Case law

Raytheon Co. v. Donovan

208 F. Supp. 2d 99 · District Court, D. Massachusetts · Jul 16, 2002

A, p. 8) Thus, there was an agreement to arbitrate disputes arising under the second agreement since the second agreement clearly qualifies as an “employment agreement” between Donovan and Raytheon. VI. … In the words of the Supreme Court: The Arbitration Act establishes that, as a matter of federal law, any doubts concerning the scope of arbitrable issues should be resolved in favor or arbitration, whether the problem at

United States v. Doherty

675 F. Supp. 726 · District Court, D. Massachusetts · Jul 22, 1987

The jury clearly chose to believe it. Thus, the jury must have found that the chief government witness, Gerald W. … See 28 U.S.C. § 1871 (b)(1) (establishing juror compensation at thirty dollars per day).

Burtman Iron Works, Inc. v. Con-Way Transportation Services, Inc.

97 F. Supp. 2d 122 · District Court, D. Massachusetts · Mar 31, 2000

Con-Way has proffered evidence to establish both the terms of the applicable bill of lading and that those terms govern this transaction. … [Con-Way’s] inspection reports clearly display the damage and the fact that such damage occurred while the goods were in custody and control of [Con-Way].

Moniz v. Crossland Mortgage Corp.

175 F.R.D. 1 · District Court, D. Massachusetts · Jul 2, 1997

As CrossLand explains, rate sheets establishing a “par” value for specific loans are set daily based on market forces. … There, this Court found that the factual record did not clearly establish that the yield spread premium paid by CrossLand to Dream House was not reasonable compensation for goods or services.

Adair v. Sorenson

134 F.R.D. 13 · District Court, D. Massachusetts · Feb 7, 1991

Plaintiff cannot establish that he relied on events which occurred after he purchased his stock. Any injuries sustained by Mr. … The plaintiff clearly relied on the integrity of the market in making his investment decision.

United States v. Pollock

417 F. Supp. 1332 · District Court, D. Massachusetts · Aug 6, 1976

POLLOCK was then advised that he was not immune from prosecution because he was agreeing to work with law enforcement authorities. … POLLOCK was then advised that he was not immune from prosecution because he was agreeing to work with law enforcement authorities.

City of Waltham v. United States Postal Service

786 F. Supp. 105 · District Court, D. Massachusetts · Mar 2, 1992

With the administrative record established, the Court turns to matters of substance. … The administrative record, as this Court has defined it, is clearly inaccurate in this respect.

Keating v. The Commonwealth of Massachusetts

District Court, D. Massachusetts · May 13, 2024

and absolute immunity. … Beaupre , 977 F.3d 127, 135 (1st Cir. 2020) (“Once [a] defendant establishe[s a] defense of statute of limitations the burden shifts to plaintiff to establish that the statute of limitations does not apply.”

Powers v. United Health Plans of New England, Inc.

979 F. Supp. 64 · District Court, D. Massachusetts · Oct 6, 1997

Clearly, [the ex-employee’s] ability to obtain the converted life insurance policy arose from the ERISA plan, and the converted policy itself continued to be integrally linked with the ERISA plan. … The answer would clearly be “yes.” Second, a determination that the Powers’ individual contract of insurance is governed by ERISA could work a potential unfairness on ex-employees.

United States v. Graham

683 F. Supp. 2d 129 · District Court, D. Massachusetts · Feb 8, 2010

establish the six-month timeline which is part of the criteria” in the DSM-IV-TR. 99 Dr. … Salter’s opinion, qualify for a diagnosis of Sexual Sadism, she opined that the strangulations that occurred in the 1987 Rape “speak[] to a disordered arousal pattern.” 101 She also stated that “the strangulations are clearly

Dow v. Donovan

150 F. Supp. 2d 249 · District Court, D. Massachusetts · Jun 19, 2001

Defendant also misstates the meaning of “qualified” for the purpose of the prima facie case. … Plaintiff need not show that she was “qualified” for partnership in the sense that she was clearly entitled to partnership; rather, plaintiff must merely show “that she was sufficiently qualified to be among those persons

Zenon v. Guzman

District Court, D. Massachusetts · Jan 8, 2018

The Supreme Court has established a two-prong test to determine whether an act is “judicial” for purposes of establishing immunity. … Under this line of authority, Defendant is clearly immune from suit in this court under 42 U.S.C. § 1983.

Local Division 589, Amalgamated Transit Union v. Massachusetts

511 F. Supp. 312 · District Court, D. Massachusetts · Mar 17, 1981

This clearly is not intended to be exclusive. … The propriety of such layoffs is clearly a controversy subject to binding arbitration under the terms of Article XLI of the collective bargaining agreement.

Comfort Ex Rel. Neumyer v. Lynn School Committee

263 F. Supp. 2d 209 · District Court, D. Massachusetts · Jun 6, 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.

Smith Barney, Harris Upham & Co., Inc. v. Connolly

887 F. Supp. 337 · District Court, D. Massachusetts · Nov 16, 1994

Treas.Reg. § 301.6323(h) — 1(g) (1976). 10 To qualify, a *343 judgment holder must (1) “perfeet[] a lien under the judgment on the property involved” according to “local law,” Treas.Reg. § 301.6323(h) — 1(g) (1976); See United … Because there is no waiver of sovereign immunity for a taxpayer to challenge the merits of his assessed tax liabilities in an interpleader action, Mclnerney cannot contest the merits of his assessed tax liabilities here.

Markle v. HSBC Mortgage Corp. (USA)

844 F. Supp. 2d 172 · District Court, D. Massachusetts · Jul 12, 2011

If the homeowner qualifies under these eligibility criteria, the guidelines direct the servicer to offer that individual a Trial Period Plan (“TPP”). … An intended beneficiary need not be specifically named in the contract, however, so long as he falls “within a class clearly intended by the parties to benefit from the contract.”

Lopez v. Equity Office Management, LLC

597 F. Supp. 2d 189 · District Court, D. Massachusetts · Feb 10, 2009

It also required that the services be performed “by qualified, careful and efficient employees in conformity with best industry practices and to [Equityl’s satisfaction.” … [UNICCO] agrees each of its employees will be properly qualified and will use reasonable care in the performance of Services....

Unleashed Doggie Day Care, LLC v. PetCo Animal Supplies Stores, Inc.

828 F. Supp. 2d 384 · District Court, D. Massachusetts · Dec 16, 2010

“[T]o be eligible for trademark protection, a mark must qualify as distinctive.” Id. … Two affidavits from a client pool of 1500 dog owners and a claimed target market consisting of every dog owner in Massachusetts, Rhode Island, and New Hampshire are clearly insufficient to establish that “a significant quantity

EEOC v. Com. of Mass.

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. … 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

Buchanan v. Massachusetts Department of Correction

District Court, D. Massachusetts · Dec 23, 2024

The request included a personal statement, stating in relevant part that “[b]eing forced, pressured, intimidated or coerced to ingest or receive any substance into my body that clearly violates my conscience, or my personal … The FDA approved the COVID- 19 vaccine for immunization to prevent a communicable disease. (Opp. Ex. B at 12).