Case law

United States v. Sawyer

878 F. Supp. 279 · District Court, D. Massachusetts · Feb 8, 1995

Do meals and “shared hospitality” qualify as “gifts” under M.G.L. c. 268B, § 6, M.G.L. c. 3, § 43 and House Rule 16A(12)? … Therefore, because there are situations that clearly violate Section 1346, it is not impermissibly vague in all of its applications.

Woods Hole Oceanographic Institution v. ATS Specialized, Inc.

District Court, D. Massachusetts · Aug 20, 2021

His “supplemental” expert report of that analysis was disclosed in April, 2021, which Magistrate Judge Boal found to be untimely for failing to qualify as a supplemental disclosure … Daily Exp., Inc., 659 F.3d 331, 337 (4th Cir. 2011) (“The Carmack Amendment clearly preempts any state statutory or common law claim for indemnification”).

Mitchell v. US Airways, Inc.

858 F. Supp. 2d 137 · District Court, D. Massachusetts · May 1, 2012

Airways failed to meet its qualifying obligations under the tip credit, when the burden rests with U.S. Airways to make an affirmative showing that it was entitled to the credit. … Trans World Airlines, Inc., 160 F.3d 1259, 1266 (9th Cir.1998) (holding that "Congress did not intend to immunize the airlines from [personal injury] liability" and that " 'service' does not refer to the pushing of beverage

Bertolino v. Sequium Asset Solutions, LLC

District Court, D. Massachusetts · Apr 18, 2023

Significantly, however, the Second Circuit qualified its ruling by holding that a debt collector will not be subject to liability under [the FDCPA] for failing to disclose that the consumer’s balance may increase … As the court in Weiss stated in response to a similar argument by the plaintiff in that case: Cortez did not establish a bright line rule that every settlement offer must come with an expiration date.

In Re Focus Enhancements, Inc. Securities Litigation

309 F. Supp. 2d 134 · District Court, D. Massachusetts · May 10, 2001

Defendants further argue that, because of his position, Van Putten is only qualified to make allegations about Focus marketing. … Such an allegation is clearly insufficient. See.

Mirabella v. Town of Lexington

District Court, D. Massachusetts · Feb 15, 2022

Plaintiff testified that he was told he did not get the job because MIT PD went with other more qualified applicants. [ECF No. 26-1 at 335]. … Under Section 10 of the MTCA, public employers are immune from liability for “any claim arising out of an intentional tort, including . . . interference with advantageous relations or interference with contractual relations

Union Leader Corp. v. Newspapers of New England, Inc.

180 F. Supp. 125 · District Court, D. Massachusetts · Jan 4, 1960

And they, being printers, were not par *133 ticularly qualified to act as distributors. … There is no evidence that the Association has sought to establish or could establish common practices with respect to price, production, circulation, advertising, or like operational matters. 34.

Devine v. Saul

District Court, D. Massachusetts · Sep 12, 2022

Step 2 requires that the ALJ determine whether an impairment is “severe” before considering whether it qualifies under a defined listing. … Accordingly, the ALJ did not clearly err in discounting Dr. Marvasti’s opinions as to Devine’s restrictions on lifting/carrying, standing/walking, and sitting.

Hooke v. Colvin

20 F. Supp. 3d 286 · District Court, D. Massachusetts · May 16, 2014

result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.” 125 The Commissioner employs a five-step sequential evaluation process to determine whether an individual qualifies … ordered until January 3, 2008. 164 Moreover, Hooke concedes that the words “cognitive problems” do not appear in the records until February 28, 2008. 165 Nonetheless, Hooke contends that the February 28, 2008 diagnosis is clearly

Lee v. Alves

District Court, D. Massachusetts · Sep 27, 2023

established Federal law, as determined by the Supreme Court of the United States,’ Williams v. … Accordingly, as for Ground One, Lees has failed to demonstrate that the SJC’s decision was contrary to, or involved an unreasonable application of, clearly established Federal law,

Corbin v. Kenneway

District Court, D. Massachusetts · Jan 8, 2021

cannot be either contrary to or an unreasonable application of clearly established federal law.”); see alsoWhite v. … The clearly established federal law governing ineffective assistance of counsel claims is the framework established in Strickland.

