Case law

Eaton v. Town of Townsend

District Court, D. Massachusetts · Mar 6, 2019

Defendants move to dismiss both theories on grounds of qualified immunity and on the merits. 1. … Third, the information Eaton disclosed in the press release was clearly derived from special knowledge which he obtained as part of his employment as Chief of Police.

McMahon v. Califano

476 F. Supp. 978 · District Court, D. Massachusetts · Sep 21, 1979

Under 42 U.S.C. § 1395x(j) an institution (or a distinct part thereof) qualifies as a skilled nursing facility if it provides a variety of services and further, if it has a “transfer agreement” in effect with one or more … Under recent precedent, the Secretary’s duty may be more clearly defined now than it was at the time plaintiff’s claim was denied.

Chapman v. Finnegan

950 F. Supp. 2d 285 · District Court, D. Massachusetts · Jun 7, 2013

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 … Chapman can demonstrate deliberate indifference only if the medical attention he received is “so clearly inadequate as to amount to a refusal to provide essential care” and must be “so inadequate as to shock the conscience

Decoulos v. Town of Aquinnah

District Court, D. Massachusetts · Jul 24, 2018

In 1862, the Legislature established the district of Gay Head. … Supp. 3d at 7 (“The court, however, need not answer the Rooker–Feldman question as a threshold matter because other issues are clearly dispositive.”); see also Chun Xin Chi v.

Noel v. Town of Plymouth, Mass.

895 F. Supp. 346 · District Court, D. Massachusetts · Jul 14, 1995

Instead, the nonmoving party must adduce specific, provable facts which establish that there is a triable issue. Id. … In addition, Officer Fistori stated in his report that he had personally observed in Noel three classic signs of intoxication, and had seen him driving at a speed that is clearly excessive for a dirt road at night.

Federal Trade Commission v. Direct Marketing Concepts, Inc.

569 F. Supp. 2d 285 · District Court, D. Massachusetts · Jul 14, 2008

Generally, claims can be divided into two categories — establishment claims and non-establishment claims. … Under Central Hudson, the infomericals at issue in this case qualify as commercial speech.

Reid v. Donelan

297 F.R.D. 185 · District Court, D. Massachusetts · Feb 10, 2014

Plaintiff bears the burden of establishing each requirement, In re Eaton Vance Corp. Sec. … A plaintiff need only establish “a single common question” to satisfy this requirement. Id. at 2256.

Converse Construction Co. v. Massachusetts Bay Transportation Authority

899 F. Supp. 753 · District Court, D. Massachusetts · Sep 13, 1995

However, it clearly emerged at the August 4, 1995 hearing that there is no single “Mass. Plan” applicable to all of the defendants or to all of the contracts whose award plaintiff seeks to enjoin or alter. … The same organization may qualify as a DBE under federal law and as an MBE under state law, as Converse did until September 1993.

United States v. Quinn

472 F. Supp. 2d 104 · District Court, D. Massachusetts · Feb 6, 2007

The quoted language rather clearly refutes any suggestion that the government lacked information about Yang’s prior significant participation in the distribution of cocaine that could have formed the basis for an estimate … First, the statute that criminalizes the conduct establishes the range of permissible penalties that may be imposed: “In the case of a violation ... involving ... 500 grams or more of a mixture or substance containing ...

L.B. Corp. v. Schweitzer-Mauduit International, Inc.

121 F. Supp. 2d 147 · District Court, D. Massachusetts · Nov 22, 2000

Massachusetts has not clearly recognized strict liability for the pumping of subterranean water, even if it results in damage to a plaintiffs land in its natural state. … He is admittedly well qualified. He has also submitted lengthy expert reports based on his considerable research of the area.

United States v. Salemme

978 F. Supp. 343 · District Court, D. Massachusetts · Jun 28, 1997

Moreover, the affidavit in support of the application for the roving warrant did not state that the confidential sources to whom it referred would not obey a compulsion and immunity order, but only that the use of such an … Id.; see also Cole, 807 F.2d at 268 (“In reviewing finding made after a Franks hearing, [the First Circuit uses] a clearly erroneous test.”).

Momand v. Universal Film Exchange, Inc.

72 F. Supp. 469 · District Court, D. Massachusetts · Feb 13, 1947

Indeed he himself explained that when he used the phrases “lack of qualified or adequate major product” he meant “that the principal producers of motion pictures did not sell the quality pictures which you [he] wanted at … Clearly plaintiff in the case at_ bar jloes not fall under the ratio decidendi of Bige-low’s case.

Stone v. Chao

284 F. Supp. 2d 241 · District Court, D. Massachusetts · Sep 26, 2003

On December 4, 2000, OWCP denied the request as untimely and as failing to establish clear evidence of error. (Id ¶ 12 and Ex. 12 thereto.) … In so doing, the EEOC stated as follows: After a careful review of the record, we find that [Plaintiff] failed to demonstrate that the ... decisions] involved a clearly erroneous interpretation of material fact or law, or

Michael C. Pizzuto v. Homology Medicines, Inc.

District Court, D. Massachusetts · Mar 31, 2024

[Dkts. 91-7 at 15 (“Degree of ALT elevation was associated with pre-existing immune conditions”); 91-15 at 3 (“The patients who experienced Grade 3 ALTs had pre-existing underlying immune conditions.”)]. … Discussing the pheNIX trial and having familiarity with its data cannot establish fraudulent intent.

Acushnet Co. v. Coaters, Inc.

972 F. Supp. 41 · District Court, D. Massachusetts · Jul 30, 1997

The comment adds that state statutes immunizing nonmanufacturing sellers or distributors from the strict liability otherwise imposed on them by common law for defects occurring during manufacturing generally grant that immunity … The comment calls attention, also, to two special problems about applying this immunity, even when all these three requirements may, on first inquiry, appear to be satisfied.

Petedge, Inc. v. Fortress Secure Solutions, LLC

144 F. Supp. 3d 249 · District Court, D. Massachusetts · Nov 17, 2015

] itself has undertaken any action purposefully to establish business contacts with Massachusetts”). … Neogen Corp., 17 F.Supp.2d 104, 112 (D.Conn.1998) (declin--ing to treat a purchase made by a plaintiff in the forum state as a qualifying contact for personal jurisdiction, and noting that “it was ... the acts of [plaintiff

Grossman v. Johnson

2 Mass. Supp. 392 · District Court, D. Massachusetts · Apr 7, 1981

In general, the plaintiff must allege specific facts clearly demonstrating that the directors of the company would reject a demand if made. See, 3B Moore’s Federal Practice. … Baird, 567 F. 2d 1157 (1st Cir. 1977), the First Circuit established guiding principles for measuring excuses for a failure to make demand.

Llorens v. LexShares, Inc.

District Court, D. Massachusetts · Dec 3, 2024

This provision does not specifically mention claims of discrimination and, thus, does not clearly and unmistakably apply to Chapter 151B claims. … Defendants argue that Llorens has failed to state a claim of racial discrimination because he does not allege that LexShares replaced him as CEO with a similarly qualified person.

Felisberto v. Dumdey

District Court, D. Massachusetts · May 27, 2021

immunity provided by this subdivision.” … Therefore, this court finds that they qualify for work product protection.

Rivera v. Mici

District Court, D. Massachusetts · Sep 26, 2023

Further, to the extent that Rivera seeks declaratory relief for past harm, such relief is also barred by sovereign immunity. See Papasan v. … immunity arguments.