Case law

DERMESROPIAN v. Dental Experts, LLC

718 F. Supp. 2d 143 · District Court, D. Massachusetts · Jun 11, 2010

established public policy” that was offended by his termination. … Driscoll, 418 Mass. 576 , 638 N.E.2d 488, 492 (Mass.1994) (“[W]e have recognized that an at-will employee has a cause of action for wrongful termination only if the termination violates a clearly established public policy

Spencer Companies v. Chase Manhattan Bank, N.A.

81 B.R. 194 · District Court, D. Massachusetts · Dec 1, 1987

Unlike the Reid note, the notes in the present case list no conditions which modify or qualify the demand term of the note. Neither is K.M.C. Co. v. … Although the cases do not clearly define a “special account”, two characteristics emerge from the cases. Accounts which are devoted to one or only a few purposes are most clearly special deposits not subject.to setoff.

Delta Traffic v. Transtop Inc.

776 F. Supp. 13 · District Court, D. Massachusetts · Jun 5, 1989

While the former question clearly does involve the expertise of the ICC, the latter does not.”). … As the court said, while the ICC is “free to change its policies, [it] is not free to change a clearly established rule of law.” Id. at 771 . See also West Coast Truck Lines, Inc. v.

In Re. Daley

District Court, D. Massachusetts · Aug 2, 2018

Appellees made early withdrawals from a qualified retirement plan in 2012 and 2013. … an appeal from an order of a bankruptcy court, a district court reviews de novo conclusions of law but must accept the bankruptcy judge’s findings of fact unless they are clearly

Shaheed-Muhammad v. Dipaolo

138 F. Supp. 2d 99 · District Court, D. Massachusetts · Mar 19, 2001

Construing his pro se pleadings liberally, it appears that Muhammad seeks to qualify under the “capable of repetition, yet evading review” exception to the mootness doctrine. … Plaintiff alleges that the defendants denied him due process of law when, in contravention of clearly established prison procedures, they ignored his requests for a special diet, denied him access to periodicals without providing

A.M.L. International, Inc. v. Daley

107 F. Supp. 2d 90 · District Court, D. Massachusetts · Jul 28, 2000

To allow broad-based participation in the management process, the Magnuson-Stevens Act created eight regional fishery management councils composed of state fishery managers, the regional NMFS fisheries administrator, and qualified … The SDFMP, according to the best scientific information at the time, clearly indicated that SSBmax was 200,000 metric tons.

Rams v. Chater

989 F. Supp. 309 · District Court, D. Massachusetts · Dec 11, 1997

The medical evidence establishes that the claimant has bulging cervical disc and possible thoracic outlet syndrome. *312 5. … vocationally qualified to perform some other work that exists in significant numbers of jobs in the regional and national economy.

United States v. Zak

476 F. Supp. 2d 29 · District Court, D. Massachusetts · Mar 7, 2007

To qualify for Fourth Amendment protection, “a privacy expectation must meet both subjective and objective criteria: the complainant must have an actual expectation of privacy, and that expectation *35 must be one which society … Although the Fourth Amendment clearly applies “to commercial premises, ... [a]n expectation of privacy in commercial premises ... is different from, and indeed less than, a similar expectation in an individual’s home.”

Boston's Children First v. Boston School Committee

260 F. Supp. 2d 318 · District Court, D. Massachusetts · Apr 23, 2003

The plan called for a Parent Information and Student Assignment Center to be established in each Zone to guide parents through the school assignment process. … Viera Perez, 831 F.2d 365, 372 (1st Cir. 1987) (“The scope of injunctive relief is dictated by the extent of the violation established ...

DeCambre v. Brookline Housing Authority

95 F. Supp. 3d 35 · District Court, D. Massachusetts · Mar 25, 2015

Second, if DeCambre intended to sue the BHA employees in their individual capacity, then the individual defendants would receive qualified immunity “insofar as their conduct does not violate clearly established statutory … Congress has expressly delegated rule-making authority to HUD to establish procedures for income verification. See McGann v. United States, No. 98 CIV. 2192 SAS, 1999 WL 173596 , at *6 (S.D.N.Y.

Marsman v. Western Electric Co.

