Case law

Xerox Financial Services Life Insurance v. Sterman (In Re Sterman)

244 B.R. 499 · District Court, D. Massachusetts · Nov 9, 1999

About a month later, the plaintiffs filed a motion in this action seeking to establish an equitable interest in the Sterman residence and to reach the asset and apply it to reduce the debt. … The sale of the Mayflower Group stock falls outside the relevant statutory period and by itself does not qualify as a basis for denial of a discharge.

Daniels v. Wal-Mart Associates, Inc.

District Court, D. Massachusetts · Feb 18, 2021

Daniels also endured “neuropathy in her extremities, hot flashes, eating difficulties, lowered immune system defenses[,] . . . headaches,” and joint aches. Id. … App’x 330, 338 (6th Cir. 2009) (no retaliation claim where there was no FMLA qualifying reason for taking the time off).

Henriquez v. Astrue

482 F. Supp. 2d 50 · District Court, D. Massachusetts · Mar 30, 2007

Such evidence is “clearly inconsistent” with Plaintiffs allegation of complete disability. See Barrett v. … Third, and more to the point, the ALJ here followed the well-established rules and regulations regarding trial work in reaching his decision. See Nash v.

Monahan v. Winn

276 F. Supp. 2d 196 · District Court, D. Massachusetts · Aug 12, 2003

The statute in fact burdens the BOP with a duty (albeit a “qualified” one). Prows v. Federal Bureau of Prisons, 981 F.2d 466, 469 (10th Cir.1992); Howard, 248 F.Supp.2d at 544 ; Ferguson v. … Id. at 509 , 115 S.Ct. 1597 (“[S]ueh conjectural effects are insufficient under any threshold we might establish under the Ex Post Facto Clause.”).

Charlton Memorial Hospital v. Sullivan

816 F. Supp. 50 · District Court, D. Massachusetts · Mar 9, 1993

Plaintiffs brought this action to challenge the payment rates established by the Secretary of Health and Human Services (“Secretary”) under Medicare’s Prospective Payment System (“PPS”). … either an appropriate means or the sole means for determining that there are no genuine disputes of fact that must be resolved by trial, or (iv) that “[findings of fact” made by a trial court “shall not be set aside unless clearly

Gilday v. Callahan

866 F. Supp. 611 · District Court, D. Massachusetts · Mar 23, 1994

In these days of swift, widespread and diverse methods of communication, an important case can be expected to arouse the interest of the public in the vicinity, and scarcely any of those best qualified to serve as jurors … In other words, the court’s comment that the prosecutor had a Giglio duty under the circumstances meant only that the prosecution’s structuring of the arrangement of leniency would not, by itself, immunize the prosecution

United States v. Cannons Engineering Corp.

720 F. Supp. 1027 · District Court, D. Massachusetts · Aug 14, 1989

. § 9622 (g), establishes special terms on which the United States may settle with de minimis PRPs. … In return, the United States, Massachusetts, and New Hampshire have provided a covenant not to sue these parties, qualified by specific re-opener provisions. Id. § 26.

Robinson v. United States

District Court, D. Massachusetts · Jul 6, 2023

Conversely, “[t]o defeat a properly supported motion for summary judgment, the nonmoving party must establish a trial-worthy issue by presenting enough competent evidence to enable a finding favorable to the nonmoving … immunity on these facts prior to discovery, and to move for summary judgment based on the failure to identify the agents or to parse the misconduct among the defendants prior to any discovery taking place is unseemly

Donovan v. Philip Morris USA, Inc.

268 F.R.D. 1 · District Court, D. Massachusetts · Jun 24, 2010

Joinder is clearly impractical. 2. Commonality Commonality requires only that the plaintiffs show that “there are questions of law or fact common to the class.” Fed. R.Civ.P. 23(a)(2). … Plaintiffs counsel is qualified and experienced. The adequacy prong has been met. D. 23(b) Requirements The critical contested issue in this case involves Rule 23(b).

Speakman v. Allmerica Financial Life Ins. & Annuity Co.

367 F. Supp. 2d 122 · District Court, D. Massachusetts · Apr 21, 2005

Inherent in such claims is “an element of either bad faith and improper motive or a breach of fair dealing ...” that clearly falls within “ ‘established common law ... concepts] of unfairness.’ ” Trent Partners, 120 F.Supp … AFLIAC life insurance policies and annuity contracts and (ii) at least $25,000 in net FYC received during a production year must be attributable to sales of qualifiable AFLIAC life insurance policies.

