Case law

Orton v. Parametric Technology Corp.

344 F. Supp. 2d 290 · District Court, D. Massachusetts · Nov 3, 2004

Although we are not immune to the rveakening economy in the near-term, we feel confident that the combination of our motivated workforce, solid infrastructure and total commitment to product development which is intended … That the five statements at issue here qualify as “forward-looking statements” does not appear to be in dispute. 2 See Pis. Opp’n at 20.

Joseph M. v. Becker College

District Court, D. Massachusetts · Mar 31, 2021

In the context of a student excluded from an educational program, to prove a violation of either the ADA or Rehabilitation Act, the plaintiff must establish that: (1) he is disabled, (2) he is otherwise qualified to participate … Joseph has the burden to establish he is qualified.

Aspex Eyewear, Inc. v. Altair Eyewear, Inc.

818 F. Supp. 2d 348 · District Court, D. Massachusetts · Oct 12, 2011

“When the party asserting invalidity relies on references that were considered during examination or reexamination, that party ‘bears the added burden of overcoming the deference that is due to a qualified government agency … Again, the motivation to simply move the magnets to the projection and.bridge are clearly established in Stemme, Miki, and Chao '207, and thus claim 1 is also obvious in view over Zen in view of Chao '207, Miki, or Stemme

Solmetex, LLC v. Dentalez, Inc.

150 F. Supp. 3d 100 · District Court, D. Massachusetts · Dec 10, 2015

However, Plaintiffs motion clearly alleges that Defendants are infringing on both the design and word marks. … Merit Protection “[I]n order to be eligible for trademark protection, a mark must qualify as distinctive.” Borinquen Biscuit Corp., 443 F.3d at 116 .

Gillette Co. v. Norelco Consumer Products Co.

69 F. Supp. 2d 246 · District Court, D. Massachusetts · Oct 6, 1999

Again, the commercial ends with an image of the Reflex Action accompanied by the visual tag line and qualifier. … It therefore has not established the meaning consumers extract from the commercials.

United Paperworkers International Union v. Alden Corrugated Container Corp.

901 F. Supp. 426 · District Court, D. Massachusetts · Sep 6, 1995

The record quite clearly demonstrates that the six corporate defendants in *438 these cases share common and intertwined ownership. … It is equally true, however, that Alden Holdings established a fine of credit for the use and benefit of Alden and Bates.

Hagenah v. Berkshire County ARC, Inc.

District Court, D. Massachusetts · Feb 15, 2018

Plaintiff established good cause for filing the motion to amend three days beyond the date set by the scheduling order. … The law of this circuit "'clearly establishes that Rule 16(b)'s "good cause" standard, rather than Rule 15(a)'s "freely give[n]" standard, governs motions to amend filed after scheduling order deadlines'" have passed.

Tavares v. Barnstable County Commissioners

District Court, D. Massachusetts · Mar 5, 2018

“It is well-established that ‘only those individuals who participated in the conduct that deprived the plaintiff of his rights can be held liable.’” Velez-Rivera v. … To qualify for appointment of counsel, a party must be indigent and exceptional circumstances must exist such that the denial of counsel will result in fundamental unfairness impinging on the party’s due process rights

Cook v. Rumsfeld

429 F. Supp. 2d 385 · District Court, D. Massachusetts · Apr 24, 2006

This clearly is rationally related to the State’s objective. ... … I note that a bill has been introduced in the House of Representatives that would repeal § 654, establish a policy of non-discrimination based on sexual orientation, and require re-accession of otherwise qualified former

Finnegan v. Massachusetts College of Pharmacy and Health Sciences

District Court, D. Massachusetts · Nov 13, 2024

MCHPS contends that Finnegan cannot establish an ADA or Section 504 claim because (1) he was not a qualified individual within the meaning of the ADA and he was not dismissed solely for being disabled as required under … If a contract is established, the Court reviews the breach of contract claim by “examining the terms of the contract established between the college and the student and ask[ing] whether the reasonable expectations of the

Suzuki v. Abiomed, Inc.

253 F. Supp. 3d 342 · District Court, D. Massachusetts · May 19, 2017

require that you continue to be employed by the Company on the date that any of these milestones are achieved ...” and that “[o]nce approval is gained for Impelía General Use in Japan and provided that you remain and are qualified … Massachusetts caselaw requires, however, that the commissions to which an at-will employee claims entitlement be clearly related to the employee’s past service.” Id. at 908 .

