Case law

Gulluni v. United States Attorney for the District of Massachusetts

District Court, D. Massachusetts · Sep 6, 2022

Ragen, 340 U.S. 462, 468 (1951) (upholding authority of executive agencies to promulgate regulations establishing conditions for disclosure of information). … Courts have long recognized a qualified privilege for certain kinds of information related to the activities of law enforcement. See Roviaro v.

United States ex rel. Witkin v. Medtronic, Inc.

189 F. Supp. 3d 259 · District Court, D. Massachusetts · May 23, 2016

Other than JW, the other examples provided are each clearly insufficient. … Witkin coached a patient he calls “G.D.” to carbohydrate fast, after which his C-peptides dropped to levels qualifying him for coverage. Sec. Am. Compl. ¶ 549.

LaVallee v. Town of Dedham

District Court, D. Massachusetts · Jun 7, 2024

immunity raised by the Individual Defendants as a defense to Count I. … Nov. 9, 2020) (addressing defendants’ qualified immunity defenses was unnecessary where plaintiff failed to satisfy all three prongs of First Amendment retaliation claim’s three-part inquiry); see also McGunigle v.

Stegall v. Ladner

394 F. Supp. 2d 358 · District Court, D. Massachusetts · Oct 14, 2005

That is clearly not sufficient. … Although Judge Friendly is quite clear that the addition of § 36(b) did not abolish previously recognized implied rights under the ICA, he qualified that finding with the language "other than § 36.”

Karila v. EF Education First International, Ltd.

District Court, D. Massachusetts · Mar 3, 2022

Accordingly, EF International does not qualify as a “foreign air carrier” under 49 U.S.C. § 40102(a)(21). … Both cases involve provisions that clearly “relate to” the price or service provided by a direct or indirect air carrier and neither involves a claim, as in the present case, unrelated to price, route or service, nonetheless

Resolution Trust Corp. v. Gladstone

895 F. Supp. 356 · District Court, D. Massachusetts · Jul 18, 1995

Clearly, these documents come within the purview of Fed.R.Evid. 803(6), 21 since the supporting affidavits point out that they were kept in the course of Home Federal’s regular business activity. … knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, ... all as shown by the testimony of the custodian or other qualified

Noone v. Carpenter

District Court, D. Massachusetts · May 9, 2022

acting “under color of any statute, ordinance, regulation, custom, or usage of any State or Territory or the District of Columbia” who subjects or causes to subject someone “to the deprivation of any rights, privileges, or immunities … Even if this vague reference were sufficient to establish that Noone is a qualified individual with a disability, Noone has failed to provide facts demonstrating that he did not receive adequate medical care based on

Barry v. The Trustees of Emmanuel College

District Court, D. Massachusetts · Feb 8, 2019

To establish a prima facie case of discrimination in connection with tenure, a plaintiff must show that: 1) she is a member of a protected class; 2) she was qualified for tenure; 3) she suffered an adverse employment action … Barry was qualified for tenure. Supra Section III(C)(3). Therefore, Prof. Barry has established a prima facie case of race and national origin discrimination.

Akar ex rel. Akar v. Federal National Mortgage Ass'n

845 F. Supp. 2d 381 · District Court, D. Massachusetts · Feb 8, 2012

Allegedly, Wells Fargo also informed her that she did not qualify for any government assistance programs for the same reason. (Id.). … Therefore, this court recommends that Wells Fargo’s motion for judgment on the pleadings be allowed with respect to Count I. 8 “ ‘TILA requires creditors to disclose, clearly and accurately, all the material terms of consumer

Hall v. FMR Corp.

667 F. Supp. 2d 185 · District Court, D. Massachusetts · Oct 30, 2009

She has clearly demonstrated two of OSGs “ASAP” cornerstones: Accuracy and Passion for Service. Her accuracy has been outstanding and she clearly cares about our Clients. Goulding Aff. at ¶ 119. … Discrimination under Section 1981 To establish a prima facie case of disparate treatment based on race, a plaintiff must show that: (1) she is a member of a protected class; (2) she was qualified for her position; (3) her

Bah v. Apple, Inc.

