Case law

Forcier Ex Rel. Estate of Forcier v. Forcier

406 F. Supp. 2d 132 · District Court, D. Massachusetts · Dec 28, 2005

Here, the policy contains no mandatory language of any kind, and there is no clearly defined conditional sequence (e.g., “if not to x then to y”). … We agree that in spite of the total collapse of the marriage the defendant technically qualifies as the widow of the insured within the meaning of the statute. Id.

Financial Resources Network, Inc. v. Brown & Brown, Inc.

867 F. Supp. 2d 153 · District Court, D. Massachusetts · Mar 31, 2012

Furthermore, “the insured bears the burden of establishing coverage,” while “the burden is on the insurer to establish the applicability of an exclusion.” Finn v. National Union Fire Ins. … Use of the language “condition precedent” and the language of the paragraph as a whole establish that the insured plaintiff bears the burden to establish compliance with these notice requirements. See, e.g., Cooper v.

Roberts v. Smith Barney, Harris Upham & Co., Inc.

653 F. Supp. 406 · District Court, D. Massachusetts · Dec 11, 1986

I need not choose between the states’ laws because each establishes essentially the same test for determining unconscionability. … I find that plaintiffs have failed to allege any facts capable of establishing unconscionable procedural defects in the contracts.

Killion v. Commonwealth Yachts

421 F. Supp. 2d 246 · District Court, D. Massachusetts · Feb 16, 2006

The “dealership” relationships that Mainship had with companies in Massachusetts and Maine do not, standing alone, qualify as such contacts. … plaintiff, and plaintiff acted to establish Puerto Rican operations, was not sufficient connection to Puerto Rico to establish minimum contacts).

In re Hammond

98 F. 845 · District Court, D. Massachusetts · Dec 22, 1899

A study of the development of the bill through its successive drafts shows clearly that jurisdiction originally conferred in one section has been taken away or enlarged by a modification of that section, without a corresponding … They illustrate further the difficulty of establishing this distinction.

Afrasiabi v. United Press International

District Court, D. Massachusetts · Sep 22, 2021

Afrasiabi is an “Iranian spy” and a “wolf in sheep’s clothing,” which immunizes Defendants from liability. … Thus, the uncontested and properly considered facts conclusively establish that UPI is entitled to a favorable judgment.

Brown v. Wellpoint, Inc.

District Court, D. Massachusetts · Aug 13, 2025

Brown alleges, for example, that NGS’s “actions were clearly negligent,” id. ¶ 62, but he does not support that conclusory allegation with any facts showing that NGS owed him a duty or that its “failure to exercise reasonable … The only evidence before the Court is Williams’ declaration, which establishes that Elevance has no business in Massachusetts.

Exergen Corp. v. Brooklands Inc.

125 F. Supp. 3d 307 · District Court, D. Massachusetts · Aug 28, 2015

The claims in the '938 patent clearly are directed to a law of nature. … The question is whether this one additional step is sufficient to establish patent eligibility.

Brox v. Wood's Hole, Martha's Vineyard and Nantucket Steamship Authority

District Court, D. Massachusetts · Dec 11, 2023

August 23, 2021, and to the Moderna Vaccine on January 31, 2022.5 The Vaccines are extremely effective.6 But, as is common with vaccines, the immunity … Plaintiffs bear the burden of establishing that these factors weigh in their favor. Esso Standard Oil Co. v.

Massachusetts Delivery Ass'n v. Healey

117 F. Supp. 3d 86 · District Court, D. Massachusetts · Jul 8, 2015

“[W]e are following Congress’s directive to immunize motor carriers from state regulations that threaten to unravel Congress’s purposeful deregulation in this area.” Id. … The Court notes, however, that not all First Circuit precedent points clearly in the direction of preemption.

Melendez v. Zoldak

District Court, D. Massachusetts · Jun 2, 2025

The SJC’s decision was not “contrary to” clearly established Federal law For the purposes of habeas review, “[t]he Strickland standard qualifies as clearly established federal law.” Janosky v. St. … is an “unreasonable” application of clearly established federal law.

Montrym v. Panora

438 F. Supp. 1157 · District Court, D. Massachusetts · Oct 31, 1977

To be sure, the issue plaintiff asserts here, whether an initial refusal followed by a later request to take the test qualifies as a refusal, may be the rare exception. … Love, 431 U.S. 105, note 7 , 97 S.Ct. 1723 , 52 L.Ed.2d 172 (1977), to establish eligibility after surrendering his license.

Ferreira v. Sterling Jewelers, Inc.

130 F. Supp. 3d 471 · District Court, D. Massachusetts · Sep 15, 2015

Reg. at 78,741, 14 Clearly, the FTC commentary and the resulting regulations do not establish that any given untreated emerald, in general, is more valuable than any particular treated emerald, let alone that Ms. … Shaulis, 120 F.Supp.3d at 52 , 2015 WL 4886080, at *10 ; see Rule I, 604 F.Supp.2d at 302 (Hershenow “expressly rejected the proposition ... that a misrepresentation can qualify as an ‘injury’ to consumers who are influenced

Alopexx, Inc. v. Xenothera

District Court, D. Massachusetts · Apr 28, 2023

The text of the contract does not clearly support defendant’s interpretation. … Here, the private factors do not clearly weigh in favor of the French forum.

Nahigian v. Leonard

233 F. Supp. 2d 151 · District Court, D. Massachusetts · Nov 22, 2002

Thus, and clearly, corporate officers are subject to the criminal procedures, defenses, and civil suits established in Section 150 for violations of Section 148. … The employer had made a loan to the plan for use to buy a set number of shares of the employer’s stock (which would then be given to qualifying employees). Id. at 30 .

Linehan v. Berryhill

District Court, D. Massachusetts · Aug 30, 2018

Schweiker, 671 F.2d 19, 20- 21 (1st Cir. 1982) (“[S]evere anxiety or depression is not in itself sufficient to establish eligibility for benefits absent a proper showing of related functional … However, this is not a case where the “mistake of the administrative body is one that clearly had no bearing on the . . . substance of the decision reached.” Kurzon v. U.S.

Cass v. Town of Wayland

District Court, D. Massachusetts · May 30, 2019

First, the plaintiff must establish a prima facie case. … Id. at *8. 3 Defendants also assert that Detective Berger is entitled to qualified immunity on Cass’s Fourth Amendment claim. See Docket No. 77 at 23-25.

In Re. Brown

District Court, D. Massachusetts · Apr 22, 2022

The Jurisdiction of the Bankruptcy Court 28 U.S.C. § 1334 “establishes two main categories of bankruptcy matters over which the district courts have jurisdiction.” Gupta v. Quincy Med. … In other words, some matters that qualify for “related to” jurisdiction pre-confirmation might no longer qualify post-confirmation, but the authority for “related to” jurisdiction never disappears. Id.

New Bedford Defense Products Division of Firestone Tire & Rubber Co. v. Local No. 1113 of International Union

160 F. Supp. 103 · District Court, D. Massachusetts · Feb 27, 1958

Despite the language of the contract, the Division clearly was not, and, (not being a voluntary association or a legal personality) could not be, a party. As to the Local the question is more doubtful. … “(e) Matters involving the general wage scale or differentials in the maximum hourly rates which are established at the effective date of this Agreement shall not be a subject for arbitration.”

Souza

District Court, D. Massachusetts · Mar 30, 2026

Fourteenth Amendment protections due to a finding of qualified immunity, however the court did recognize that there was a “legitimate interest in restricting ownership of pet cats and dogs in public housing.”8 Id. at 273 … immunity.