Case law

Evans v. Staples, Inc.

District Court, D. Massachusetts · Apr 22, 2019

Service of Process Service here was clearly untimely.2 Accordingly, I must determine whether there is good cause. … To establish a prima facie case of disparate treatment discrimination, a plaintiff must show: (1) she is a member of a protected class; (2) she was qualified for her position; (3) her employer took an adverse employment

Morin v. Commonwealth of Massachusetts

District Court, D. Massachusetts · Apr 22, 2020

Arguably, because Massachusetts 6 Although the petition does not clearly state that Morin seeks review of his probation sentence, the Court will construe it as doing so. … the motions qualify and that each motion applies to both sentences.8 Even with the benefit of those assumptions, the limitations period has clearly expired

Abernathy v. Dewey

District Court, D. Massachusetts · Jul 31, 2019

She is therefore immune from suit as to Abernathy’s claim for NIED under the MTCA. Accordingly, Anderson is entitled to summary judgment as to Count Twelve. C. … According to the case law, bruises, abrasions, and cuts not requiring stitches are not sufficient to qualify as “serious.” Accordingly, the Court will grant summary judgment in favor of nurse Anderson. IV.

United States v. Rose

914 F. Supp. 2d 15 · District Court, D. Massachusetts · Sep 14, 2012

In August 2010, the United States Court of Appeals for the District of Columbia Circuit (“the DC Circuit”) challenged the consensus by ruling that the use of GPS tracking for 28 days qualified as a Fourth Amendment search … Such a bright-line rule would also be unworkable in practice: Suppose an officer’s conduct is consistent with the language of a Fourth Amendment rule that a court of appeals announced in a case with clearly distinguishable

Alliance to Protect Nantucket Sound, Inc. v. United States Department of the Army

288 F. Supp. 2d 64 · District Court, D. Massachusetts · Sep 18, 2003

the quality of the human environment.” 38 The EIS should provide a detailed discussion of, among other things, “the environmental impact of the proposed *70 action” and “alternatives to the proposed action.” 39 NEPA also established … congressional intent, may "examine ... legislative history, not as a substitute for examination of [the statute’s] text, but only as a check to see that [the court's] initial textual interpretation does not conflict with 'a clearly

In Re Lernout & Hauspie Securities Litigation

230 F. Supp. 2d 152 · District Court, D. Massachusetts · Aug 19, 2002

On May 8, McLamb sent Van Aerde a memo noting several respects in which L & H had failed to establish and follow formal written accounting procedures. (¶ 294). … from being held liable for misstatements of their agents since "[a] corporation can only act through its employees and agents .... an allegation that a particular agent may have doctored or conveyed the report will not immunize

Mary Sargent v. Sun Life Assurance Company of Canada

District Court, D. Massachusetts · May 29, 2026

continuity any Gainful Occupation for which [she is] or could become reasonably qualified for by education, training and experience”). … But because the SSA determination was made prior September 2022—the date for which Sargent needed to established eligibility under the Plan—and thus without the benefit of evidence from 2021 onward, the Court need not resolve

Thrivent Financial for Lutherans v. Strojny

882 F. Supp. 2d 260 · District Court, D. Massachusetts · Aug 9, 2012

The letter clearly stated in the subject line that all of Monroe’s policies were affected and even provided partially completed forms to help him properly effect the change of beneficiary that he had intended. 62 The letter … Defendants’ claim, therefore, has not met the elements required to establish estoppel. V. Violation of M. G.L. ch. 93A Mass. Gen.

Howe v. Massachusetts Department of Correction

District Court, D. Massachusetts · Jul 25, 2024

To qualify as a bona fide religious practice, a plaintiff must show “both that the belief or practice is religious and that it is sincerely held.” Id. at 56 (internal quotations and citations omitted). … preexisting health conditions, such as Hepatitis C from previous drug use.6 Reliable 5 See, e.g., CDC, USE OF PFIZER-BIONTECH COVID-19 VACCINE IN PERSONS AGED ≥16 YEARS: RECOMMENDATIONS OF THE ADVISORY COMMITTEE ON IMMUNIZATION

Green v. Cosby

138 F. Supp. 3d 114 · District Court, D. Massachusetts · Oct 9, 2015

The two legal theories for establishing fault in this case are; respondeat superior liability and direct liability. … cause of action would, ipso facto, establish defeasance of qualified privilege.”

