Case law

United States v. Toth

District Court, D. Massachusetts · Dec 20, 2019

for 2007 was warranted and not clearly unjust. … In its submissions, the Government has referenced UBS’s internal notes on the Account from the early 2000s, which discuss the Qualified Intermediary Agreement (“QI”) between the U.S. government and UBS Switzerland, effective

Mantha v. Quotewizard.com, LLC

District Court, D. Massachusetts · Mar 16, 2021

It is well established “a party cannot simply rely on statements in an agreement to establish or deny agency.” Butler v. McDonald’s Corp., 110 F. Supp. 2d 62, 67 (D.R.I. 2000). … While complaints and Do Not Call requests may overlap in the sense that one document or text communication may qualify as both a complaint and a Do Not Call request, not all complaints necessarily constitute Do Not Call

Turner v. Liberty Mutual Retirement Benefit Plan

District Court, D. Massachusetts · Aug 11, 2023

In the case at hand, however, because the plaintiffs did not qualify for relief under § 502’s other provisions, relief under § 502(a)(3) was appropriate. Id. at 515. … Section 503 of ERISA establishes procedural requirements governing how an ERISA plan must process benefits claims.

Amalgamated Titanium International Corp. v. Mennie Machine Company d/b/a MMC Armory

District Court, D. Massachusetts · Jan 18, 2022

Here, while the quantity of firearms to be purchased was subject to change “without notice,” the purchase order established a definitive formula for establishing the amount owing whatever the ultimate number. … However, MMC’s holding of ATI’s titanium as a hostage unless ATI agreed to grant MMC a blanket waiver of immunity from contractual liability is another matter.

Wagner v. Federal Home Loan Mortgage Corporation

District Court, D. Massachusetts · Oct 2, 2020

The plaintiff need not prove that he or she will prevail at trial, but at a minimum the complaint “must establish more than simply a possibility of entitlement to relief.” … The amended complaint clearly states that Wagner was unable to perform on May 20, 2019 since “[t]he latest approval [Wagner] received was from ‘Eastern Bank’, dated February 15,

Liberty Roofing Company v. The Haskell Company

District Court, D. Massachusetts · Mar 14, 2022

Again, that standard is clearly met here. … The issue here does not relate to damage by other trades, nor would bare underlayment absent metal roof panels likely qualify as finished work.

Limoli v. Delta Airlines, Inc.

District Court, D. Massachusetts · Nov 22, 2019

For that reason, “an at-will employee has a cause of action for wrongful termination only if the termination violates a clearly established public policy.” … Here, plaintiff alleges that her termination “in response to her assertion of her statutorily protected rights constitutes a violation of a clearly established public policy.” (Compl. ¶ 67).

Atlantic Research Marketing Systems, Inc. v. Saco Defense, Inc.

997 F. Supp. 159 · District Court, D. Massachusetts · Mar 2, 1998

Again, without belaboring the point, there is no basis in the record to conclude that SDI had had any prior experience selling Product, that the SDI product manager who prepared the projection was qualified by training or … Even if it were to be considered, however, it is clearly deficient for the simple reason that, with one possible exception, neither Plaintiffs’ motion nor Plaintiffs’ supporting memorandum sets forth specific facts upon which

Holt v. Raytheon Technologies Corporation

District Court, D. Massachusetts · Mar 31, 2022

The plan also establishes the Benefit Appeals Committee to review denied claims. … Under § 1055(a)(1) of ERISA, the default pension option available to married participants of a qualified pension plan is the “Qualified Joint and Survivor Annuity” (“QJSA”).

Salomon v. Massachusetts Housing Finance Agency

District Court, D. Massachusetts · Mar 21, 2023

At the motion to dismiss stage, a plaintiff “need not establish all elements of the prima facie case” and “must simply allege facts that give rise to a plausible inference that retaliation occurred.” Frith v. … The court concluded based on the facts alleged that the plaintiff’s epilepsy, although “clearly affect[ing] his life,” did not substantially limit his ability to work.

