Case law

City of Boston v. Hills

420 F. Supp. 1291 · District Court, D. Massachusetts · Sep 30, 1976

DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT It is axiomatic that a motion for summary judgment should be granted only when all the facts entitling the moving party to judgment are admitted or clearly established. Adickes v. … Clearly, if, pursuant to 24 C.F.R. 403, a mortgagor receives approval for a rent increase, the rent thereafter charged for the subject unit is a “lawful” rent under the federal regulations.

Ferring Pharmaceuticals Inc. v. Braintree Laboratories, Inc.

38 F. Supp. 3d 169 · District Court, D. Massachusetts · Aug 4, 2014

Ultimately, whether information qualifies as a trade secret “depends on the conduct of the parties and the nature of the information.” Id. … In contrast, Braintree asserts that the challenged claims are “non-establish *185 ment claims.” A non-establishment claim is a “general claim of superiority.” Id.

Flag Fables, Inc. v. Jean Ann's Country Flags & Crafts, Inc.

753 F. Supp. 1007 · District Court, D. Massachusetts · Dec 17, 1990

The answer clearly is no. Plaintiff further contends that because plaintiff registered its flag designs with the U.S. … Craven has been qualified to answer that question. THE COURT: I don’t think she is qualified as a scientific survey taker, either. MR. HOLLAND: That’s right. MR.

Murphy v. Baker

District Court, D. Massachusetts · Mar 29, 2019

jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws [of the United States].’” Bellville v. … These allegations are clearly sufficient at this stage.

Perry v. Town of Reading

District Court, D. Massachusetts · Jun 21, 2022

Johnson [Dkt. 50], Ross [Dkt. 52], and Louie [Dkt. 55] have also filed Motions to Dismiss, presenting largely the same arguments as the Reading Defendants in addition to qualified immunity defenses. … Johnson, Ross, and Louie have also asserted qualified immunity defenses.

Bicon, Inc. v. Straumann Co.

271 F. Supp. 2d 368 · District Court, D. Massachusetts · Jul 18, 2003

When the intrinsic evidence adequately establishes the proper *372 meaning of the disputed terms, it is inappropriate to consult extrinsic evidence to establish the ordinary meaning of the disputed terms. … Derived from the noun “frustum,” “frusto-” is an adjectival qualifier.

Natale v. Pfizer, Inc.

379 F. Supp. 2d 161 · District Court, D. Massachusetts · Jul 28, 2005

Pfizer urges that the historical precedent establishes “clearly” that “commenced” means removal to federal court. … Baron, the former President of the Association of Trial Lawyers of America ("ATLA”) who asserts that "[c]orporate America wants immunity from misdeeds through tort reform”). But see id.

Moura v. New Prime, Inc.

District Court, D. Massachusetts · Sep 27, 2021

Unlike Prime, Success is not a licensed interstate motor carrier, and does not hire, train, or qualify commercial drivers to operate tractor-trailers. … relationship between the person claiming immunity and the injured party, and (2) whether the person claiming immunity is an insured person liable for the payment of workers’ compensation.

United States v. O'Brien

18 F. Supp. 3d 25 · District Court, D. Massachusetts · Mar 6, 2014

There is certainly nothing wrong with serving as a reference for a qualified applicant. … They have not established that a recommendation by Judge Hillman caused the defendants to engage in fraudulent activity to hire such an individual.

LeBoeuf v. Ramsey

503 F. Supp. 747 · District Court, D. Massachusetts · Sep 16, 1980

441 U.S. 600, 617-618 , 99 S.Ct. 1905, 1915 , 60 L.Ed.2d 508 (1979) (“one cannot go into court and claim a ‘violation of § 1983’ — for § 1983 by itself does not protect anyone against anything”; “[s]tanding alone, § 1983 clearly … Surely this cannot be so when the mere existence of the height requirement might be expected to discourage otherwise qualified women from taking the civil service exam because of a self-recognized inability to meet the height

Stone Ex Rel. Estate of Stone v. Frontier Airlines, Inc.

