Case law

Murphy v. Town of Natick

516 F. Supp. 2d 153 · District Court, D. Massachusetts · Sep 25, 2007

In Nolan , the district court held that the hours worked by Chicago police officers for the Chicago Transportation Authority (CTA) and the Chicago Housing Authority (CHA) did not qualify as overtime for FLSA purposes because … Here, despite plaintiffs’ arguments to the contrary, sergeants and lieutenants clearly fall within the executive exemption.

United States v. Matos

589 F. Supp. 2d 121 · District Court, D. Massachusetts · Dec 18, 2008

Beverly, 750 F.2d 34, 35-37 (6th Cir.1984) (“The evidence clearly demonstrated that he must have ‘touched’ the gun at some point.... … Moreover, the burden rests on the defendant under § 2D 1.1 to show that it was "clearly improbable” that the weapon had any connection to the crime.

Sonia v. Town of Brookline

914 F. Supp. 2d 36 · District Court, D. Massachusetts · Sep 27, 2012

In light of those facts, the First Circuit was “unwilling to say that [the officer’s] conduct was so clearly personal in nature that a jury could reach only one outcome.” Id. In Zambrana-Marrero v. … Existence of a policy or custom As a duly enacted regulation of the Town’s Board of Selectmen, the “always on duty” policy qualifies as an “official municipal action” for purposes of a § 1983 claim.

Davis v. Grimes

9 F. Supp. 3d 12 · District Court, D. Massachusetts · Mar 26, 2014

He offered to complete further training to qualify for removal of the restriction. (Id.). The department refused the request. … Clearly, however, a local police chief must make some form of determination in response to every application.

Keros v. Massachusetts Mutual Life Insurance

958 F. Supp. 2d 306 · District Court, D. Massachusetts · Aug 5, 2013

No person shall be qualified to serve as a director after he ceases to be such a policyholder or stockholder, as the case may be.” Id. (emphasis added). … As Defendants point out, Plaintiffs clearly have not offered a Caremark claim. See In re Caremark Int’l Inc. Deriv. Litig., 698 A.2d 959 (Del.Ch.1996).

AKWELEY ABLORH v. TOWN OF STONEHAM, DAVID STEFANELLI, SHERYL ROTONDI, & BRIAN RAFFAELO

District Court, D. Massachusetts · Nov 20, 2025

Therefore, Plaintiff cannot establish that the Defendant Officers removed her son through a physical taking or inducement. … Qualified Immunity I need not address Defendants’ argument that the claims against the Defendant Officers are barred by the doctrine of qualified immunity because Plaintiff’s claims

United States v. Silveira

297 F. Supp. 2d 349 · District Court, D. Massachusetts · Nov 19, 2003

With respect to materiality: Silveira gave considerable evidence against Campbell, and in so doing he clearly incriminated himself. … The government was clearly after Campbell. Sil-veira’s perjurious statement did not advance that prosecution one way or the other.

Powercomm, LLC v. Holyoke Gas & Electric Dept.

746 F. Supp. 2d 325 · District Court, D. Massachusetts · Oct 19, 2010

Once the bids were in, HG & E Purchasing Coordinator Yocelyn Delgado 5 vetted them to ensure that the bidding contractors were qualified. (Lavelle Dep., Ex. 8, 18:13-19:1.) … Notably, Kwasnik’s statements at his deposition clearly implied that he knew that Lavelle did not make the final decisions.

Global Naps, Inc. v. New England Telephone & Telegraph Co.

226 F. Supp. 2d 279 · District Court, D. Massachusetts · Aug 27, 2002

Local telecommunications traffic is defined as traffic that “originates and terminates within a local service area established by the state commission.” … have not established one here.

Hasbro, Inc. v. Clue Computing, Inc.

66 F. Supp. 2d 117 · District Court, D. Massachusetts · Sep 2, 1999

CLUE ® clearly does not refer to a general category of goods. … Expectations, however justified and however dearly purchased, cannot immunize future conduct from legislative fiat.