Gaines v. Boston Herald, Inc.

998 F. Supp. 91 · District Court, D. Massachusetts · Mar 30, 1998

A plaintiff establishes a prima facie case of disparate treatment in hiring by demonstrating that: ■ he is a member of a protected class; that he applied and was qualified for a position for which the employer was seeking … The undisputed facts in this case establish the basic elements of a prima facie case of disparate treatment: plaintiffs are members of a protected class and were qualified for the paperhandler positions at issue, positions

Folan

District Court, D. Massachusetts · Nov 7, 2025

On February 10 and March 6, 2025, Folan sent Santander “Qualified Written Requests” concerning the RISC. … TILA “requires creditors to disclose clearly and accurately all the material terms of a credit transaction,” Palmer v.

O'Sullivan v. Strategus RG, Inc.

District Court, D. Massachusetts · Sep 25, 2024

[a plaintiff] must ‘establish a prima facie case by showing that (1) she is ‘a member of a protected class’; (2) she is ‘qualified’ for the job [from which she claims she was constructively discharged]; (3) she has ‘suffer … Assuming for the moment that claims based on the activities as reported by O’Sullivan would qualify for a public policy exception to the at-will employment doctrine, it is her burden to establish a causal connection between

Atlantic Specialty Insurance Company v. Karl's Boat Shop, Inc.

District Court, D. Massachusetts · Aug 20, 2020

Both doctrines relate to the circumstances under which an insurer may void a contract because of misstatements or omissions by the insured party, and both are clearly established … Section X(7) would qualify as a “condition precedent” under Massachusetts law.

Healy v. Spencer

397 F. Supp. 2d 269 · District Court, D. Massachusetts · Nov 8, 2005

In the instant case, there is no argument on Petitioner’s part that the SJC’s decision in Healy II was “contrary to” clearly established Brady jurisprudence. Compare McCambridge 303 F.3d at 35 . … Petitioner does not contend that SJC's decision was “contrary to” clearly established federal law. (See Dkt. No. 18, Pet'r's Mem. Supp. Writ Pet. 19.) 16 .

Quinones v. Frequency Therapeutics, Inc.

District Court, D. Massachusetts · Mar 29, 2023

filed with the Securities and Exchange Commission on November 16, 2020, cannot be actionable false statements because they are “textbook examples of ‘forward-looking statements’, immunized … Second, CW1’s statement is insufficiently particularized to establish falsity.

Sierra Fria Corp. v. DONALD J. EVANS,(PC)

978 F. Supp. 28 · District Court, D. Massachusetts · Oct 31, 1996

In,sum, as a result of her conversation with Bleeker, Kay clearly understood that the Aruban practice of transferring real estate without an as-built survey or title insurance exposed a purchaser — in this case her firm’s … Nexon, Esq. made an effective argument that, under the circumstances, a qualified attorney in Glazer’s position would not likely have noticed the effect), I conclude that the plaintiffs have not established by a preponderance

Situation Management Systems v. ASP Consulting Group

535 F. Supp. 2d 231 · District Court, D. Massachusetts · Feb 28, 2008

Although the test clearly applies to works of creative fiction, the principle has broader application. … Thus, the well-established principles underlying the Learned Hand abstractions test dictate that a copyright inheres only somewhere near the literal textual level.

Wollman v. Massachusetts General Hospital Inc.

District Court, D. Massachusetts · Jun 17, 2019

should the need have arisen, qualified alternative surgeons were never designated. … In Karvelas, the First Circuit established its “general position” on Rule 9(b)’s particularity requirement for qui tam actions. Nargol, 865 F.3d at 38.

Morgan v. Gittens

915 F. Supp. 457 · District Court, D. Massachusetts · Jan 31, 1996

Clearly they met the record-keeping requirements ordered in Grendel’s Den, Inc. v. Larkin, 749 F.2d 945, 952 (1st Cir.1984). It is clear too that Atkins and Pressman exercised sound billing judgment. … Both Atkins and Pressman have filed two supporting affidavits from well qualified practitioners attesting that the rates of compensation requested are on the conservative side.