Case law

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 .

George v. National Water Main Cleaning Co.

286 F.R.D. 168 · District Court, D. Massachusetts · Sep 27, 2012

Prevailing wage statutes require employers to pay their employees working under qualified contracts a specified hourly rate. D. 38 at ¶¶ 40-44. … But those inquiries go not to commonality (since clearly, these are not common questions of fact) but to predominance, which the Court addresses below.

Visiting Nurse Ass'n of North Shore, Inc. v. Bullen

866 F. Supp. 1444 · District Court, D. Massachusetts · Oct 12, 1994

The operative language, defendants claim, 21 clearly conferred a benefit on institutional providers. From the outset, § 30(A) was enacted to limit reimbursements. … to establish a single rate for each service category for all providers.

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.

La Fleur v. Hall

383 F. Supp. 1188 · District Court, D. Massachusetts · Oct 16, 1974

To this extent at least, there clearly was consistency as opposed to conflict in their defenses. The mere fact that only the petitioner was charged with rape does not constitute a basis for a finding of conflict. … If the issue arises in the context of a § 2255 motion, the government will bear the burden of establishing the unlikelihood of prejudice by a preponderance of the evidence.

Misiph

District Court, D. Massachusetts · Mar 3, 2026

The party seeking to introduce expert evidence has the burden of establishing both its reliability and its relevance. Rodriguez, 91 F.4th at 70 (citation omitted). … The other variables da Silva used are clearly described and supported by a detailed economic model within her report. See id. at 9, 22-23, 28. I therefore find that the admissibility standard has been met.

Colyer v. Skeffington

265 F. 17 · District Court, D. Massachusetts · Jun 23, 1920

The freedom of a country m,ay be measured by its immunity from this baleful agency. … I do not think they would be qualified to do justice under such circumstances.

AW Chesterton Co., Inc. v. Chesterton

951 F. Supp. 291 · District Court, D. Massachusetts · Jan 15, 1997

Expert testimony presented at trial establishes that such benefits will likely continue unless the Company’s S status is terminated. … Defendant, therefore, does not qualify for relief under ch. 156B.

Therrien v. Hamilton

849 F. Supp. 110 · District Court, D. Massachusetts · Apr 19, 1994

Summary judgment is appropriate against a party who “fails to make a showing sufficient to establish the existence of an element essen *114 tial to that party’s case, and on which the party will bear the burden of proof at … On the contrary, the evidence of record clearly documents Therrien’s free speech activities critical of the mayor after Therrien had news of the alleged Johnson-Paquette-Donoghue conversation.

Mantha v. Quotewizard.com, LLC

District Court, D. Massachusetts · Feb 3, 2022

The cited disparity between the declaration and deposition testimony is not such that the Court must regard it as “clearly contradictory.” Cf. Colantuoni v. … No. 253) that Mantha established prudential standing.

The Amy Warwick

1 F. Cas. 799 · District Court, D. Massachusetts · Apr 15, 1862

Some have apprehended that if this conflict of arms is to be deemed war, our enemies must have, against the government, aE the immunities of international beEigerents. … This is a known and well-established rule of decision which the court cannot disregard.

Brown v. United States

599 F. Supp. 877 · District Court, D. Massachusetts · Dec 21, 1984

Although the court deemed both witnesses qualified to render opinions on a variety of relevant issues, it found the testimony of Mr. Haggard more persuasive. … The testimony of Captain Brown established that fishermen had come to rely on the government’s forecasts.

Fecho v. Eli Lilly & Co.

914 F. Supp. 2d 130 · District Court, D. Massachusetts · Dec 21, 2012

Rule 406 is silent with respect to the method of proof to establish habit. … For purposes of summary judgment only, this court finds that the group qualifies as an organization. .

Crespo v. Candela Laser Corp.

780 F. Supp. 866 · District Court, D. Massachusetts · Jan 9, 1992

To establish federal jurisdiction, the complaint must allege such facts as will show the establishment or maintenance of a ‘plan, fund or program’ of the type covered by ERISA.” Molyneux v. … “Quite clearly, there must be a point beyond which ERISA was not designed to reach.” Totton v. New York Life Insurance Co., 685 F.Supp. 27, 30 (D.Conn.1987) (citing Momingstar v.

Bouvier v. Fusaro

District Court, D. Massachusetts · Sep 10, 2025

Williams, 490 U.S. 319, 325 (1989), or if the action fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. … The case caption must clearly name each and every party she is intending to sue. See Fed. R. Civ. P. 10(a) (“The title of the complaint must name all the parties”).

Boston Tomato & Packaging, LLC v. Bostonia Produce, Inc.

98 F. Supp. 3d 268 · District Court, D. Massachusetts · Apr 7, 2015

I conclude that Vardakostas did not have such knowledge under either Restate *274 ment standard and therefore qualifies as a bona fide purchaser for value. … These suppliers were, of course, paid only on the habitually slow schedule established by Bostonia over the years.

Torrey v. FBI United States of America

District Court, D. Massachusetts · Jun 17, 2024

and the A.T.F.), these federal agencies have sovereign immunity from suit unless such immunity has been waived. See FDIC v. Meyer, 510 U.S. 471, 475 (1994). … However, Torrey has not clearly stated whether she filed a claim and/or petition concerning the seized property.

Walgren v. Board of Selectmen of Town of Amherst, Mass.

373 F. Supp. 624 · District Court, D. Massachusetts · Mar 22, 1974

Howes, supra, on the basis of plaintiffs’ allegations, some of which *633 were not established at the trial. … But that is clearly not the nature of the burden in this ease.

Monsarrat v. NEWMAN

District Court, D. Massachusetts · Feb 26, 2021

By determining that Newman’s entitlement to two affirmative defenses was clearly established on the face of the Complaint itself, the court necessarily found that plaintiff Jonathan Monsarrat’s claims were, … Newman’s counsel, moreover, raised the issue of immunity under 47 U.S.C. § 230 in response to Monsarrat’s March 19, 2020 demand letter, and taking into account that Monsarrat’s counsel had litigated the Small Justice

Securities and Exchange Commission v. Cutter Financial Group, LLC

District Court, D. Massachusetts · Mar 12, 2025

That guidance clearly establishes that a registered investment adviser owes a fiduciary duty to his advisory clients. You have argued that Mr. … But the relevant legal principle is well established – if Mr.