Case law

Harlan Laboratories, Inc. v. Campbell

900 F. Supp. 2d 99 · District Court, D. Massachusetts · Oct 25, 2012

Campbell’s job responsibilities as a regional manager at Harlan included managing sales representatives, establishing sales budgets, tracking sales progress, and managing the Salesforce database that contained all of Harlan … Campbell makes no argument that the company’s confidential information and business good will do not qualify as legitimate protectible interests. b.

TalentBurst, Inc. v. Collabera, Inc.

567 F. Supp. 2d 261 · District Court, D. Massachusetts · Jul 25, 2008

(‘Where [plaintiff] has established that it had a non-competition agreement with [its former employee], and that the defendants ... solicited [the employee] to leave [the plaintiff] to accept employment with [the defendant … It is hard to see, however, how a desire to employ highly qualified individuals is an improper motive.

Johnson v. Boston Public Schools

District Court, D. Massachusetts · Mar 7, 2018

As such, to the extent that the rulings in that order established anytype oflaw of the caseor havepreclusive effect,thoserulings cannot be used to resolve the issues presented by the instant motion. … Chang argues that he is entitled to qualified immunity because he was not involved with the provision of services to Student and did not makeany discretionary decisions concerning Plaintiffs.

JAGEX LIMITED v. Impulse Software

750 F. Supp. 2d 228 · District Court, D. Massachusetts · Aug 16, 2010

At one end of the spectrum are situations in which a defendant clearly does business in a foreign jurisdiction by entering into contracts with residents of that jurisdiction or by knowingly and repeatedly transmitting electronic … The defendants respond that the Runescape server does not qualify as a “protected computer” under section 1030 because 1) the website is available to anyone who accesses the internet and 2) players can download the game client

Kumar v. BOARD OF TRUSTEES OF UNIVERSITY OF MASS.

566 F. Supp. 1299 · District Court, D. Massachusetts · Jul 1, 1983

s prima facie case in the context of a Title VII case involving the denial of tenure: (1) that the plaintiff is a member of a racial or national origin minority; (2) that the plaintiff was a candidate for tenure and was qualified … The Court of Appeals quoted with approval the district court’s explanation of the second element: [the plaintiff] need only show that he was sufficiently qualified to be among those persons from whom a selection, to some

United States Ex Rel. Averback v. Pastor Medical Associates P.C.

224 F. Supp. 2d 342 · District Court, D. Massachusetts · Sep 27, 2002

(2) to inform the Court of the prevailing rates in the community for similarly qualified attorneys. … Counsel, based on their performance here, clearly do not — a further indication of them apparent inexperience in bringing cases of this type.

Jamesbury Corporation v. Worcester Valve Company

318 F. Supp. 1 · District Court, D. Massachusetts · Oct 15, 1970

A complete conception is matter of fact and must be clearly established by proof. … (at 199-200) In this case Freeman virtually conceived patent ’666 while employed by Rockwood as its director of research. 7 It is necessary to qualify the court’s finding of fact by the adverb “virtually” because it is impossible

Ainooson v. O'Gara

District Court, D. Massachusetts · Sep 30, 2024

. § 1983, an aggrieved individual may sue persons who, acting under color of state law, abridge rights, immunities, or privileges created by the Constitution or laws of the United States.”).13 Ainooson … Turning to the Medical Defendants first, the facts as pled, even when viewed in the light most favorable to Ainooson, do not allow for the plausible inference that “the attention [he] received [was] ‘so clearly inadequate

Massachusetts Ass'n of Private Career Schools v. Healey

159 F. Supp. 3d 173 · District Court, D. Massachusetts · Jan 25, 2016

And, they may be displayed no more than 12 hours before the “qualifying event” and no more than 1 hour afterward. Id. (internal citations omitted). … The Supreme Court has clearly made a distinction between commercial speech and noncommercial speech ... and nothing in its recent opinions, including Reed , even comes close to suggesting that well-established distinction

Nickerson-Reti v. Bank of America, N.A.

District Court, D. Massachusetts · May 17, 2018

I do not qualify for the offer.” … Wigod clearly acknowledges that the bank’s signature on the TPP is what obligated it to follow through with a modification agreement.