Cytyc Corp. v. TriPath Imaging, Inc.

505 F. Supp. 2d 199 · District Court, D. Massachusetts · Aug 23, 2007

The parties dispute whether the CDS-1000 qualifies as prior art. … Thus, there is a genuine dispute of fact as to whether the Krief Thesis qualifies as prior art. 3.

Levesque v. Schroder Investment Management North America Inc.

District Court, D. Massachusetts · Mar 27, 2019

Under the 2013 Plan, employees qualified for two kinds of incentive-based compensation schemes: quantitative and qualitative. … While neither party raises this material fact, the 2013 Plan clearly states that “[t]he Plan shall be governed by New York law”.

Astellas Institute for Regenerative Medicine v. ImStem Biotechnology, Inc.

District Court, D. Massachusetts · Feb 5, 2021

These secretions stop T cells (immune cells that cause inflammation) from proliferating and attract existing stem cells, giving MSCs significant clinical potential. [Id. … “On the other hand, one does not qualify as a joint inventor by merely assisting the actual inventor after conception of the claimed invention.” Ethicon, 135 F.3d at 1460.

Advocates for Transportation Alternatives, Inc. v. U.S. Army Corps of Engineers

453 F. Supp. 2d 289 · District Court, D. Massachusetts · Sep 29, 2006

Second, the Record establishes that the Corps took a hard look at most of the identified environmental concerns. See id. … Moreover, if a dredge or fill permit application does not concern a water-dependent project, the Corps assumes that practicable alternatives exist unless the applicant “clearly demonstrated otherwise.”

MediaCom Corp. v. Rates Technology, Inc.

4 F. Supp. 2d 17 · District Court, D. Massachusetts · Apr 16, 1998

If, to the Court’s surprise, the parties utterly fail to agree upon the existence of any qualified advisers, they shall provide a detailed report as to why (since they are presumably conversant with this area of human endeavor … Rates’ "Cross-Motion for Summary Judgment on Claim Construction” illustrates the difficulty when the distinction between construction and infringement is not clearly maintained.

Markham v. Fay

884 F. Supp. 594 · District Court, D. Massachusetts · Mar 22, 1995

Boose responded in the negative because she was not financially qualified to buy them. (TR274) Approximately one month or so thereafter, in August of 1978, Ms. Boose left the employ of the nursing homes. (TR2-73-74) 42. … This ghost was clearly and unequivocally put to rest in Judge Zobel’s Memorandum of Decision on summary judgment, to wit: If the United States can prove that the corporate and trust defendants were the alter egos of Claire

Kuc v. Smith & Nephew, Inc.

District Court, D. Massachusetts · Feb 14, 2022

Massachusetts courts, therefore, follow the “continuing violation doctrine,” which allows a plaintiff to establish a timely hostile work environment claim so long as she can establish (1) that she was forced to work in … Perhaps more importantly, she has put forth no evidence that she is a “qualified handicapped person.”

Melcher v. Lowe's Home Centers, LLC

District Court, D. Massachusetts · Aug 3, 2022

Here, “[t]he cited disparity between the declaration and deposition testimony is not such that the Court must regard it as ‘clearly contradictory.’” Mantha v. … Not only is there nothing in the record establishing that this “understanding,” which the Store Manager phrased as a question, was correct, but also, even if it was correct at the time, it does not establish that Mahaffey

Aquino v. Pacesetter Adjustment Co.

416 F. Supp. 2d 181 · District Court, D. Massachusetts · Nov 7, 2005

To the contrary, Pearson immediately qualified his statement by adding that he would “look[ ] into” the question of whether March Taxi carried excess insurance, thus making it clear to Keenan that he had no personal knowledge … Aquino’s request for production of documents, served January 18, 2002, clearly called for the production of the declaration pages for both the Ace primary policy and the General Star excess policy.