Case law

United States v. Letter From Alexander Hamilton

District Court, D. Massachusetts · Oct 28, 2020

The Letter clearly constitutes a public record under the 1897 Act. The Letter qualifies as a public record under modern Massachusetts statutes as well. For example, Mass. Gen. … The Letter clearly fits within the “broad” definition of “public records” since it is a paper “made or received by any officer or employee of any Massachusetts governmental entity.” Attorney Gen. v.

Frontier Management Co., Inc. v. Balboa Ins. Co.

658 F. Supp. 987 · District Court, D. Massachusetts · Dec 30, 1986

These allegations, if proven at al, might be sufficient to establish t Frontier acted as Omaha’s agent. This j tual dispute should be resolved at trial i not on a motion to dismiss. … This pleading clearly alleges unjust enrichment by the defendants, and is sufficient to meet the pleading requirements of Rule 8. Accordingly, plaintiffs’ motion to dismiss Count VII of the counterclaim is DENIED.

Eichenholz v. Brink's Incorporated

District Court, D. Massachusetts · Mar 6, 2019

FMLA Retaliation In order to establish a prima facie case of FMLA retaliation, Eichenholz must establish that: (1) he availed himself of a protected FMLA right; (2) he was … “To establish a prima facie case of employment discrimination on the basis of handicap under G.L. c. 151B, § 4(16), the plaintiff must show that he is ‘handicapped’ within the meaning of the statute; that he is a ‘qualified

Davidson v. Yihai Cao

211 F. Supp. 2d 264 · District Court, D. Massachusetts · Apr 11, 2002

In order to establish a breach of contract claim under Illinois law, the plaintiffs, in this instance the CMCC defendants, must establish: (1) the existence of a valid contract; (2) the plaintiffs’ performance of their obligations … Allegations made by plaintiffs are clearly labeled as such and not considered part of the factual record.

Johnson v. CIA

District Court, D. Massachusetts · Sep 17, 2018

It is not the Agency’s burden to establish which identities have or have not been disclosed elsewhere. … Since the emails do not qualify for this exemption, there is no need to address the second prong of the analysis.

McGinn v. Executive Office of Energy and Environmental Affairs

District Court, D. Massachusetts · Oct 23, 2020

For Plaintiff, as a public employee, to prevail on his § 1983 claim alleging a violation of his right to free speech under the First Amendment, he must establish: (1) that he spoke as a citizen on a matter of public concern … Accordingly, the court does not need to grapple with Beaton’s argument that he is protected under the doctrine of qualified immunity since that defense is only applicable to the § 1983 claim. b.

Barbosa v. Silva

District Court, D. Massachusetts · Jun 24, 2021

petitioner raises a claim that was adjudicated on the merits in state court, federal habeas courts must defer to the state court’s determination unless it was “contrary to, or involved an unreasonable application of, clearly … Not even clear error will establish an objectively unreasonable conclusion. White, 572 U.S. at 419.

Biogen, Inc. v. Berlex Laboratories, Inc.

113 F. Supp. 2d 77 · District Court, D. Massachusetts · Sep 19, 2000

In essence, to establish a violation under the doctrine of equivalents Berlex must establish that there is only an “insubstantial” difference between Biogen’s product and the composition protected by the ’779 Patent. … Vilcek did not explain his qualified, conclusory opinion. See id. Nor did he state whether he considered interferon concentrations in the 1,200,000 to 1,600,000 IU/ml range, which were found in Avonex samples by Dr.

Seino v. Goguen

District Court, D. Massachusetts · Sep 19, 2022

An adjudication will be contrary to clearly established law if the state court ‘applies a rule that contradicts the governing law set forth’ by the Supreme Court or ‘confronts a set of facts that are materially … The Court finds that the SJC’s decision was not contrary to clearly established Supreme Court precedent and therefore, federal habeas relief on this ground is denied.

