Case law

United States v. Patriarca

912 F. Supp. 596 · District Court, D. Massachusetts · Dec 1, 1995

Although there is some countervailing evidence, the record also clearly establishes that *613 when Raymond L.S. … Thus, an enhancement for an aggravating role is clearly not appropriate. See § 3B1.1, Application Note 4 (“titles such as ... “boss’ are not controlling”).

American Medical Systems, Inc. v. Biolitec, Inc.

774 F. Supp. 2d 375 · District Court, D. Massachusetts · Mar 30, 2011

[because] it is well settled, anticipation cannot be established base [sic] on doubt or possibilities. (Dkt. No. 249, Ex. 1 at 3-5.) … Clearly, manufacturers are entitled to encourage consumers to use their product over others on the market.

Maldanado v. Cultural Care, Inc.

District Court, D. Massachusetts · Jul 28, 2021

“[W]here a party has given ‘clear answers to unambiguous questions’ in discovery, that party cannot ‘create a conflict and resist summary judgment with an affidavit that is clearly contradictory,’ unless there … Here, filing these affidavits after the close of class discovery suggests that the statements were made solely in an after-the-fact attempt to rehabilitate a failure to establish class standing. Cf. Orta-Castro v.

Alves v. Siegel's Broadway Auto Parts, Inc.

710 F. Supp. 864 · District Court, D. Massachusetts · Mar 28, 1989

is a good consideration for an express promise”). 3 A second factor complicating the analysis under state law is that, despite the similarities between statutes of repose and statutes of limitation, Massachusetts courts clearly … Applying § 143, the Court would first inquire as to whether “the limitation provision was directed to the right ‘so specifically as to warrant saying that it qualified the right.’ ” Id. at § 143, comment c, (quoting Davis

Laliberte v. Commissioner of Social Security

District Court, D. Massachusetts · Mar 17, 2023

If “a finding [of non-severity] is not clearly established by medical evidence . . . adjudication must continue through the sequential evaluation process.” Teves v. McMahon, 472 F. Supp. 2d 82, 86 (D. … The Court therefore concludes that the medical evidence does not “clearly establish” a finding of non-severity, and that the ALJ therefore erred by not continuing the evaluation process past Step 2.

Felix v. Town of Kingston

District Court, D. Massachusetts · Jul 8, 2019

Indeed, the record shows that the Board clearly had already been contemplating the possibility of ending the plaintiff’s tenure months before she took FMLA leave, as evidenced by its … Second, the plaintiff contends that the defendants failed to provide her with a reasonable accommodation, but this claim is unavailing because the record clearly shows that the plaintiff never requested an accommodation

Su v. F.W. Webb Company

District Court, D. Massachusetts · Jun 16, 2023

was not clearly erroneous); Figueroa v. Cactus Mexican Grill LLC, 575 F. Supp. 3d 208, 217-18 (D. … This would clearly establish a causal connection between the employees’ protected conduct and Defendant’s actions in response.

Bigda v. City of Springfield

District Court, D. Massachusetts · Apr 29, 2024

Among the provisions in this legislation, Chapter 6E established the Massachusetts Peace Officer Standards and Training Commission (“P.O.S.T. … L. ch. 6E, § 2 (establishing the composition of the Commission); Mass. Gen.

Symes Development & Permitting LLC v. Town of Concord

District Court, D. Massachusetts · Jan 10, 2022

Plaintiffs assert that the requirement is satisfied because the subject reservation period establishes an unconstitutional taking under the Fifth Amendment. … Courts, including the United States Supreme Court, have repeatedly “rejected the argument that government action must be permanent to qualify as a taking.”

Cunningham v. Lyft, Inc.

District Court, D. Massachusetts · May 22, 2020

All three criteria “must be established to rebut the presumption of employment.” … what services are performed by the worker, and establishing the “usual course of business of the employer.”

Gouin v. Gouin

249 F. Supp. 2d 62 · District Court, D. Massachusetts · Mar 11, 2003

Furthermore, it is well established that an abuse of process claim cannot be defeated merely because the initiator of the process had probable cause. … The threshold pleading requirements are clearly met. Gouin’s motion to dismiss Count V is without merit. 6.

Geronimo v. Melrose-Wakefield Healthcare Corporation

District Court, D. Massachusetts · Jul 22, 2025

The letter continued that, “[a]s an alternative accommodation, you may apply for any open role for which you qualify and which may be performed 100% remotely.” Id. Geronimo never applied for a remote position. … The undisputed record establishes that the Hospital is a private, non-profit community healthcare provider owned by Tufts. ECF 35, ¶¶ 1, 10.

Commercial Union Insurance v. Seven Provinces Insurance

9 F. Supp. 2d 49 · District Court, D. Massachusetts · Jun 15, 1998

However, Seven Provinces’ obligation was not unconditional; it was qualified by a “net retention” provision. … The “% of reinsurance” column has some information scratched out, but “50% of 450” is clearly legible.

KPM Analytics North America Corporation v. Blue Sun Scientific, LLC

District Court, D. Massachusetts · Jul 15, 2021

Defend Trade Secrets Act (Count I) and Misappropriation of Trade Secrets (Count II) To establish a claim for misappropriation of trade secrets, a plaintiff must show that: (1) the information at issue qualifies as a … Defend Trade Secrets Act (Count I) and Misappropriation of Trade Secrets (Count II) To establish a claim for misappropriation of trade secrets, a plaintiff must show that: (1) the information at issue qualifies as a

United States v. Costilla-Alfano

726 F. Supp. 327 · District Court, D. Massachusetts · Nov 30, 1989

It is well established that customs officials may conduct routine searches at the border of the United States without reasonable suspicion, probable cause, or warrant. United States v. … Louis airport after a nonstop flight from Mexico City would clearly be the functional equivalent of a border search. Almeida-Sanchez v.

Linhares v. Woods Hole, Martha's Vineyard and Nantucket Steamship Authority

District Court, D. Massachusetts · Dec 16, 2022

“The doctrine creates a form of qualified immunity from discovery for such materials, but does not label them ‘privileged’ and, thus, outside the scope of discovery under Rule 26(b)(1).” … [and] [t]he depositions of these individuals [are] necessary to establish whether or not this defense is factually accurate.” Id.

Smith v. Grondolsky

District Court, D. Massachusetts · Mar 14, 2018

However, this is clearly incorrect. … That argument, however, does not establish that he is entitled to the extraordinary relief he is seeking here.

Metzler Asset Management GmbH v. Kingsley

District Court, D. Massachusetts · Mar 27, 2018

He stated that Tecfidera had some immune-suppressive properties and that after the PML death, the drug was considered an immune-suppressive agent. … “There is no set pattern of facts that will establish scienter; it is a case- by-case inquiry.” ACA Fin., 512 F.3d at 66.

United States Securities and Exchange Commission v. Muraca

District Court, D. Massachusetts · Dec 5, 2019

And Albers clearly states that his declaration is “based upon [his] personal knowledge, information and belief, except where indicated.” Second, Fed. R. … He undoubtedly qualified as an “officer” and “employee” of the two LLCs.

Hunt v. Covidien LP

District Court, D. Massachusetts · May 28, 2024

First, the witness must be shown to be sufficiently qualified by “knowledge, skill, experience, training, or education.” Fed. R. Evid. 702. … Laura Plunkett, Ex. 2 (Dkt. # 121-2) (IFU states clearly that “overly thick or thin tissue may result in unacceptable staple formation”).