Case law

Geer v. Federal Highway Administration

975 F. Supp. 47 · District Court, D. Massachusetts · Aug 4, 1997

The subsection, although it does not expressly state that efforts to minimize harm must be feasible and prudent, “clearly implies” that feasibility and prudence are factors. … In all projects, budgets must be established.

Mackey v. Piccolo

District Court, D. Massachusetts · Jan 7, 2020

immunity issues and identical, internal TPD policies. … This court has considered these statements in adjudicating the summary judgment motion (Docket Entry # 74), including defendants’ entitlement to qualified immunity.

NEW MING INC. v. ZHUANG

District Court, D. Massachusetts · Nov 23, 2022

In context, New Ming alleges only that Zhuang was a businessman, and businessmen are not categorically immune from suit under Massachusetts law. 7 Even if plaintiff did style its complaint … The complaint clearly alleges, at the very least, that Zhuang “personally participate[d]” in the alleged bad acts, which is enough to keep the case against him alive on a motion to dismiss.

Shepperson v. Metropolitan Property and Casualty Insurance Company

District Court, D. Massachusetts · May 22, 2018

I conclude the exclusion, while clearly expressed, appears prohibited in this circumstance by § 99. Accordingly, Ms. … The record before me establishes as a matter of law that Ms. Shepperson is an innocent insured.

Dunaway v. Fresenius USA, Inc.

District Court, D. Massachusetts · Sep 7, 2023

specific causation by virtue of the fact that none of them qualifies under the general causation theory. … Furthermore, as is well-established under Massachusetts law, “expert testimony is required to establish medical causation

Nassar v. Ruze

District Court, D. Massachusetts · Mar 21, 2018

immunity. … Plaintiff has, at best, “merely established that he was denied his preferred course of treatment,” which is insufficient to state a claim for retaliation. Niemic, 89 F. Supp. 3d at 211.

Hamlin v. Colvin

199 F. Supp. 3d 247 · District Court, D. Massachusetts · Aug 3, 2016

DISCUSSION In order to qualify for DIB, a claimant must prove that she is unable “to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to … Since Nurse Cobb is not a physician, he cannot provide evidence to establish an impairment. 20 C.F.R. § 404.1513 .

BERGUS v. FLORIAN

District Court, D. Massachusetts · Oct 19, 2023

LAWS ch. 110A, § 410(a)(2), contains no such qualifier. … Bergus, I only award costs for those expenses that clearly were necessary.

In re Volkswagen & Audi Warranty Extension Litigation

89 F. Supp. 3d 155 · District Court, D. Massachusetts · Feb 10, 2015

as a ‘prevailing party’ in order to qualify for an award of [appellate] attorney’s fees.”). … Ruschel’s time records and Class Counsel’s comments, however, do not clearly delineate between Ruschel’s Ohio-and multidistrict class action-specific work. 2 The Court’s best estimation, after closely reviewing the records

Wu v. Ma

District Court, D. Massachusetts · Sep 28, 2023

While “[u]niversities are clearly not bystanders or strangers in regards to their students,” they also “are not responsible for monitoring and controlling all aspects of their students’ lives.” Nguyen v. Mass. … “A breach of contract is established if the facts show that the university has ‘failed to meet [the student’s] reasonable expectations.’” Walker v.

Connolly v. Woburn Public Schools

District Court, D. Massachusetts · Mar 2, 2023

Some of the allegations in the complaint clearly reflect mere disagreements about plaintiff’s work performance, or the content of student IEPs. Murray v. … Alvarez, Inc., 13 Count Five, the claim for IIED, will be dismissed for other reasons, but it is clearly not time-barred.

Canales

District Court, D. Massachusetts · Mar 30, 2026

Port Auth., 89 N.E.3d 460, 463 (Mass. 2018), “may qualify as wages, sheltered by the Wage Act, in certain circumstances,” Klauber v. … The sham affidavit rule, however, applies only when the party opposing summary judgment provides an affidavit that clearly contradicts prior testimony. See Colantuoni v.

Parexel International LLC v. Signant Health Holding Corp.

District Court, D. Massachusetts · Apr 13, 2023

This does not establish Ceballos was induced to leave his position at Parexel as a result of the recommendation. … Sept. 2, 2021) (“Employers . . . clearly have a legitimate business interest in preserving the talent and goodwill of their employees, which includes keeping current employees and ensuring they are not influenced to leave

In Re: In the Matter of Ryan Denver as Owner of M/V Make it Go Away, for Exoneration From or Limitation Liability

District Court, D. Massachusetts · Mar 12, 2024

[LOLA] clearly provides that it applies purely to vessel owners, . . . and it is well settled that a court should follow the plain language of an unambiguous statute.”). … attempt to seek “protection solely as a vessel owner[] fail[ed] because the event as pled occurred with [the owner’s] privity and knowledge as captain of the vessel,” and also that the owner and captain could “not receive immunity

Lima v. Middlesex Sheriff's Office

District Court, D. Massachusetts · Feb 19, 2020

does not require repeated conduct to establish an actionable claim.” Tobin, 553 F.3d at 130. … Unobstructed breathing clearly qualifies as a major life activity.

Deptula v. City of Worcester

District Court, D. Massachusetts · Apr 6, 2020

In the alternative, the Defendants argues that they are entitled to qualified immunity on these claims. 14 … Count VI: whether Deptula has established a Claim for Conspiracy against the Sgt.

Oates v. Chao

District Court, D. Massachusetts · Apr 6, 2022

A plaintiff must first establish a prima facie discrimination claim by showing by a preponderance of the evidence that “1) she was disabled within the meaning of the statute; 2) she was qualified to perform … This clearly evokes a disparate treatment claim, not a disparate impact claim.

Clark v. Capital Vision Services, LLC

District Court, D. Massachusetts · Jul 18, 2024

MyEyeDr has established systems of tracking performance metrics at each store. … Accordingly, Plaintiffs have failed to establish predominance under Rule 23(b)(3).9 C.

FINANCIAL RESOURCES NETWORK, INC. v. Brown & Brown, Inc.

754 F. Supp. 2d 128 · District Court, D. Massachusetts · Nov 18, 2010

FACTUAL BACKGROUND 1 Financial Resources is a Massachusetts corporation that administers and maintains the FRN Plan, a qualified 401(k) pension plan for Financial Resources employees. … Himmer, 949 F.2d 1, 4 (1st Cir.1991) (statute of limitations legislatively established will not be easily overlooked).

Association of American Universities v. Department of Defense

District Court, D. Massachusetts · Jul 18, 2025

Sovereign Immunity Defendants next contend that this Court lacks jurisdiction to entertain this suit because “the actions at issue are ‘committed to agency discretion by law. … dohave a NICRA, subsection (f)’s relevance is that it clearly establishes that grant recipients “are not required to use the de minimis rate.” Id.