Case law

In re Boston & Providence Railroad

28 B.R. 632 · District Court, D. Massachusetts · Mar 1, 1983

I.The Station Claim is based upon the Charge Trustee’s interpretation of a portion of the quasi ey pres concept established by the Honorable John P. … It, too, contained language establishing that its existence does not prejudice the Charge Trustee’s pre-Consummation Claims.

15,844 WELFARE RECIPIENTS v. King

474 F. Supp. 1374 · District Court, D. Massachusetts · Aug 23, 1979

Because at least the Fifth and Fourteenth Amendment claims are not patently without merit, plainly frivolous, or clearly foreclosed by prior decisions, we have pendent jurisdiction to decide the claims based on the Social … Contrary to defendants’ assertion, the Garrity doctrine is applicable even though in this case recipients are not forced to waive their privilege or waive future immunity. See, Gardner v.

Fulgiam v. Kenneway

District Court, D. Massachusetts · Mar 8, 2019

The fact there are no on-point Supreme Court cases that clearly establish ten-print cards as testimonial might be a sufficient answer to Mr. Fulgiam’s claim. … The absence of such Supreme Court cases on point implicitly speaks at a minimum to the absence of clearly established contrary Supreme Court rulings at the time the SJC decided Mr.

Heinrich Ex Rel. Heinrich v. Sweet

49 F. Supp. 2d 27 · District Court, D. Massachusetts · Apr 30, 1999

First, that the Bivens action should be dismissed either because MIT was not a federal actor or because it was entitled to qualified immunity. … Count IX—The Claim for Civil Responsibility for Crimes Against Humanity The Plaintiffs have not established a cause of action for civil responsibility for crimes against humanity.

Elizabeth Grady School of Esthetics and Massage Therapy v. Cardona

District Court, D. Massachusetts · Dec 7, 2023

First Circuit has held that anti-injunction language like the HEA’s protects the agency from interference with its internal workings by judicial orders attaching agency funds, etc., but does not provide blanket immunity … The party seeking the preliminary injunction bears the burden of establishing that these four factors weigh in its favor . . . .

Baron v. Smith

285 F. Supp. 2d 96 · District Court, D. Massachusetts · Sep 30, 2003

These statements about what Company’s management “expect[ed] to be able” to achieve in the bankruptcy were clearly “forward-looking statements,” identified as such in compliance with the’ PSLRA. … The pre-PSLRA case law established that scienter includes certain kinds of recklessness.

McGovern Physical Therapy Associates, LLC v. Metropolitan Property & Casualty Insurance

802 F. Supp. 2d 306 · District Court, D. Massachusetts · Jul 29, 2011

regard, McGovern alleges that Metropolitan’s use of Ingenix databases to conduct “fee audits” as a substitute for a physical examination of the patient and/or an individualized review of his or her medical records by a qualified … It is well established that the mere refusal to pay a bill because one disputes its amount does not give rise to Chapter 93A liability. See Commercial Union Ins. Co. v.

Deo-Agbasi v. Parthenon Group

229 F.R.D. 348 · District Court, D. Massachusetts · Aug 16, 2005

This clearly appears to be such a case. Plaintiffs submissions do not suggest any basis to invoke the doctrine of equitable tolling. … Fodor Contracting Corp., 843 F.2d 808, 811 (4th Cir.1988) (“[Wjhen the party is blameless, his attorney’s negligence qualifies as a ‘mistake’ or as ‘excusable neglect’ under Rule 60(b)(1).”); Smith v.

Slaven v. Russo

District Court, D. Massachusetts · Jul 31, 2020

However, there is support for neither of the alternative propositions to the theory of unreasonable application of clearly established Supreme Court precedent. … “The clearly established federal law governing ineffective assistance of counsel claims is the framework established by Strickland [v. Washington, 466 U.S. 688 (1984)].”

Life Skills, Inc. v. Harleysville Insurance Company

District Court, D. Massachusetts · Aug 13, 2024

Dies argued that the damage clearly met the Policy’s definition of “Collapse” and thus warranted coverage. [Id.] After reviewing Mr. … In insurance coverage disputes, the insured bears the initial burden of establishing coverage, then the burden shifts to the insurer to establish an exclusion from coverage. Utica Mut. Ins. Co. v.