District Court, D. Massachusetts · Sep 27, 2021

Rater, 939 F.3d 385, 393 (1st Cir. 2019), which immunizes a defendant from liability unless he or she acted with malice or reckless disregard of the truth, see Tosti v. … something more than mere negligence; it requires that the author of the statement “in fact entertained serious doubts as to the truth of his 5 SIS’s statement that this privilege is absolute rather than qualified

New York State Dairy Foods, Inc. v. Northeast Dairy Compact Commission

26 F. Supp. 2d 249 · District Court, D. Massachusetts · Nov 2, 1998

marketing order that imposes financial obligations upon partially regulated plants for the sale within the regulated area of out-of-region milk constitutes a compensatory payment and that the Compact pooling scheme thus qualifies … HEP-97-001, - 002, -004 & -005, at 15 (“The third and fourth sentences of the condition clearly must be read together.

City of Chicopee v. Sullivan

379 F. Supp. 569 · District Court, D. Massachusetts · Jul 19, 1974

The Court, however, repeatedly informed the parties that actual figures were needed to insure the Court’s decision would be clearly reasoned, fully informed, and based upon fact rather than upon an abstract, and perhaps hypothetical … receipts were not required to be deducted from the ‘total amount expended’ by each of the plaintiffs in a given fiscal year, each plaintiff would have substantially greater ‘reimbursable expenditures’ and consequently would qualify

Arivella v. Lucent Technologies, Inc.

623 F. Supp. 2d 164 · District Court, D. Massachusetts · Jun 8, 2009

A motion under Rule 12(b)(6) is an appropriate mechanism for raising a statute of limitations defense, “provided that the facts establishing the defense [are] clear on the face of the plaintiffs pleadings.” … Because the plaintiffs in this case qualify for American Pipe tolling, this Court does not have the discretion to otherwise limit the period of time in which they are permitted to file suit.

George v. Stonebridge Mortgage Co.

988 F. Supp. 2d 142 · District Court, D. Massachusetts · Nov 19, 2013

Even assuming the $6,659.25 would count towards a calculation of fees, it would still not qualify the Taunton Property mortgage as a high-cost home mortgage loan. . … No cases appear to have addressed the issue of whether that provision of the statute establishes an indefinite limitations period with respect to an action to enjoin a foreclosure. See Martins v. U.S.

Lamorak Insurance Company v. Certain London Market Company Reinsurers

District Court, D. Massachusetts · Oct 13, 2020

Lamorak, seeking to protect the documents, bears the burden of establishing that they are privileged. Maine v. U.S. DOI, 298 F.3d 60, 71 (1st Cir. 2002). … The court continued: “[M]aterials assembled in the ordinary course of business . . . or for other nonlitigation purposes are not under the qualified immunity provided by this subdivision.” Id. at 30 (quoting Fed. R.

Abdelrasoul v. Trustees of Boston University

District Court, D. Massachusetts · May 10, 2024

Even if plaintiff could establish that he has a qualifying handicap because his mental impairment “substantially limits one or more of [his] major life activities,” 42 U.S.C. § 3602(h) ( … MercExchange, L.L.C., 547 U.S. 388 (2006), which emphasized that courts should not presume irreparable harm unless Congress clearly indicates that a departure from the “long tradition

United States v. Mahoney

53 F. Supp. 3d 401 · District Court, D. Massachusetts · Oct 14, 2014

And I don’t know if he’s violent because I can’t see, but he’s clearly angry and out of control.” Id. at 17:11-13. IV. DISCUSSION A. … Channell testified that he was not qualified to recommend a particular medication because he is not a psychiatrist, he did note that Mr.

Chevron Corp. v. Shefftz

754 F. Supp. 2d 254 · District Court, D. Massachusetts · Dec 7, 2010

First, Respondent’s argument that the UNCI-TRAL Arbitration is not a “foreign tribunal” because it is established by a private body and only governed by international rules is a view that has been eschewed by the majority … Champ has been clearly waived inasmuch as it has been clearly shown that Mr.

Wade v. Brady

612 F. Supp. 2d 90 · District Court, D. Massachusetts · Apr 30, 2009

test result would have no impact on the earlier verdict, plaintiff would not have a right to testing,” but I also recognized that “where an exclusionary test result would automatically exonerate a prisoner, the right is clearly … To qualify for testing under the Act, a prisoner must show that he never previously waived his right to request DNA testing of the sought-after evidence, identify a theory of defense that is not inconsistent with any affirmative