United States ex rel. Cunningham v. Millennium Laboratories, Inc.

202 F. Supp. 3d 198 · District Court, D. Massachusetts · Aug 19, 2016

Good cause must be established “on a document-by-document basis.” Bradford & Bigelow, 109 F.Supp.3d at 447 . … Although Cunningham’s disclosures were clearly prepared “in anticipation of litigation,” Fed. R. Civ. P. 26(b)(3), that litigation has ended.

Blidgen

District Court, D. Massachusetts · Oct 16, 2025

dismiss an action in which a plaintiff is proceeding in forma pauperis if the action is malicious, frivolous, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune … Blidgen alleges that “[t]he assault was captured on multiple videos from different angles, clearly showing the aggressor,” and “caused visible injuries . . . and symptoms consistent with concussion.” [Id.]. Ms.

Narrigan v. Goldberg

District Court, D. Massachusetts · Mar 25, 2025

“The Supreme Court has clearly said that the Eleventh Amendment bars federal suits by citizens against the state or state agencies and that this ‘jurisdictional bar applies regardless of the nature of the relief sought. … Abrogation and Waiver The Commonwealth has not waived its Eleventh Amendment immunity, nor has Plaintiff identified a valid abrogation of that immunity.

Benoit v. TRI-WIRE ENGINEERING SOLUTIONS, INC.

612 F. Supp. 2d 84 · District Court, D. Massachusetts · Apr 24, 2009

On or about June 5, 2008, the court granted Plaintiffs’ motion for preliminary recognition of this case as a FLSA collective action and established a discovery schedule. … Renzenberger, Inc., 592 F.Supp.2d 1331, 1347 (D.Kan.2009) (“The Court cannot conclude that Congress, by virtue of the language in § 121 of the [TCA], clearly and unambiguously intended for § 305 to apply retroactively.”);

Collymore v. Suffolk County Sheriff Department

District Court, D. Massachusetts · Jan 29, 2019

immunity. (#22.) … Because plaintiff’s constitutional claim fails, the court need not address the issue of qualified immunity. B. The State Law Claim.

United States v. Owens

933 F. Supp. 76 · District Court, D. Massachusetts · Jun 24, 1996

obligation to reveal exculpatory data was data that tended to show that the defendant either did not commit the crime charged, that ... was inconsistent with the defendants having committed the crime charged, or [that] tended to establish … Devin , perhaps, could be dismissed as dicta, but Osorio clearly cannot....

Kingston

District Court, D. Massachusetts · Sep 10, 2026

L. c. 30A, § 14(7) (establishing the right of judicial review of agency actions prejudicing the substantial rights of any party); Mass. Gen. … immunity.

Rashad v. Walsh

204 F. Supp. 2d 93 · District Court, D. Massachusetts · Mar 31, 2002

But while this showing does not qualify ás actual prejudice, they buttress RaShad’s claim of presumptive prejudice. … Again, this claim is only cognizable on habeas review insofar as it challenges the state courts’ application of clearly established Supreme Court precedent.

KG Urban Enterprises, LLC v. Patrick

293 F.R.D. 42 · District Court, D. Massachusetts · Jun 6, 2013

Plaintiff challenges a provision of an Act Establishing Expanded Gaming in the Commonwealth, 2011 Mass. … “It is important to identify clearly the [absent party’s] interest at stake.” See Cachil Dehe Band of Wintun Indians of the Colusa Indian Cmty. v. California, 547 F.3d 962, 971 (9th Cir.2008).

Oberther v. Midland Credit Management, Inc.

45 F. Supp. 3d 125 · District Court, D. Massachusetts · Sep 15, 2014

1) Mail in $500 and call to set up your remaining payments. 2) Call us to see how to qualify for discounts and payment plans. LET U.S. HELP YOU! … Municipality of Carolina, 747 F.3d 15, 24 (1st Cir.2014) (“[Plaintiffs need not plead facts in the complaint that establish a prima facie case ... nor must they ‘allege every fact necessary to win at trial.’ ”) (quoting Rodriguez-Vives