. 9 at 19. … b) Immunity Under the Massachusetts Tort Claims Act The Massachusetts Tort Claims Act (“MTCA”), Mass. Gen.

Medical Professional Mutual Insurance v. Breon Laboratories, Inc.

966 F. Supp. 120 · District Court, D. Massachusetts · Jun 6, 1997

It is the failure to establish this critical element that renders the Plaintiffs’ contribution claim insufficient. … [Section] 4(b), was drafted to encourage settlements in multiple party tort actions by clearly delineating the effect settlement will have on collateral rights and liabilities in future litigation. Barrios v.

United States v. Swartz

945 F. Supp. 2d 216 · District Court, D. Massachusetts · May 13, 2013

In re Grand Jury Subpoena, 662 F.3d 65, 67 (1st Cir.2011) (using pseudonyms in place of the names of subpoenaed entities in order to “preserve the confidentiality of grand jury proceedings” established by Fed.R.Crim.P. 6( … The Protective Order anticipated the latter concerns, and in that regard, the victims clearly continued to rely upon it.