United States v. Dimasi

810 F. Supp. 2d 347 · District Court, D. Massachusetts · Aug 30, 2011

The basic law concerning extortion under color of official right in violation of § 1951 is clearly established. See Evans v. United States, 504 U.S. 255, 268-69 , 112 S.Ct. 1881 , 119 L.Ed.2d 57 (1992); United States v. … The law relating to extortion under color of official right, which involves payments to a public official, is well-established.

Taylor v. Town of Freetown

479 F. Supp. 2d 227 · District Court, D. Massachusetts · Mar 29, 2007

There is certainly a disputed fact question as to whether Officer Ashley was qualified in light of his prior record of misconduct. The problem is that Plaintiffs protected speech was five years earlier. … The Massachusetts Supreme Judicial Court has emphasized that to establish tortious interference something more than intentional interference must be established. United Truck Leasing Corp. v.

Bennett v. SAINT-GOBAIN CORPORATION

453 F. Supp. 2d 314 · District Court, D. Massachusetts · Sep 29, 2006

She qualified her findings as subject to an examination of the original documents when they became available. 15 Wilk informed Mesher of these conclusions. … In addition, it is undisputed that after the filing of the grievance, Mesher signed a positive performance evaluation and approved a raise for Bennett, both of which are clearly inconsistent with the claim that he was motivated

StandWithUs Center for Legal Justice v. Massachusetts Institute of Technology

District Court, D. Massachusetts · Jul 30, 2024

To establish standing, plaintiffs must, “for each claim that they press and for each form of relief that they seek,” “establish each part of a familiar triad: injury, causation, and redressability.” … Plaintiffs look to § 1985(3), which prohibits conspiracies undertaken to deprive, “either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities

Buiaroski v. State Street Corporation

District Court, D. Massachusetts · Jul 23, 2024

The Plan is an employee welfare benefits plan under ERISA, 29 U.S.C. § 1002(1), established for the benefit of employees of State Street. Id. ¶¶ 3, 9. State Street is the Plan sponsor and the Plan administrator. … The Supreme Court has cautioned that while Section 514 preemption is “clearly expansive,” courts must nevertheless assume that ERISA does not supersede “‘the historic police powers of the States . . . unless that was the

Helming & Co. v. RTR Technologies, Inc.

76 F. Supp. 3d 363 · District Court, D. Massachusetts · Jan 6, 2015

Moreover, the underlying action “arose from” the relationship established by the Agreement between the parties, which included the indemnification provision. … H & C is clearly correct. To begin with, “an accord and satisfaction requires a voluntary, mutually assented to exchange of money for a release.” Malave v. Carney Hosp., 170 F.3d 217, 222 (1st Cir.1999).

Caldwell v. Dubois

999 F. Supp. 199 · District Court, D. Massachusetts · Mar 31, 1998

Similarly, regarding juror 4-5, the Appeals Court concluded that the Commonwealth *207 failed to establish a neutral basis for its challenge. Id. at 577 , 634 N.E.2d 124 . … Again, the record clearly supported the prosecutor’s rationale.

MacDonald v. Old Republic National Title Insurance

882 F. Supp. 2d 236 · District Court, D. Massachusetts · Jul 31, 2012

This is a “double-edged sword” for title insurers, as they can both immunize themselves from claims by carefully checking the title, but losses related to clouded title will be directly or indirectly caused by the insurer … Similarly, the harm here is clearly one that the legislature intended to prevent.

Composite Co. v. American International Group, Inc.

988 F. Supp. 2d 61 · District Court, D. Massachusetts · Sep 16, 2013

See Dolan, 630 F.Supp. at 308 (“Breach of contract claims clearly do not lie within the expertise of the Commissioner of Insurance.”); see also Liability Investigative Fund Effort v. … Despite plaintiffs contentions, that language clearly confines the use of the manuals to the computation of rates for the 2005-2006 policy.

Niemic v. UMass Correrctional Health

89 F. Supp. 3d 193 · District Court, D. Massachusetts · Mar 2, 2015

Furthermore, in order to qualify as a constitutional violation, the medical care provided must have been “so inadequate as to shock the conscience.” Feeney, 464 F.3d at 162 (quoting Torraco v. … As mentioned above, this Court declines to second-guess nurse practitioner Schnabel’s medical judgment without sufficient evidence that Niemic’s medical treatment was “so clearly inadequate as to amount to a refusal to provide