Case law

Marks

District Court, D. Massachusetts · Feb 18, 2026

This Court need not resolve that dispute, however, as Marks fails to show that the arbitrator’s decision violates clearly established public policy. … Any violation of such a policy must then be “clearly shown.” Misco, 484 U.S. at 43.

Asantewaa v. Robert Wilkie

District Court, D. Massachusetts · Sep 22, 2021

Because administrative exhaustion is a condition of the waiver of sovereign immunity, it “must be strictly construed.” Farris v. … To establish a prima facie case of retaliation, plaintiff must show that 1) she engaged in protected conduct, 2) she suffered an adverse employment action and 3) that a causal nexus exists

Carr v. BG Retail, LLC

District Court, D. Massachusetts · Sep 4, 2025

Carr alleges that email addresses qualify as personal identification information. … That designation establishes the “unfair or deceptive act” element of a Chapter 93A claim, but it does not eliminate Chapter 93A’s separate requirement that the plaintiff suffers a distinct, identifiable injury caused by

Doe v. Brandeis University

177 F. Supp. 3d 561 · District Court, D. Massachusetts · Mar 31, 2016

“never clearly communicated that he wanted [John] to perform oral sex.” {Id. at 21). .. 3. … The existence of a relationship did not immunize John from the consequences of any improper behavior.

Logan Equipment Corp. v. Simon Aerials, Inc.

736 F. Supp. 1188 · District Court, D. Massachusetts · May 10, 1990

Even if SAI was “back-pedaling” on Logan’s order when this letter was written in June, a matter not clearly established by the later November memorandum, the letter does not contain any suggestion that SAI was proceeding … Normally the magistrate’s order can be overruled only if “clearly erroneous or contrary to law.” Fed.R.Civ.P. 72.

Okor v. Sega of America, Inc.

193 F. Supp. 2d 269 · District Court, D. Massachusetts · Mar 29, 2001

In addition, Nintendo contends that because Temporary RAM is a fixed size, it cannot qualify as a variable sized memory stack. … In Nintendo’s instruction manual these ports were clearly identified as producing alternative, not simultaneous, means of connecting to a single monitor.

LaFlash v. Town of Auburn

District Court, D. Massachusetts · Feb 15, 2022

Johnson’s opinion may be unjustified, unreasonable, and derogatory, but its basis clearly is disclosed. See Lyons, 612 N.E.2d at 1161. … immunity, nor the plaintiff’s response that additional discovery is needed to determine whether that is so.

Cahill v. O'Rourke

District Court, D. Massachusetts · Sep 27, 2019

The defendant contends that Cahill cannot establish that she was a qualified individual in 2015 because of the sworn statements in, and subsequent approval of, her FERS disability benefits application. … A plaintiff claiming failure to accommodate under the Rehabilitation Act must establish by a preponderance of the evidence that: (1) she was disabled within the meaning of the statute; (2) she was qualified to perform

Lu v. Hulme

133 F. Supp. 3d 312 · District Court, D. Massachusetts · Sep 22, 2015

The court then established a schedule for the submissions of any motions for summary judgment. On April 3, 2015, the defendants moved for summary judgment on both counts of Lu’s complaint. … They further argue that, even if the library violated Lu’s constitutional rights, defendant Hulme is protected from liability by qualified immunity. Lu opposes the motion for summary judgment.

Egenera, Inc. v. Cisco Systems, Inc.

District Court, D. Massachusetts · Dec 3, 2018

On the other hand, one does not qualify as a joint inventor by merely assisting the actual inventor after conception of the claimed invention. … “It is settled that in establishing conception a party must show possession of every feature recited in the count, and that every limitation of the count must have been known to the inventor at the time of the

United States v. Harty

476 F. Supp. 2d 17 · District Court, D. Massachusetts · Mar 7, 2007

She also told Harty that in her opinion he qualified as an armed career criminal. DISCUSSION A. … Under Biggers and Brathwaite , a defendant bears the initial burden of establishing by a preponderance of the evidence that an identification procedure was suggestive.

TalentBurst, Inc. v. Collabera, Inc.

507 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.

United States v. Patel

524 F. Supp. 2d 107 · District Court, D. Massachusetts · Nov 27, 2007

It is the position of this court that it is the Government’s burden to establish competency to stand trial, not the defendant’s burden to establish incompetency. … Patel was clearly not putting forth his best effort on cognitive testing. His self-presentation and pattern of psychometric responses was simply not credible.

Tyree v. Healey

District Court, D. Massachusetts · Jan 29, 2024

prisoner has raised claims that: (a) are legally frivolous or malicious; (b) fail to state a claim on which relief can be granted; or (c) seek monetary relief from a defendant who is immune … Plaintiff’s use of exhibits, including 4 the letter of intent, does not excuse plaintiff of his responsibility to clearly

Great Northern Insurance v. Paino Associates

364 F. Supp. 2d 7 · District Court, D. Massachusetts · Apr 13, 2005

“It is an established principle that a duty voluntarily assumed must be performed with due care.” Mullins v. … If this court were to hold that there was no liability in these circumstances, then the Massachusetts policy of providing an opportunity for rehabilitation of those with a criminal record would be expanded into an immunity

United States ex rel. D'Agostino v. EV3, Inc.

153 F. Supp. 3d 519 · District Court, D. Massachusetts · Dec 30, 2015

While the purported misrepresentation was clearly in the public domain, the facts from which the existence of a fraud might be inferred were drawn from D’Agostino’s experience as a senior sales manager for EV3. … Compl. ¶ 186 n.16, as with Onyx, he does not establish that any of those patients were in fact treated with Axium. 3.

Scottsdale Insurance Company v. United Rentals (North America), Inc.

District Court, D. Massachusetts · Mar 30, 2018

First, she pointed to alternative contractual provisions that clearly and expressly limit coverage to cases of vicarious liability. Id. … The Net Loss policy is also an excess policy (as clearly stated in its title, “Excess Commercial General Liability Policy”).

Clark v. Edison

881 F. Supp. 2d 192 · District Court, D. Massachusetts · Jul 25, 2012

That position is clearly incorrect; admissibility of expert testimony under Rule 702 must be assessed on a case-by-case basis. … Relevance of the Testimony Expert testimony on the topic of memory repression is clearly relevant to plaintiffs claim.

Kibbe v. Potter

196 F. Supp. 2d 48 · District Court, D. Massachusetts · Mar 21, 2002

Clearly, Plaintiffs did not bargain away their right to be free from sexual harassment in employment, see Alexander v. … Sovereign immunity serves to protect the federal government from unconsented suits that go to invading the public treasury and mandating governmental action ....

Cassidy v. Ryan

District Court, D. Massachusetts · Feb 5, 2019

established law. … None of these rulings, singularly or cumulatively, amount to a ruling contrary to clearly established federal law and Cassidy does not explain how it does.