Daynard v. Ness, Motley, Loadholt, Richardson & Poole, P.A.

178 F. Supp. 2d 9 · District Court, D. Massachusetts · Dec 3, 2001

Did the plaintiff work so closely with the defendant as to form a “joint venture” immune from the regulations on fee splitting? … On the other hand, although most lawyer codes on the subject require that a fee-splitting agreement be in writing (and the absence of a writing is a disciplinary violation), when the fact of such agreement is clearly established

Spacco v. Bridgewater School Department

722 F. Supp. 834 · District Court, D. Massachusetts · Aug 22, 1989

Primary Effect The fact that government conduct has a secular purpose, however, does not immunize it from scrutiny to determine whether it nevertheless has a constitutionally impermissible effect. … (“When prominently displayed on a public building that is clearly marked and known to be such, the cross dramatically conveys a message of governmental support for Christianity, whatever the intentions of those responsible

Strategic Energy, LLC v. Western Massachusetts Electric Co.

529 F. Supp. 2d 226 · District Court, D. Massachusetts · Jan 4, 2008

According to WMECO, the error it made qualifies as an “estimating error” for which section 9E protects it from liability. … Strategic clearly contends in its complaint that this was a failure in WMECO’s performance of “meter-reading and data transmission” (Compl. ¶ 44), not its estimation, and sufficiently supports that allegation with an email

Massachusetts v. Bull HN Information Systems, Inc.

16 F. Supp. 2d 90 · District Court, D. Massachusetts · Aug 7, 1998

If the Attorney General is barred from pursuing this action on standing grounds, the waivers would be functionally immunized from legal challenge. … Conclusion In sum, I find that the Commonwealth has alleged sufficient facts to establish parens patriae standing in this suit.

In Re Industrial Commercial Electrical, Inc.

304 B.R. 24 · District Court, D. Massachusetts · Jan 27, 2004

Rogers, was most helpful and clearly meets the test for “credible evidence.” … “If those allegations set forth all the necessary facts to establish a claim and are not self-contradictory, they prima facie establish the claim.

Bostwick v. 44 CHESTNUT STREET, WAKEFIELD, MASS

District Court, D. Massachusetts · Mar 27, 2019

“Dismissal under res judicata, however, can only occur where the facts that establish the defense are conclusive and definitively ascertainable from 1) the allegations of the complaint, 2) the documents (if any) … First, the requested relief of this Court exercising “supervisory jurisdiction” over the Superior Court would clearly interfere with the ongoing 2015 Action in the Superior Court. See [Compl. ¶¶ 131.7, 131.8].

Van Arnam v. General Services Administration

332 F. Supp. 2d 376 · District Court, D. Massachusetts · Aug 27, 2004

The party invoking the mootness doctrine (here, GSA) “bears a ‘heavy’ burden in attempting to establish its applicability.” Conservation Law Found, v. … "desktop publisher” in 1999 and "executive secretary” in 2000' — earned an income that, while well above poverty, was sufficiently modest that in the rather expensive Boston area, even as a single person, she could have qualified

In Re Ibis Technology Securities Litigation

422 F. Supp. 2d 294 · District Court, D. Massachusetts · Apr 12, 2006

This court concludes that the PSLRA immunizes the defendants from liability for each of these statements, and therefore, the statements are not actionable. 1. … However, under the safe harbor provisions, “recklessness” is not *311 sufficient to establish liability for forward-looking statements.

United States v. Tobins

483 F. Supp. 2d 68 · District Court, D. Massachusetts · Mar 2, 2007

Therefore, according to the Government, “leaving the summons and complaint at the defendant’s last known address in Massachusetts clearly would qualify as personal service. … In the instant case, the Government has established that it has acted diligently in attempting to effect service upon Mr. Tobins.

United States v. 59.88 Acres of Land, More or Less, Situated in Eastham

734 F. Supp. 555 · District Court, D. Massachusetts · Apr 4, 1990

Furthermore, in light of the fact that petitioners did nothing for six years, the illness and death of Attorney Henson does not qualify as a reason justifying relief from judgment for these petitioners. … Meservey clearly had notice of the proceedings and of final judgment because she appeared in the action on February 4, 1976, less than one year after entry of judgment.