Case law

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.

Giannetti v. Mahoney

218 F. Supp. 2d 8 · District Court, D. Massachusetts · Aug 23, 2002

Despite a surface resemblance, the present matter is clearly distinct from Carlo and Vartanian . 7 First, both Carlo and *14 Vartanian concerned claims against employers acting in their ERISA fiduciary capacities. … Similarly, the Eleventh Circuit, sitting en banc, has found that a state-based fraud claim against an individual insurance agent was not preempted and, in so doing, said the following: To immunize insurance agents from personal

Rolland v. Cellucci

191 F.R.D. 3 · District Court, D. Massachusetts · Jan 10, 2000

In particular, the Supreme Court found a qualified right to community placement for two patients who had been confined for treatment to a state mental hospital when the state’s treatment professionals determined that community … Clearly, the case has been aggressively litigated. Indeed, only at the end of discovery did the parties engage in a seven day, fifty-five hour mediation marathon.

Coleman v. Astrue

726 F. Supp. 2d 36 · District Court, D. Massachusetts · Jul 29, 2010

A hearing officer, as a lay person, generally is not qualified to interpret raw medical data to determine a claimant’s RFC. Manso-Pizarro, 76 F.3d at 17 . … The hearing officer was not properly qualified to so conclude without the aid of an expert. After being diagnosed with ADHD and anxiety disorder, Coleman’s condition improved with medicinal treatment.

United States v. Kelly

543 F. Supp. 1303 · District Court, D. Massachusetts · Jul 26, 1982

(B) A lawyer who receives information clearly establishing that: (1) His client has, in the course of the representation, perpetrated a fraud upon a person or tribunal shall promptly call upon his client to rectify the same … The ABA Code of Professional Responsibility requires that when a lawyer receives information clearly establishing that a person other than his client has perpetrated a fraud during a trial, that lawyer must “promptly reveal

1611 Cold Spring Road Operating Company, LLC v. Skinner

District Court, D. Massachusetts · Dec 3, 2024

June 5, 2024) (finding the defendants’ qualified immunity arguments waived where they were not sufficiently developed; collecting cases). … that a violation of the building code necessarily qualifies as a violation of c. 93A, § 2”).

Asia v. Res-Care Inc.

59 F. Supp. 3d 260 · District Court, D. Massachusetts · Nov 14, 2014

No. 48-2, Westover Contract 4. 4 ) Pursuant to this contract, the Director’s additional responsibilities include: establishing all “[cjenter disciplinary procedures” (Dkt. … In order to qualify for immunity from retaliation under the statute, the sole obligation imposed upon a mandated reporter is that she file her report in “good faith.” See Mass. Gen.

Mailloux v. Town of Littleton

473 F. Supp. 2d 177 · District Court, D. Massachusetts · Jan 11, 2007

In his deposition, Chairman of the Board Caruso noted that the Board was unhappy that the hiring committee was not interviewing all qualified candidates as had been promised. … As to the other state law claims against Defendant McCurdy, this court adopts the framework established by Judge Ponsor in Bennett v.

United Parcel Service, Inc. v. Chadwick's of Boston, Ltd.

900 F. Supp. 557 · District Court, D. Massachusetts · Oct 4, 1995

First, it is well established in the First Circuit that a contention presented in only a cursory way is not preserved for decision on the merits. See, e.g., New Hampshire Motor Transport Association v. … The Commission would be better qualified to make these evaluative choices. Its expertise would be helpful, even if not “required.”

Dunfey v. Roger Williams University

824 F. Supp. 18 · District Court, D. Massachusetts · Jun 10, 1993

No administrator will qualify for severance pay unless he has a minimum of ten years of service as an administrative employee of the College. … A count may be dismissed for failing to state a claim “only if it clearly appears, according to the facts alleged, that the plaintiff cannot recover on any viable theory.” Id.

Vlahos v. Alight Solutions Benefit Payment Services, LLC

District Court, D. Massachusetts · Aug 8, 2018

Vlahos participated in a 401(k) retirement savings plan (the “Plan”), which established a retirement savings account (the “Account”). Id. ¶ 6. … The Planhere clearly states that the plan participant, Mr. Vlahos, “may withdraw all or part of his . . . account balance at any time.” [ECF No. 11-1 § 7.2].

Smith Ex Rel. Smith v. General Electric Co.

938 F. Supp. 70 · District Court, D. Massachusetts · Sep 6, 1996

The distinction between an indemnitee and a party immune from suit is critical, especially in a punitive damages context. … The plaintiff has no cause of action unless she is able to establish that Smith’s exposure exceeded the whole body external dose limits established by 10 C.F.R.

Barton v. Temescal Wellness, LLC

District Court, D. Massachusetts · Mar 8, 2021

Defendant argues that Barton is not a residential subscriber and that the texts she received do not qualify as solicitations. … The Texts Barton Received Qualify as Solicitations.

Smith v. Jenkins

818 F. Supp. 2d 336 · District Court, D. Massachusetts · Oct 11, 2011

Apparent authority cannot be established through the words or actions of the purported agent, but only through those of the principal. … Bertucci made a proffer to the United States Attorney for the District of Massachusetts in its case against Jenkins in exchange for a grant of immunity. 16 .

Forte v. Medeiros

239 F. Supp. 3d 310 · District Court, D. Massachusetts · Mar 9, 2017

Under the AED-PA: a federal court may grant habeas relief if the state court adjudication “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined … An adjudication will be contrary to clearly established law if the state court ‘applies a rule that contradicts the governing law set forth’ by the Supreme Court or ‘confronts a set of facts that are materially indistinguishable

Jackson v. Marshall

634 F. Supp. 2d 146 · District Court, D. Massachusetts · Jun 18, 2009

While the rule is well-established, the process for managing and analyzing mixed petitions has changed significantly over time. Pursuant to Rose v. … Jackson relies heavily on Phoenix , arguing that his claims in state court “were not resolved on the basis of a state procedural bar, nor were they clearly resolved on the basis of state law.” Jackson Reply at 4.

Wellesley Hills Realty Trust v. Mobil Oil Corp.

747 F. Supp. 93 · District Court, D. Massachusetts · Sep 4, 1990

WHRT relies on section 5(a)(5) to establish Mobil’s liability for contaminating the property. … For the purposes of this motion, this Court accepts WHRT’s allegations that Mobil’s operation of the gas station qualifies as an abnormally dangerous activity, that the risk of release of oil is precisely what makes operation

Cromartie v. Massachusetts Department of Corrections

District Court, D. Massachusetts · Dec 7, 2020

“It is well- established that ‘only those individuals who participated in the conduct that deprived the plaintiff of his rights can be held liable.’” Velez-Rivera v. … Section 1983 does not abrogate the Eleventh Amendment immunity of a state and its agencies from suit in federal court, Quern v.

Charge to Grand Jury—Treason

30 F. Cas. 1042 · District Court, D. Massachusetts · Mar 15, 1863

It does not in terms name the ordinance or law of any state, but its comprehensive language clearly embraces them. … They have been reluctant to admit that the constitution established a government, but have chosen rather to call its work a confederacy, a compact, or a league.

Town of Hingham v. Slater

98 F. Supp. 2d 131 · District Court, D. Massachusetts · May 30, 2000

Established in 1635, Hingham is the northern-most town in Plymouth County, 18 miles southeast of Boston by land and 11 miles southeast by water. … While the Greenbush Line was clearly a part of the Old Colony Rehabilitation Project, the inference must readily be drawn that it was not an indivisible part.