Tasneem

District Court, D. Massachusetts · Mar 31, 2026

Dismissal is appropriate if the complaint fails to establish at least one “material element necessary to sustain recovery under some actionable legal theory.” N.R. by and through S.R. v. … The Form I-130 is not the same as a visa application and its approval does not confer any immigration benefit; rather, its purpose is solely to establish the underlying qualifying relationship that allows a non-citizen

Davis

District Court, D. Massachusetts · Nov 26, 2025

Shubrick is neither qualified for, nor good at, the job (e.g., Dkt. Nos. 85-8 at 15-22, 23-27; 85-9). That Ms. … While Plaintiff has not clearly articulated the precise basis of her hostile work environment claim, it appears that she complains that she was subjected to a hostile work environment because Ms.

McGinn v. Executive Office of Energy and Environmental Affairs

District Court, D. Massachusetts · Sep 30, 2020

For Plaintiff, as a public employee, to prevail on his § 1983 claim alleging a violation of his right to free speech under the First Amendment, he must establish: (1) that he spoke as a citizen on a matter of public concern … Accordingly, the court does not need to grapple with Beaton’s argument that he is protected under the doctrine of qualified immunity since that defense is only applicable to the § 1983 claim. b.

Massachusetts ex rel. Low-Level Radioactive Waste Management Board v. O'Leary

925 F. Supp. 857 · District Court, D. Massachusetts · Mar 29, 1996

The Act established chronological milestones to ensure that each state or compact moved toward the goal of providing for the disposal of its own LLRW. … The September 1992 Federal Register notice did not address the issue of whether a contract for less than three years would qualify a State for full payment of the escrow funds.

United States v. Sampson

335 F. Supp. 2d 166 · District Court, D. Massachusetts · Aug 26, 2004

Therefore, if it is established that, for whatever reason, Mr. … William Zane, indicated that he could use diagrams which would more clearly identify the wounds in question.

Allscripts Healthcare, LLC v. DR/Decision Resources, LLC

District Court, D. Massachusetts · Feb 22, 2021

Hogue has conceded was “a mistake, clearly.” … DRG rejoins that the restriction is qualified by the phrase “other than as permitted under this Agreement,” and insists that such language would be meaningless if it were not authorized

Allstate Insurance Company v. Fougere

District Court, D. Massachusetts · Sep 30, 2019

The spreadsheet information at issue here was clearly part of an electronic data file. … Customer lists are expressly recognized as being a type of compila- tion of information that can qualify as a trade secret. Id.

Piccirilli V. Town of Halifax

District Court, D. Massachusetts · Jul 19, 2021

Piccirilli maintains that he has faithfully carried out his duties, is fully qualified for the position, and has no history of employee discipline.2 [Compl. ¶¶ 37–39]. 2 Piccirilli submitted … Roth, the Supreme Court explained that: [t]o have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it.

Baird v. Bellotti

450 F. Supp. 997 · District Court, D. Massachusetts · May 2, 1978

It is hard to imagine how this could be stated more clearly. … The Massachusetts statute, section 12P (now § 12S), clearly satisfies this standard.

Berylson v. 1100 Architect, P.C.

District Court, D. Massachusetts · Jun 26, 2023

Additionally, defendants also point to the Town of Wellesley’s initial determination that 44 Highgate qualified as an historic property as the source of delay in issuing a demolition permit for the Project. … The contract between Carlson and the Berylsons for Carlson’s services as an Owner’s Representative clearly defines a principal-agent relationship. Muniz Aff. Ex. 14 [Dkt # 114-14].

Roxbury/South End Tenants' Council, Inc. v. Cornerstone Corp.

573 F. Supp. 2d 359 · District Court, D. Massachusetts · Aug 20, 2008

obtaining “effective control” of the Tenant Council, Linda Evans allegedly conspired with Robert Evans, Paul Tryder and the Cornerstone Corporation to acquire control over Roxse Homes. 21 Plaintiffs Amended Complaint does not clearly … Massachusetts state entity that supports home ownership opportunities for low and moderate income residents, determined that the Tenant Council was “democratically elected in accordance with the by-laws.” 22 This determination qualified