McLaughlin Transportation Systems, Inc. v. Rubinstein

390 F. Supp. 2d 50 · District Court, D. Massachusetts · Jun 28, 2005

Documents attached to the complaint, as well as an admission, establish that the $100,000 was, at most, an estimate and, at worst, a figure simply inserted because it was the maximum allowable amount under a guarantee policy … Rubinstein further asserts that, while she made reasonable attempts to find an appraiser, several months passed before she was able to find a qualified individual.

Safe Haven Sober Houses, LLC v. City of Boston

517 F. Supp. 2d 557 · District Court, D. Massachusetts · Oct 2, 2007

homes was the real impetus behind ISD’s regulatory and criminal enforcement actions. 12 Plaintiffs also argue that because recovering alcoholics and drug addicts are considered “disabled,” residents of the Safe Haven houses qualify … No Threat of Irreparable Injury “Both Great and Immediate” Even outside the three established Younger exceptions, Plaintiffs fail to establish other exceptional circumstances creating a threat of irreparable injury “both

Fitzgerald v. CBS Broadcasting, Inc.

491 F. Supp. 2d 177 · District Court, D. Massachusetts · Jun 22, 2007

That is enough to establish CBS’s use as “news reporting” for fair use purposes. 2. … Establishment v. Columbia Broadcasting Sys., Inc., 503 F.Supp. 1137, 1144 (S.D.N.Y.1980).

In re Asacol Antitrust Litigation

233 F. Supp. 3d 247 · District Court, D. Massachusetts · Feb 10, 2017

Because- Zydus was the first Paragraph IV filer for Asacol HD, it qualified for the 180-day marketing exclusivity period under the Hatch-Waxman framework. … Cir. 1999) (same), with Asacol, 2016 WL 4083333 , at *11 (denying dismissal as to the citizen petition claims because while that conduct was immune from antitrust liability, it could still serve to illustrate the context

WHDH-TV v. Comcast Corp.

186 F. Supp. 3d 107 · District Court, D. Massachusetts · May 16, 2016

While one company’s unilateral refusal to do business with another desirous of a relationship is not absolutely immune from antitrust scrutiny, courts have “been very cautious in recognizing ,[ ] exceptions, because of the … The vertical relationship between a network and its affiliate stations is no more clearly illustrated than by the court’s recollection that WHDH was a CBS station prior to its becoming an NBC affiliate in 1995. .

Aaron v. City of Lowell

District Court, D. Massachusetts · Jul 26, 2022

The actions of individual law enforcement officers are insufficient to establish the existence of an official policy. See Welch v. … First, Plaintiff has not adequately pled the requisite pattern of conduct required to establish a custom.

In Re Pharmaceutical Ind. Average Wholesale Price Litigation

321 F. Supp. 2d 187 · District Court, D. Massachusetts · Jun 10, 2004

The Supreme Court has established three primary lines of doctrine on the question of the presumption against preemption. … `Plan' means the state plan for Medicaid established pursuant to NRS 422.271." Nev.Rev.Stat. Ann. § 422.480 (West 2003).

Nelson v. Hull

District Court, D. Massachusetts · Mar 17, 2021

L. c. 258, § 10, the Court concludes Nelson’s negligence claims fail as Town and individual Town employees are immune from suit. 2. … P. 8, qualified immunity and inadequate service. D. 7 at 3-4, 17-18, 28.

Doelger v. JPMorgan Chase Bank, N.A.

District Court, D. Massachusetts · Jun 2, 2022

Plaintiffs ask the Court to construe JPMC’s interpretation of the clauses that form the basis of its counterclaims as a declaration that it is immune from suit, contrary to all public policy. … In sum, although JPMC’s counterclaims are clearly the result of Plaintiffs’ petitioning activity, there is sufficient evidence to conclude that each claim is colorable and not retaliatory.

Dickerson v. Latessa

688 F. Supp. 797 · District Court, D. Massachusetts · May 31, 1988

Indeed, it appears that only those issues which could not possibly have been raised at the time of the first, plenary appeal qualify as “new” under Mass.Gen.Laws ch. 278, sec. 33E. See supra note 1. … Noting that “[d]is-position by dismissal of pending appeals of escaped prisoners is a longstanding and established principle of American law,” id. at 537, 95 S.Ct. at 1175 (citation omitted), the Supreme Court ruled that