Case law

In re Polymedica Corp. Securities Litigation

224 F.R.D. 27 · District Court, D. Massachusetts · Sep 7, 2004

These questions are “illustrative rather than exhaustive, but establish the existence of the commonality required by Rule 23.” Kirby, 116 F.R.D. at 306 . … I look first, however, to whether the proposed class qualifies under Rule 23(b)(1) or Rule 23(b)(2).

Rae v. Commonwealth of Massachusetts MBTA

District Court, D. Massachusetts · Apr 22, 2021

Because the evidence “establishe[d]” that Lt. … Rae must show that the Commonwealth has waived sovereign immunity with respect to his Wage Act claim.

Alshrafi v. American Airlines, Inc.

321 F. Supp. 2d 150 · District Court, D. Massachusetts · Jun 8, 2004

It did not intend to immunize the airlines from liability for personal injuries caused by their tortious conduct. … Grey, Make Congress Speak Clearly: Federal Preemption of State Tort Remedies, 77 B.U.

3137, LLC v. Town of Harwich

District Court, D. Massachusetts · Jan 28, 2022

D. 65 at 12. 7 A law may be “void for vagueness if its prohibitions are not clearly defined,” thus violating due process. Grayned v. … Accordingly, Plaintiffs have not plausibly stated Fourteenth Amendment claims.9 9 To the extent that the Town also moves to dismiss the constitutional claims on qualified immunity grounds, see D. 59 at 17-19, the Court

Diaz v. JITEN HOTEL MANAGEMENT, INC.

762 F. Supp. 2d 319 · District Court, D. Massachusetts · Jan 20, 2011

General use of these words, though obviously not conclusive evidence that a particular decision was made with racial animus, is clearly relevant to determining whether it was. … Clearly they “count." They are part of the data a decisionmaker evaluates in identifying discrimination. 11 .

Westfield High School L.I.F.E. Club v. City of Westfield

249 F. Supp. 2d 98 · District Court, D. Massachusetts · Mar 17, 2003

The Act’s promise of absolute immunity is illusory, as the Supremacy Clause prevents Massachusetts from limiting remedies provided by federal law as, for instance, under 42 U.S.C. § 1983 for violations of the Establishment … Clearly, the balance of hardships weighs in their favor. 4.

Massachusetts Ass'n of Older Americans v. Spirito

92 F.R.D. 129 · District Court, D. Massachusetts · Nov 20, 1981

Although plaintiffs concede that it is not possible to determine which persons whose AFDC or SSI benefits were terminated due to excess income were still at an income level which qualified them for Medicaid, it is fair to … This aspect of the case is clearly appropriate for class certification under Rule 23(b)(2).

Huertas v. Astrue

844 F. Supp. 2d 197 · District Court, D. Massachusetts · Feb 21, 2012

SiVStand Option Plaintiff first argues that the above hypothetical did not sufficiently establish to the VE the frequency at which the potential employee must change position. … In addition, the claimant in Arocho was only qualified to perform sedentary work.

Bogan v. City of Boston

432 F. Supp. 2d 222 · District Court, D. Massachusetts · May 11, 2006

Section 1983 is a qualified civil rights statute under section 1988. Maine v. Thiboutot, 448 U.S. 1, 11 , 100 S.Ct. 2502 , 65 L.Ed.2d 555 (1980). … Plaintiffs clearly fall under the definition of prevailing parties as they received a jury verdict in their favor against the City and received damages of $30,000 (in total) for a section 1983 civil rights claim.

Tracia v. Liberty Life Assurance Co.

164 F. Supp. 3d 201 · District Court, D. Massachusetts · Feb 10, 2016

In order to qualify for LTD benefits, eligible' employees are required to provide Liberty with “Proof of continued ... Disability.” (DF ¶ 4). … There is clearly a myofas-cial component to his axial low back pain which may be addressed with [physical therapy], topical lidocaine, and potentially trigger point injections.

In re First Barnstable Corp.

108 B.R. 372 · District Court, D. Massachusetts · Nov 9, 1989

Dennis, Sr., a qualified real estate appraiser, described the resort property and gave an opinion of it’s value. … appraised value of $2,500,000 less costs of rehabilitation: 1) Municipal liens - $ 35,032.19 2) First mortgage - $2,062,793.30 3) Second mortgage - $ 950,000.00 (approx.) 4) Third mortgage - $1,500,000.00 $4,547,825.49 Clearly

Meijer, Inc. v. Ranbaxy Inc.

District Court, D. Massachusetts · Nov 27, 2019

; 2) plaintiffs cannot demonstrate proximate cause and 3) plaintiffs cannot establish a predicate offense under RICO. … Noerr-Pennington Immunity Ranbaxy contends that it is entitled to Noerr- Pennington immunity which immunizes government petitioning activity even

United States v. Edwards

19 F. Supp. 3d 366 · District Court, D. Massachusetts · May 16, 2014

The First Circuit in Janosko established a three-part test qualifying the meaning of “other expenses” under Section 3663A(b)(4). 642 F.3d at 42 . … This Court is “clearly without authority” to award fees and costs in a “wholly separate civil suit” from state court, and will not do so here. Barany, 884 F.2d at 1261 .

United States v. Martinez

102 F. Supp. 2d 39 · District Court, D. Massachusetts · Jun 21, 2000

Because the indictment establishes probable cause to believe that the defendants committed the crimes charged for purposes of a § 3142(e) detention hearing, see United States v. … The language of the re-buttable presumption and of subsection (g)(1) clearly evinces Congress’s intent to prevent a defendant in a narcotics case from fleeing.

McLaughlin Ex Rel. McLaughlin v. Boston School Committee

976 F. Supp. 53 · District Court, D. Massachusetts · Aug 29, 1997

assignment procedure for the three examination schools, established by Judge Garrity, will continue to be in effect.” … Abigail Thernstrom, both highly qualified. Prof.

Mullane v. Chambers

206 F. Supp. 2d 105 · District Court, D. Massachusetts · Jun 6, 2002

The limited evidence placed before the court at trial regarding the trust does not establish that the trust was the true owner of the vessel. … Stated more clearly, the mere fact that Dr.

Smith v. The Bronx

86 F. 808 · District Court, D. Massachusetts · Mar 23, 1898

The interlocutory decree of Judge NELteSON roust be taken to establish that the Hooper went ashore on Plum Island by the fatilt of the Bronx. … The opinion of the court in that case goes on to illustrate how, under some circumstances, as evidence is introduced, a presumption of fact, and with it the burden of introducing further evidence to qualify facts already

Clay v. Vose

599 F. Supp. 1505 · District Court, D. Massachusetts · Dec 31, 1984

Brady, the director of the Boston Police Hypnosis Investigation Unit, was found by the trial judge to be a qualified investigator in the field of forensic hypnosis. (App. 19). … Moreover, precedents establish that the exhaustion requirement is to be applied with a view to substance rather than form.

Jones v. Montachusetts Regional Transit Authority

District Court, D. Massachusetts · Mar 28, 2022

with qualified “Transportation Providers,” which are also referred to as “Vendors.” … The portal system assigns rides to the lowest cost qualified Vendor.

Albright v. Morton

321 F. Supp. 2d 130 · District Court, D. Massachusetts · May 28, 2004

First, I will compare it to statements falsely linking a plaintiff to racial, ethnic or religious groups, which plainly would not qualify as defamation per se today. … This actiori is not clearly stated in the complaint and plaintiffs do not address it in their opposition to defendants’ motion to dismiss.