Case law

Daley v. Mira, Inc.

District Court, D. Massachusetts · May 23, 2023

The pending cross-motions ask the Court to answer one narrow question: does the charitable liability damages cap established by Massachusetts statute, Mass. Gen. … Hellman, 547 N.E.2d 931 (Mass. 1989) (requiring proof of a physician-patient relationship, among other things, as a component of a claim qualifying for the higher limit). 8 New York never implemented a modified immunity

In Re Pharmaceutical Industry Average Wholesale Price Litigation

307 F. Supp. 2d 196 · District Court, D. Massachusetts · Feb 24, 2004

Price fixing agreements qualify for the per se label. “Stabilizing prices as well as raising them is within the ban of § 1 of the Sherman Act.” United States v. … The Amended Complaint names eleven plaintiffs, including five ERISA-qualified employee benefit plans, a voluntary employee benefit plan and five associations.

Gilbert v. City of Cambridge

745 F. Supp. 42 · District Court, D. Massachusetts · Aug 9, 1990

Plaintiffs suggest that applying limitations periods to defensive declaratory judg *49 ment actions could effectively immunize constitutionally repugnant state action from review. … The concepts of finality and exhaustion are clearly distinguished in a helpful discussion in Tenoco Oil Co. v. Dept. of Consumer Affairs, 876 F.2d 1013, 1024 (1st Cir.1989).

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

Strunk v. City of Beverly Police Department

District Court, D. Massachusetts · May 6, 2019

Humphrey, 512 U.S. 477, 484 (1994), 3) the claim is barred by issue preclusion, 4) the individual officer defendant is entitled to qualified immunity and 5) the Beverly Police … No other tests were performed that night to establish plaintiff’s blood alcohol level.

Morgan v. Hennigan

379 F. Supp. 410 · District Court, D. Massachusetts · Jun 21, 1974

We find that plaintiffs have established all three claims. … Before 1971 from four to six years of experience were required to qualify for promotion.

United States ex rel. Bierman v. Orthofix International, N.V.

113 F. Supp. 3d 414 · District Court, D. Massachusetts · Jul 1, 2015

an entity to qualify as a Medicare supplier for purposes of submitting claims and receiving payment.” … frivolous, clearly vexatious, or brought primarily for purposes of harassment.”

Carmack v. National RR Passenger Corp.

486 F. Supp. 2d 58 · District Court, D. Massachusetts · Mar 22, 2007

Additionally, “[t]o qualify as disabled, a claimant must further show that the limitation on the major life activity is ‘substantial.’ ” Id. (quoting 42 U.S.C. § 12102 (2)(A)). … any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Sok v. Spencer

578 F. Supp. 2d 281 · District Court, D. Massachusetts · Sep 24, 2008

The Court does not read Sok’s petition or brief to argue that the state court’s decision was “contrary to” clearly established federal law. … The clearly established federal standard at issue here has been set out in Miranda and its progeny.

Lu v. Dargie

District Court, D. Massachusetts · Sep 2, 2025

Federal Rule of Civil Procedure 12(b)(6) is a “proper vehicle for challenging claims based on … absolute … immunity.” Norris v. … Aug. 17, 2023) (collecting cases in which appellate courts have affirmed Rule 12(b)(6) dismissals based on absolute or qualified immunity).

In Re the First Marblehead Corp. Securities Litigation

639 F. Supp. 2d 145 · District Court, D. Massachusetts · Aug 5, 2009

First Marblehead’s detailed disclosures negate any inference of scienter. 149 In addition, the Complaint’s insider trading allegations are not sufficient to establish a strong inference of scienter. … Shearson Lehman Hutton, 929 F.2d 875, 879-80 (1st Cir.1991) ("Documents such as this, which clearly 'bespeak caution,' are not the stuff on which securities fraud claims are made.”

United States v. The William

28 F. Cas. 614 · District Court, D. Massachusetts · Sep 15, 1808

The law was not declared void, but the court declined acting upon it, except in a qualified manner, as commissioners. … the instrument, would be clearly and peremptorily expressed.

Estate of Aitken v. Shalala

986 F. Supp. 57 · District Court, D. Massachusetts · Nov 18, 1997

(the “Medicare Act”) was established in 1965 as a federally funded health care insurance program for the elderly and disabled. … “Termination of benefits that causes individuals to forego such necessary medical care is clearly irreparable injury.” Massachusetts Ass’n of Older Ams. v. Sharp, 700 F.2d 749, 753 (1st Cir.1983).

Massachusetts v. Sebelius

677 F. Supp. 2d 397 · District Court, D. Massachusetts · Dec 31, 2009

(“MFS”), a qualified independent contractor hired by CMS to conduct second-level appeals of Medicare Part A reimbursement claims in Massachusetts. … This Court has previously said that, if the statute speaks clearly “to the precise question at issue,” we “must give effect to the unambiguously expressed intent of Congress.”

Daley v. Wellpoint Health Networks, Inc.

146 F. Supp. 2d 92 · District Court, D. Massachusetts · May 14, 2001

Daley was clearly informed by UNICARE that her paid leave would run concurrently with her FMLA leave before she submitted her request. … The plaintiff in Woodman had heard the offending statement directly from the supervisor-agent, thus qualifying the statement as an admission under Rule 801(d)(2)(D).

Unitt v. Spencer

District Court, D. Massachusetts · Apr 10, 2018

qualified; (3) issuing false disciplinary reports, ostensibly for misusing the microwave oven, facing the wrong direction while sitting outside in the unit yard, and improperly wearing shorts she had purchased … Amendment immunity, 18 U.S.C. § 242 does not provide a private action, and the allegations did not support a claim under 42 U.S.C. § 1985(2) or (3).

Draper v. Healey

98 F. Supp. 3d 77 · District Court, D. Massachusetts · Mar 5, 2015

The Court concludes that this injury is too speculative to qualify as an “injury in fact”. The organization plaintiffs therefore lack standing to sue on their own behalf. … constitutional challenge to a state statute “because the provisions at issue attempt only to decrease in number certain firearms deemed particularly dangerous by the legislature for the sake of public safety, which interests are clearly

Mullane v. Breaking Media, Inc. et.al.

District Court, D. Massachusetts · Jan 6, 2020

Legal Standard To establish libel under Massachusetts law, a plaintiff must establish “(1) that the defendant published a written statement … The privilege provides immunity “from liability for claims arising out of such reports.” Yohe v. Nugent, 321 F.3d 35, 42 (1st Cir. 2003).

Lowney v. Genrad, Inc.

925 F. Supp. 40 · District Court, D. Massachusetts · Dec 19, 1995

The employer employed ten people to administer the program, whose task was to determine which of the employer’s 120,000 employees were qualified for the program. Id. at 69-70 . … The Agreement did not become part of Genrad’s established ERISA Plan Lowney next contends that the Agreement became part of Genrad’s established ERISA Plan.

CSX Transportation, Inc. v. Massachusetts Bay Transportation Authority

697 F. Supp. 2d 213 · District Court, D. Massachusetts · Mar 23, 2010

As to indemnification, CSX argues that the language of the TRA clearly and unambiguously obligates the MBTA to indemnify it in the state-court proceedings. … At issue there was a Pennsylvania statute conferring sovereign immunity on the Southeastern Pennsylvania Transportation Authority (“SEPTA”). 590 F.3d at 242-43 .