Case law

Insulet Corporation v. EOFLOW CO., LTD.; EOFLOW, INC.; NEPHRIA BIO, INC.; and JESSE KIM

District Court, D. Massachusetts · Feb 5, 2026

Therefore, plaintiff clearly qualifies as a “prevailing party” under 18 U.S.C. § 1836(b)(3)(D). … The party seeking the award bears the burden of establishing both the time and rate components of the calculation, Hensley v.

Briggs

District Court, D. Massachusetts · Mar 30, 2026

It is well-established that “the First Amendment protects a public employee’s right, in certain circumstances, to speak as a citizen addressing matters of public concern.” Garcetti v. … Multiple courts have recognized that issues of public corruption or malfeasance by government employees readily qualify as issues of public concern. See Lane v.

Jarvis v. Speedway LLC

District Court, D. Massachusetts · Dec 28, 2017

But unlike “clearly visible . . . . concentric grooves [] surround[ing]” a gas pump, Potvin, 2017 WL 3971096, at *6, or the danger of “div[ing] headfirst into the shallow end of the defendants’ swimming pool,” O’Sullivan … Because Plaintiffs do not assert any agency theory of liability, Johnson’s employer is only relevant to establish that he was a business invitee at the gas station the day he was injured, which is undisputed.

Foxboro Co. v. Arabian American Oil Co.

634 F. Supp. 1226 · District Court, D. Massachusetts · Apr 30, 1986

I note that the evidence clearly indicates that Samba made a $2,526,550 payment to Aramco on or about February 22, 1986. … Even if actions were taken by Aramco and Samba without notice of the Temporary Restraining Order, Foxboro has nevertheless established a probability of success on its claims that they were wrongful as against Foxboro and

Lincoln-Sudbury Regional School District v. Mr. and Mrs. W.

District Court, D. Massachusetts · Jan 25, 2018

Department of Education have enumerated certain qualifying disabilities. … Proof of such a violation first requires establishing that the child was “handicapped” within the meaning of the Act. See generally 34 C.F.R. 104.3.

Klauber v. VMware, Inc.

District Court, D. Massachusetts · Apr 20, 2022

Cello Holdings, L.L.C., 347 F.3d 370, 384 (2d Cir. 2003) (“Where the facts that have accumulated after the first action are enough on their own to sustain the second action, the new facts clearly 2. … Klauber is again referring to the settlement agreement to establish that the current claim at issue has already been decided—that is, that VMware’s contracts are unenforceable under Massachusetts law.

Big Top USA, Inc. v. Wittern Group

998 F. Supp. 30 · District Court, D. Massachusetts · Feb 6, 1998

The trade dress of Big Top Gumball, observed in composite, qualifies as arbitrary. Any one feature of Big Top Gumball, taken in isolation, is a shape or sound in common usage. … The small manufacturer’s plate placed on the base of Circus World does.not qualify as a “clearly displayed” designator of origin sufficient to dispel any confusion arising from the apparent similarity of trade dress.

Mekonnen v. OTG Management, LLC

District Court, D. Massachusetts · Jul 25, 2019

Mekonnen’s condition “does not clearly fall outside the range of disability under the ADAAA” and because “‘the threshold issue of whether an impairment ‘substantially limits’ a major … To establish a prima facie case of retaliation under the ADA, Title VII, and 151B, Ms.

Felix G. Arroyo v. City of Boston

District Court, D. Massachusetts · Jun 8, 2021

established public policy. … Mass. 2002) (noting that the “MCRA claim against Defendant in his capacity as mayor is clearly a claim against the city”) (internal quotation marks omitted)).

McLeod v. The Fessenden School

District Court, D. Massachusetts · Aug 31, 2022

The Court has considerable doubts as to whether the TVPA—which is a criminal statute that also provides civil penalties—should be interpreted broadly to encompass conduct that is not clearly prohibited by its text. … In the present case, forcing one to perform oral sex or engage in other sexual acts would presumably qualify as “threats, intimidation, or coercion.”

Wadlington v. Mitchell

District Court, D. Massachusetts · Jan 29, 2019

“Clearly established federal law” for the purposes of § 2254(d) “refers to the holdings, as opposed to the dicta, of [the Supreme Court’s] decisions as of the time of the relevant state-court decision.” Yarborough v. … State court decisions involve an “unreasonable application” of clearly established federal law if they “correctly identif[y] the governing legal rule but appl[y] it unreasonably to the facts of a particular

Brown v. The Wheatleigh Corporation

District Court, D. Massachusetts · Sep 8, 2021

“A ‘fraud on the court’ occurs where it can be demonstrated, clearly and convincingly, that a party has sentiently set in motion some unconscionable scheme calculated to interfere with the judicial system’s ability impartially … The employer bears the burden of establishing an exemption. Reich v. Newspapers of New England, Inc., 44 F.3d 1060, 1070 (1st Cir. 1995).

Lee v. Howard Hughes Medical Institute

District Court, D. Massachusetts · Jun 9, 2022

Lee contends that she was qualified for renewal as an Investigator. … Lee submits that, taken together, such evidence establishes that she fell within the group of qualified candidates for renewal as an Investigator.

South Boston Allied War Veterans Council v. City of Boston

875 F. Supp. 891 · District Court, D. Massachusetts · Jan 17, 1995

The pendency of the Veterans’ petition for certiorari does not qualify this conclusion. See Taunton Gardens Co. v. … Accordingly, the Veterans have now established that the 1995 Parade will involve the exercise of their First Amendment rights to associate for expressive purposes and to free speech. See Clark v.

Massachusetts Laborers' Health & Welfare Fund v. Boehringer Ingelheim Pharmaceuticals, Inc.

District Court, D. Massachusetts · Mar 27, 2025

In an ANDA, a generic drug manufacturer can establish that its product is bioequivalent1 to the brand name drug. Id. … The defendant argued that the listing was proper because the product at issue, an injector pen device, qualifies as drug product “because it is a ‘finished dosage form[.]’” Id. at 7.

Teva Pharmaceuticals International GmbH v. Eli Lilly and Company

District Court, D. Massachusetts · Sep 26, 2023

can be reliably humanized using established techniques.” … Discussion A jury’s damages award “must be upheld unless the amount is ‘grossly excessive or monstrous,’ clearly not supported by the evidence, or based only on speculation

Oses v. Com. of Mass.

775 F. Supp. 443 · District Court, D. Massachusetts · Oct 7, 1991

This court appointed counsel for Oses and issued a procedural order establishing a briefing schedule. … I should have qualified that by saying that if he chose to testify, he could then use the photograph. There is no obligation for him to testify.” Id.

Rowley v. City of New Bedford

District Court, D. Massachusetts · Oct 31, 2024

The ESA, in conjunction with the Animal Welfare Act, clearly contemplates that endangered species may be kept in captivity. … She is neither a veterinarian nor a radiologist, and therefore is not qualified to interpret radiographs of an elephant’s foot.

Soneeya (fka Hunt) v. Mici

District Court, D. Massachusetts · Feb 12, 2024

on any established sinister motive or ‘purpose’ to do harm. … clearly erroneous for the Commissioner to characterize Ms.

Emigrant Residential LLC v. Pinti

District Court, D. Massachusetts · Mar 24, 2021

Here, the undisputed record establishes that the Pinti Mortgage was discharged by mistake. … Marcano’s affidavit, moreover, falls within a hearsay exception as he is a “qualified affiant whose declaration sufficiently authenticates the business records [he] provides.” Hays v.