Case law

United States v. President and Fellows of Harvard College

323 F. Supp. 2d 151 · District Court, D. Massachusetts · Jun 28, 2004

The Requests for Funds clearly qualify as requests for money or property. And the FCTRs and the FSRs are also claims. … The Principal Investigator handbook clearly establishes this obligation: The terms “principal investigator,” PI, and “project director” are used to designate that individual who shall have responsibility for seeing that a

New Life Baptist Church Academy v. Town of East Longmeadow

666 F. Supp. 293 · District Court, D. Massachusetts · Jul 27, 1987

In his view, a college degree, even if not in education, is essential for a person to be minimally qualified to begin teaching. … Thus, it is appropriate to rec *311 ognize clearly the interests intended to be protected by the First Amendment.

Alharbi v. Theblaze, Inc.

199 F. Supp. 3d 334 · District Court, D. Massachusetts · Aug 9, 2016

The defendants respond that the motion to compel is untimely, and that the sources’ identities are protected by a qualified privilege under the First Amendment. … 347 Procedure 37 “imposes no deadline for the filing of a motion to compel,” but argue that the plaintiff was aware of the need for such a motion from the early stages of the case, and that the Court’s scheduling order “clearly

Cellco Partnership v. Town of Grafton, Mass.

336 F. Supp. 2d 71 · District Court, D. Massachusetts · Sep 29, 2004

The moving party has the burden of establishing “the lack of a genuine, material factual issue.” Snow v. … Accordingly, I conclude that the coverage gap in Grafton Center qualifies as significant under the TCA.

Moses v. Burgin

316 F. Supp. 31 · District Court, D. Massachusetts · Aug 27, 1970

Would it be possible for the Fund *46 or a subsidiary to qualify for a discount in commission charges on exchange transactions? 3. Would it be possible for the Fund or a subsidiary to qualify for exchange membership ?” … In any event, a customer-directed give-up which was not used to establish a credit for a customer is no precedent for a customer-directed give-up which does establish such a credit.

Thrower v. Citizens Disability, LLC

District Court, D. Massachusetts · Aug 30, 2022

Joinder is clearly impractical.”). Here, given the nature of the nationwide marketing strategy alleged, common sense suggests that there may be thousands of class members. … The existence of those same common issues also helps establish typicality.

Cohesive Technologies, Inc. v. Waters Corp.

526 F. Supp. 2d 84 · District Court, D. Massachusetts · Aug 31, 2007

Guiochon clearly knew of the Pretorius reference; he identified it in his faxed letter to Schiller. … The opinion testimony of qualified experts. 15.

Monteiro v. The Children's Hospital Corporation

District Court, D. Massachusetts · May 12, 2025

The plaintiffs have established that preliminary class certification is warranted. First, “the class is so numerous that joinder of all members is impracticable,” Fed. R. Civ. … At a minimum, the “notice must clearly and concisely” describe to class members “(i) the nature of the action; (ii) the definition of the class certified; (iii) the class claims, issues, or defenses; (iv) that a class member

Bannon v. Godin

District Court, D. Massachusetts · Dec 8, 2020

b) did not have a firearm, (c) was severely injured and covered in blood, and (d) lying on the ground,” and thus that the purported inadequate training and supervision “amount[ed] to deliberate indifference to clearly … established constitutional rights of others, including Mr.

Williams v. Commonwealth of Massachusetts

District Court, D. Massachusetts · Mar 4, 2024

It is well-established that a state is not amenable to suit under 42 U.S.C. § 1983 because a state is not a “person” within the meaning of that statute. Will v. … Any amended complaint must clearly be titled “Amended Complaint.” The caption of the amended complaint must name all the defendants. See Fed. R. Civ. P. 10(a).

Smith v. Sheriff's Barnstable

District Court, D. Massachusetts · Jan 29, 2020

"specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition." … In order to secure injunctive relief, plaintiff must establish that he is likely to succeed on his claim. This he has not done.

Global NAPs, Inc. v. Verizon New England, Inc.

332 F. Supp. 2d 341 · District Court, D. Massachusetts · Aug 26, 2004

The court notes that the DTE did not assert any Eleventh Amendment immunity it might have had from this court directing it on how to apply state law. … (reaching conclusion that by participating in scheme established by the Act, state of Delaware had waived Eleventh Amendment immunity). 6 .

Basch v. Reliance Standard Life Insurance Company

District Court, D. Massachusetts · Oct 10, 2024

That burden clearly rests on the claimant.” Id. Beauvais is not binding on this court, nor is it easy to reconcile with Orndorf. … “The existence of a structural conflict, standing alone, is insufficient to establish a very good reason justifying … discovery ….” Germana, 2024 WL 3416026, at *6.

American Paper Recycling Corp. v. Ihc Corp.

775 F. Supp. 2d 322 · District Court, D. Massachusetts · Apr 7, 2011

Track, 989 F.2d at 545 , citing Neofotistos, 341 Mass. at 689 , 171 N.E.2d 865 . 8 Ivy clearly stated its reasons for selling its assets and ceasing to do business. … To establish a claim under Chapter 93A, APR must demonstrate an unfair or deceptive practice that falls “ ‘within at least the penumbra of some common-law, statutory, or other established concept of unfairness.’ ” Lambert

Federal Energy Regulatory Commission v. Silkman

177 F. Supp. 3d 683 · District Court, D. Massachusetts · Apr 11, 2016

Lincoln Compl. ¶¶ 27-28. 2 After the initial baseline consumption level is established, it is not left static. … Thus, FERC’s description of the DALRP rules represents only its conclusions on how a baseline should have been established.”

Com. of Mass. v. Mosbacher

785 F. Supp. 230 · District Court, D. Massachusetts · Mar 13, 1992

But evaluation of consonance with the Constitution is the kind of task which is clearly meant for judicial determination. Marbury v. … Congress has delegated to the Secretary of Commerce and the Bureau of the Census the authority to establish those rules.

Peterson v. The Lincoln National Life Insurance Company

District Court, D. Massachusetts · Apr 4, 2025

Second and third, it was established by an employer -- namely NDHCCI. … Therefore, it follows that an employee of a church-affiliated non-profit qualifies as an “employee of a church . . .”

Peterson v. The Lincoln National Life Insurance Company

District Court, D. Massachusetts · Mar 31, 2025

Second and third, it was established by an employer -- namely NDHCCI. … Therefore, it follows that an employee of a church-affiliated non-profit qualifies as an “employee of a church . . .”

Campbell v. Chadbourne

505 F. Supp. 2d 191 · District Court, D. Massachusetts · Jul 19, 2007

Where, as here, “Congress has not clearly required exhaustion, sound judicial discretion governs.” McCarthy v. … Campbell also has failed to establish that administrative review would be futile.

Hache v. AIG Claims, Inc.

District Court, D. Massachusetts · Aug 30, 2022

Moreover, none of the arguments convince the court that its earlier Order was clearly erroneous. … In short, AmWINS has not established a basis for this court to reconsider its earlier ruling. D.