256 F. Supp. 2d 28 · District Court, D. Massachusetts · Apr 17, 2002

Grey, Make Congress Speak Clearly: Federal Preemption of State Tort Remedies, 77 B.U. … Field Preemption To qualify for field preemption, a Congressional scheme must be so pervasive as to “disallow[ ] concurrent state operation or supplementation.” Id. at 68.

Pimentel v. City of Methuen

District Court, D. Massachusetts · Dec 9, 2019

Defendants moved to dismiss the complaint for failure to state a claim and to dismiss all claims against the individual defendants on the basis of qualified immunity. … For both Rule 23(a) and 23(b), plaintiff must establish each of the elements; failure to establish any one will defeat class certification. See Smilow v.

Cranshaw Construction of New England, L.P. v. International Ass'n of Bridge, Structural & Ornamental Ironworkers, Local No. 7

891 F. Supp. 666 · District Court, D. Massachusetts · May 19, 1995

Cranshaw does not explain, however, how the fee qualifies as an injury for which § 303 provides a remedy. e. … Finally, I find that a seven-day delay in construction completion was not established.

Brumbaugh v. Wave Systems Corp.

416 F. Supp. 2d 239 · District Court, D. Massachusetts · Jan 11, 2006

Defendants assert that Greebel established a rule in this circuit “that an alleged motive and opportunity, without more, cannot establish a strong inference of scien-ter.” 14 In fact, Greebel explicitly rejected the argument … In re Immune Response Sec. Litig., 375 F.Supp.2d 983, 1025 (S.D.Cal.2005).

Strahan v. AT&T Mobility LLC

270 F. Supp. 3d 535 · District Court, D. Massachusetts · Sep 13, 2017

Accordingly, because the complaint fails to set forth factual allegations establishing the material elements necessary to establish a claim against the Galleria under § 1983, the motion to dismiss will be granted. III. … That is insufficient to establish the good cause required under Rule 16, V.

N.A.A.C.P., Boston Chapter v. Kemp

721 F. Supp. 361 · District Court, D. Massachusetts · Sep 14, 1989

First, the agency did not require the City to establish an effective fair housing enforcement program in the face of its knowledge of pervasive racial discrimination in the City. … action challenging HUD approval of a block grant was not mooted by the fact that the grantee had already received and expended the funds, since the grantee could be obliged to satisfy goals not met in the past in order to qualify

Narragansett Bay Insurance v. Kaplan

146 F. Supp. 3d 364 · District Court, D. Massachusetts · Nov 18, 2015

For their part, the Kaplans seek through counterclaims to establish that they are owed a defense. I. … Narragansett’s behavior, even indulging every inference in the Kaplans favor, does not qualify.

United States v. Gambale

610 F. Supp. 1515 · District Court, D. Massachusetts · Jun 12, 1985

Case law has clearly established that under Title III, as under Fourth Amendment principles, a defendant has standing to assert only his own rights and may not successfully challenge the admissibility of evidence on the ground … Experience has established that immunizing potential witnesses would lead only to contempt and/or perjury.

Coady Corp. v. Toyota Motor Distributors, Inc.

346 F. Supp. 2d 225 · District Court, D. Massachusetts · Apr 14, 2003

Clearly, Toyota sells and leases vehicles out of its regional office, but Coa-dy has failed to establish that Toyota has, thereby, violated the statutory provision at issue. … DEALER agrees to abide by any export policy established by DISTRIBUTOR.

Marshall F. Newman v. Santander Bank, N.A.

District Court, D. Massachusetts · Jul 9, 2021

Kitchen, 156 F.3d 1025, 1029 (10th Cir. 1997) (“[S]ection 6332(e) . . . clearly bars money damages against a person who has complied with an IRS levy.”). … In short, even taking plaintiff’s allegations as true, “the uncontested and properly considered facts conclusively establish” that Santander is entitled to a favorable judgment. See Zipperer v.