Case law

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.

Ferrara v. United States

370 F. Supp. 2d 351 · District Court, D. Massachusetts · May 13, 2005

SUMMARY As described in the April 12, 2005 Memorandum and Order, petitioner Vincent Ferrara has proven that he was denied *354 Due Process when the government violated its clearly established constitutional duty to disclose … Rather, he has relied on the well-established rules enunciated in Brady v.

Colby v. Assurant Employee Benefits

603 F. Supp. 2d 223 · District Court, D. Massachusetts · Feb 23, 2009

Colby suffered from any psychological limitations that would qualify her for benefits, on July 6, 2005, Mike Jones, Ph.D. (“Dr. … The Plan further establishes that any mental illness recognized in the DSM-IV can serve as the basis for a disability.

Fairbanks v. Danvers, Town of

District Court, D. Massachusetts · Aug 9, 2018

Defendants also assert a qualified immunity defense with respect to plaintiff’s claims. A. … immunity.

United States Ex Rel. Lisitza v. Johnson & Johnson

765 F. Supp. 2d 112 · District Court, D. Massachusetts · Feb 25, 2011

The viability of the theory is well established. Its applicability, however, is an issue for later consideration. … As the agreement clearly encompasses the FCA claims in this case, the Nevada claims will be dismissed.

Barraford v. T & N Ltd.

988 F. Supp. 2d 81 · District Court, D. Massachusetts · Sep 24, 2013

Heinen, now deceased, clearly meets the unavailability requirement. Fed. R.Evid. 804(a)(4). … Plaintiff asserts that the article qualifies as a statement in an ancient document, falling under the exception in Federal Rule of Evidence 803(16).

Druker v. City of Boston

410 F. Supp. 1314 · District Court, D. Massachusetts · Mar 19, 1976

To qualify, developers must be limited dividend corporations. That is, the owners are restricted to a return of 6% of the initial equity investment. … The Rent Board system of establishing rent schedules contains three essential differences from that of HUD — all operate in such a way as to yield lower rents under the city formula when the same data are used.

Bern Unlimited, Inc. v. Burton Corp.

95 F. Supp. 3d 184 · District Court, D. Massachusetts · Mar 31, 2015

It is clearly established that survey evidence is the “preferred” manner of demonstrating secondary meaning. Yankee Candle, 259 F.3d at 39 . … However, the Court notes that these helmets clearly have rounded profiles. (Chilson Decl. ¶¶ 7-8).

United States v. Minnesota Mining & Manufacturing Co.

92 F. Supp. 947 · District Court, D. Massachusetts · Sep 20, 1950

Upon beginning business in 1929, the Export Company established its principal office in this country. … Canadian tariff changes and Empire preference schemes were threatening to cut into the profitableness if not the volume of this business. .Clearly the- economically advantageous course for defendants was to supply the Canadian

In Re Acushnet River & New Bedford Harbor: Proceedings Re Alleged PCB Pollution

725 F. Supp. 1264 · District Court, D. Massachusetts · Oct 27, 1989

Thus, the Supreme Judicial Court clearly rejected the commission of the wrongful act as the time the damage or injury takes place. … (c) If the answer to question (b) above is yes, what considerations ought this Court employ in determining which events qualify as “sudden”? 2.

United States Ex Rel. Westmoreland v. Amgen, Inc.

812 F. Supp. 2d 39 · District Court, D. Massachusetts · Sep 15, 2011

This clearly supports the validity of CMS’s inclusion of the Anti-Kickback Statute certification in the Provider Agreement “as a condition of payment.” … To qualify as a discount, the reduction in the amount a buyer is charged by the seller must be “based on an arms-length transaction,” 42 C.F.R. § 1001.952 (h)(5), and “not [made] through a joint-venture or collusive contract

FERLISI v. Galvin

787 F. Supp. 2d 111 · District Court, D. Massachusetts · May 26, 2011

Ferlisi is unable to ground his property interest in the Massachusetts civil service statutes because, as will be discussed below, it clearly does not vest provisional employees with such an interest. … That is to say, it was statutorily required that Ferlisi’s appointment be terminated within thirty days if at least three qualified individuals had passed the civil service examination and were eligible for and willing to

Waters Corp. v. Millipore Corp.

2 F. Supp. 2d 66 · District Court, D. Massachusetts · May 23, 1997

In 1980, Millipore established the MRP as a defined benefit plan in order to supplement the MPP. (Id. at ¶ 5.) … Early Retirement Payments Section 4.2 of the MRP provides for Early Retirement Benefits to certain qualifying employees.

United States v. Green

389 F. Supp. 2d 29 · District Court, D. Massachusetts · Sep 2, 2005

Summonses marked “undeliverable” are clearly in the former category. … Defendants argue that they have established a “substantial violation” of the Act, even if they have not established a constitutional violation, based on the failure of federal officials to supplement the available jury list

Bly v. St. Amand

9 F. Supp. 3d 137 · District Court, D. Massachusetts · Mar 31, 2014

However, none of these claims establishes that any state court decision was contrary to clearly established federal law, represented an unreasonable application of clearly established federal law, or was based on an unreasonable … It was not contrary to, or an unreasonable application of, clearly established federal law, and it does not warrant habeas relief. H.

MHA Financial Corp. v. Varenko Investments Ltd.

583 F. Supp. 2d 173 · District Court, D. Massachusetts · Sep 26, 2008

Unlike abuse of process, service of process does not establish an element of a malicious prosecution claim. Cf. … In Massachusetts such a privilege is not limited to cases involving claims for defamation but “has been extended to provide an absolute immunity for many other torts.” Meltzer v.

American Science and Engineering, Inc. v. Kelly

69 F. Supp. 2d 227 · District Court, D. Massachusetts · Aug 24, 1999

Its detailed specifications and requirements were established by the statement of work. … It is difficult to see how something AS & E does not use and which it believes likely would not work well could qualify for trade secret protection.

Gately v. Com. of Mass.

811 F. Supp. 26 · District Court, D. Massachusetts · Dec 30, 1992

This clearly is rationally related to the State’s objective. Mahoney v. … Nevertheless, there is post-Criswell First Circuit precedent for the proposition that age may sometimes qualify as a valid BFOQ in a law enforcement context. EEOC v.

Arias v. City of Everett

District Court, D. Massachusetts · Dec 4, 2019

“Exclusivity is an important qualifier, and its presence severely limits the range of eligible activities. … Immunity and Municipal Liability Finally, the Municipal Defendants argue that their liability is restricted on the basis of qualified immunity and the limits of municipal liability.