AVX Corp. v. Cabot Corp.

600 F. Supp. 2d 286 · District Court, D. Massachusetts · Mar 5, 2009

The ineluctable conclusion from the clear law is that because the buyer’s state of mind is irrelevant, a plaintiff need not establish *291 coercion to succeed with its per se tying claim. … It is almost completely immune from chemical attack at temperatures below 150°C, and is permeable only by hydrofluoric acid, acidic solutions containing the fluoride ion, and free sulphur trioxide.

Deutsche Bank National Trust v. Moynihan

270 F. Supp. 3d 497 · District Court, D. Massachusetts · Sep 19, 2017

DBNTC asserts that its business rec-. ords satisfy the exception because the affidavits are not conclusory, clearly state how the business records were made, and aré trustworthy. (Docket Entry # 76, pp. 4-9). … Furthermore, “As for the requirement that the record-keeping process be attested to by a qualified witness, it is well established that the witness need not be the person who actually prepared the record.”

Disability Law Center, Inc. v. Riel

130 F. Supp. 2d 294 · District Court, D. Massachusetts · Feb 5, 2001

Miller, 849 F.Supp. 1202, 1208 (W.D.Mich.1994) (holding that the Act does not require parental consent to access records and that the Act “clearly mandate[s] that [P & A organizations] have the authority to access ... records … In stark contrast, prior to the 1990 Amendments to the Act, a guardian's ability to block a P & A’s access to records was unbridled, because the statutory provision regarding access to records contained no qualifying language

Furlong v. Donarumo (In Re Furlong)

450 B.R. 263 · District Court, D. Massachusetts · Apr 1, 2011

It is well-established that “abandonment presupposes knowledge.” Guaranty Residential Lending, Inc. v. Homestead Mortg. … Clearly, the Code does not require detail of this degree. Id. at *4 . Donarumo, however, points to two other cases that found debtors’ scheduling to be inadequate. In Tennyson v.

Andrade v. Vidal

District Court, D. Massachusetts · Mar 4, 2019

The Magistrate Judge then found that the Massachusetts Supreme Judicial Court’s (“SJC”) conclusion rejecting Andrade’s contention was not contrary to or an unreasonable application of clearly established federal law, and … established federal law, nor did it result in a decision that was based on an unreasonable determination of the facts.

Alicea v. Suffield Poultry, Inc.

711 F. Supp. 48 · District Court, D. Massachusetts · Apr 17, 1989

The only person qualified to interpret this Agreement on behalf of the Union shall be the Business Agent of the Union. ARTICLE 8 — WORK INTERRUPTION —STRIKES AND LOCKOUTS, ETC.: Section 1. … Sipes, in essence, created two exceptions to the exhaustion requirement established in Republic Steel [Corp. v.

Doyle v. Shubs

717 F. Supp. 946 · District Court, D. Massachusetts · Jul 12, 1989

Doyle's condition and the performance of the 1980 hysterectomy were clearly sufficient to put a “reasonably prudent person” in her position on notice of that connection. Moreover, Ms. … Whether this course of conduct by counsel comes within the “degree of care and skill of the average qualified practitioner” in Massachusetts, Fishman v. Brooks, 396 Mass. 643, 646 , 487 N.E.2d 1377 (1986); Pongonis v.

Confederate Motors, Inc. v. Terny

859 F. Supp. 2d 181 · District Court, D. Massachusetts · Apr 19, 2012

A fair reading of the Complaint establishes that it is based in large part on actions which Terny took in his role as a director. … Thus, there is clearly a nexus between Terny’s role as a director and the claims raised by Confederate in Counts I, II, TV and VII of the Complaint.

Schwan's Sales Enterprises, Inc. v. Commerce Bank & Trust Co.

397 F. Supp. 2d 189 · District Court, D. Massachusetts · Sep 20, 2005

The Borrowing Base was defined as 80% of the unpaid amount of “Qualified Accounts,” as defined in the Agreement, plus 60% of “Qualified Prebilled Accounts,” as defined in the Agreement. … This was clearly related to the bank’s legitimate corporate interest. See Shea, 425 Mass. at 764 , 682 N.E.2d 1348 . Plaintiff therefore cannot establish the fourth element of the tortious interference claim.