719 F. Supp. 1128 · District Court, D. Massachusetts · Aug 23, 1988

a complainant’s initial burden of establishing a prima facie case of disparate treatment is not onerous.” … The Union clearly points out that in response to questions at her deposition, Marsman failed to identify any incident by the Union of anything that would resemble a threat, coercion or intimidation. See Marsman Dep.

Dyjak v. Baystate Health Systems, Inc.

945 F. Supp. 2d 197 · District Court, D. Massachusetts · Apr 17, 2013

Underwood was under 40 years old at the time and was not as qualified as Plaintiff. (Pi’s SOF ¶ 65-66.) … a prima facie case because she was a member of a protected class, qualified for the job, terminated, and replaced by someone who was at least five years younger than she.

Painters & Allied Trades District Council 82 Health Care Fund v. Forest Laboratories, Inc.

315 F.R.D. 116 · District Court, D. Massachusetts · Jun 2, 2016

The FDA denied Forest’s application for a pediatric indication for Celexa after finding that the Lundbeck Study was a clearly negative study. The other two studies addressed the efficacy of Lexapro. … The named plaintiff must show that 1) its interests align with those of the class and 2) its counsel is qualified, experienced and able to litigate the claims vigorously. See Andrews v.

Pump, Inc. v. Collins Management, Inc.

746 F. Supp. 1159 · District Court, D. Massachusetts · Mar 9, 1990

The court went on to state: The logical consequence of adopting Goodyear’s position [that reverse confusion was not actionable] would be the immunization from unfair competition liability of a company with a well-established … While many fans are clearly loyal to their favorite bands, this Court takes judicial notice, Fed.R.

Penate v. Kaczmarek

District Court, D. Massachusetts · Sep 22, 2021

Kaczmarek’s and Foster’s misconduct was so egregious in the Penate case that it creates presumptive prejudice and qualifies as a fraud upon the court. … Ballou does not clearly identify a particular case on which he bases his recusal motion.

DiStefano v. Stern

236 B.R. 112 · District Court, D. Massachusetts · Jul 27, 1999

Additionally, “[i]t is an established rule of law that establishing a genuine issue of material fact requires more than effusive rhetoric and optimistic surmise.” Fajardo Shopping Center v. … This action, though perhaps improper, clearly has no bearing whatsoever on the ultimate Chapter 7 liquidation amount or the DiStefanos claims. 2.

Baptista v. Lyons

District Court, D. Massachusetts · Feb 11, 2020

Nevertheless, since the EAJA effectively waives part of the government’s sovereign immunity by making it liable for the other party’s attorney fees, it must be strictly construed in … To qualify as a prevailing party, a party must show both (1) a “material alteration of the legal relationship of the parties” and (2) a “judicial imprimatur on the change.”

State Police for Automatic Retirement Ass'n v. Difava

164 F. Supp. 2d 141 · District Court, D. Massachusetts · Sep 5, 2001

The Court also allowed the State defendants’ motion to dismiss the complaint on qualified immunity grounds, with prejudice, insofar as the plaintiffs sought monetary damages. (Id.) … Com., 373 Mass. 359, 366 , 366 N.E.2d 1262 (1977) (stating that such discretion is necessary to “establish[] and sustain[] uniform and consistent legal policy for the Commonwealth.”).

Southwest Boston Senior Services, Inc. v. Whatley

396 F. Supp. 2d 50 · District Court, D. Massachusetts · Oct 25, 2005

To establish removal jurisdiction based on a federal question under 28 U.S.C. § 1441 (a), 1 federal subject matter jurisdiction must be established within the four corners of the plaintiff’s complaint. … While “[t]he precise scope of the probate exception has not been clearly established,” it is clear that “[a]s a general matter, courts tend to view the probate exception as extending to all suits ‘ancillary’ to the probate

Singleton v. Sinclair Broadcast Group, Inc.

660 F. Supp. 2d 136 · District Court, D. Massachusetts · Oct 6, 2009

Thus, Plaintiff has failed to establish that she was a “qualified” handicapped person — as required under Chapter 151B — at the time Sinclair terminated her employment. … If a Plaintiff can prove bad faith, she is awarded damages for “the loss of compensation that is ... clearly related to an employee’s past service.” Gram v. Liberty Mut. Ins.