Baer v. Montachusett Regional Technical School District

District Court, D. Massachusetts · May 17, 2019

Because Counts II and IV are clearly retaliatory claims, the Court will assume that Counts I and III are hostile work environment claims. 1. … Pursuant to the MTCA, a public employer retains immunity for “any claim arising out of an intentional tort, including . . . libel, slander.” Mass. Gen. Laws ch. 258, § 10(c).

Egenera, Inc. v. Cisco Systems, Inc.

District Court, D. Massachusetts · Feb 5, 2018

Aug. 31, 2004), the court found that the claim term “logic means” described structure because it “clearly refers to a logic circuit.” Likewise, in PCTEL, Inc. v. … Structure disclosed in the specification qualifies as ‘corresponding structure’ if the intrinsic evidence clearly links or associates that structure to the function recited in the claim.

Staples v. Verizon Data Services, LLC

District Court, D. Massachusetts · May 18, 2021

The complaint, however, does not clearly articulate the basis for this claim or whether he is alleging discrimination or retaliation. … To establish a prima facie case under this provision, [Staples] must establish that 1) he engaged in an activity protected by the Workers’ Compensation Act, 2) the defendant was aware of that protected activity,

Doe v. City of Boston

District Court, D. Massachusetts · Mar 29, 2024

To the extent that the complaint asserts claims against Patrick Rose, they are clearly timely under § 4C. … To qualify, a defendant’s actions must be “fairly attributable to the state.” Id. at 4 (citing Lugar v. Edmondson Oil Co., 457 U.S. 922, 937 (1982)).

Skinner Inc. v. Li

District Court, D. Massachusetts · Jul 7, 2023

For example, defendants argue that “[t]he undisputed facts establish that Skinner’s agent, Karen Keane, directed Skinner employee Mr. … need for a second sale, and the pre-litigation investigations as to the fraudulent and suspicious payments,” which, to the extent that those expenses do not constitute litigation-related costs, plaintiff claims would qualify

Brox v. Wood's Hole, Martha's Vineyard and Nantucket Steamship Authority

District Court, D. Massachusetts · Mar 10, 2022

exercise clause of art. 46, § 1, and effectively render the free exercise clause superfluous.”).4 Moreover, not all actions grounded on religious belief qualify … plaintiffs’ § 1983 claims – namely, that the Authority, as a state agency, as well as co-defendant Janice Kennefick, in her official capacity as a state official, are not “persons” within the meaning of § 1983 and thus are immune

Lill v. Astrue

812 F. Supp. 2d 95 · District Court, D. Massachusetts · Sep 23, 2011

Gitlow acknowledged that Lili had problems with mood instability and auditory hallucinations but noted that “[t]he degree of severity of those difficulties, even when they were taking place and were clearly documented, was … “State agency medical and psychological consultants ... are highly qualified physicians, psychologists, and other medical specialists who are also experts in Social Security disability evaluation.” 20 C.F.R. §§ 404.1527 (

United States v. Goldsmith

432 F. Supp. 2d 161 · District Court, D. Massachusetts · Mar 14, 2006

At the time of his affidavit, no one had paid for the shipping charges, and the bill of lading clearly indicated this. Id. at 104. … The conclusion that Goldsmith did not possess the crate at the relevant times is not qualified by the fact that there is ample evidence to prove that Goldsmith was then conspiring with Gillies to possess the marijuana with

P. B. I. C., Inc. v. Byrne

313 F. Supp. 757 · District Court, D. Massachusetts · May 6, 1970

The Court's efforts to establish a constitutional definition for "obscenity" have, understandably, failed to generate a doctrinal consensus. … However, the commonly applied test involves a three-pronged analysis, most clearly articulated in A Book Named "John Cleland's Memoirs of a Woman of Pleasure" v.

Maniscalco v. Colvin

167 F. Supp. 3d 207 · District Court, D. Massachusetts · Mar 3, 2016

Minen noted that “her cognitive testing shows poor performance in multiple domains but it is not clearly in the pattern of a neurodegenerativo process. … Sec’y of Health & Human Servs., 921 F.2d 327, 329 (1st Cir.1990) (“[Sjince bare medical findings are unintelligible to a lay person in terms of residual functional capacity, the ALJ is not qualified to assess residual functional