Case law

Shash v. Biogen Inc.

District Court, D. Massachusetts · Sep 12, 2022

Likewise, the substance and context of a statement may indicate an opinion even where no qualifying language is used. Credit Suisse First Bos. … But nothing in the complaint establishes the primacy of the sub-group level analysis.

In re Relafen Antitrust Litigation

231 F.R.D. 52 · District Court, D. Massachusetts · Sep 28, 2005

Rule 23(e) “was designed to function as an additional requirement, not a superseding direction, for the ‘class action’ to which Rule 23(e) refers is one qualified for certification under Rule 23(a) and (b).” … Clearly, the District of Southern Iowa does so. Mark W. Bennett, et al., Judges’ Views on Vanishing Civil Trials, Judicature, 306-309, 312 (May-Jun.2005).

Katz v. Organogenesis, Inc.

District Court, D. Massachusetts · Sep 20, 2019

To satisfy step two, the defendant must “clearly set forth, through the introduction of admissible evidence, the reasons for the [employee’s termination].” Hodgens v. Gen. … Katz has met her burden of establishing a prima facie case of discrimination and retaliation. Cf. Bonilla-Ramirez v.

LEMAY v. Murphy

537 F. Supp. 2d 239 · District Court, D. Massachusetts · Jan 22, 2008

judge of the Massachusetts Superior Court Department (Worcester County) (“the trial court” or “the trial judge”) 2 ordered petitioner committed to the treatment center for 60 days, during which time he was to be examined by qualified … Petitioner’s professed ignorance of the existence of ground two is also unconvincing as means to establish cause. See Duvall v.

Taylor v. Milford Regional Medical Center

District Court, D. Massachusetts · May 10, 2024

Despite that limitation, “[t]o qualify as a bona fide religious practice, a plaintiff must show ‘both that the belief or practice is religious and that it is sincerely held.’” Antredu v. Mass. … This is not to say that Milford Regional did not face a burden, but that the record at this early stage of litigation does not clearly establish that the proposed accommodations requested by the Plaintiffs placed an undue

Algonquin Gas Transmission, LLC v. Town of Weymouth

District Court, D. Massachusetts · Feb 11, 2019

§ 1454 (establishing process for federal approval of state coastal zone management programs); see also AES Sparrows Point LNG, LLC v. … Given that the Ordinance is not immune from preemption, the Court now turns to the merits of Algonquin’s claim.

ACA International v. Maura Healey

District Court, D. Massachusetts · May 6, 2020

This is for important reasons of Eleventh Amendment sovereign immunity as well as respect for comity among sovereign judicial systems. … examples the Prison Litigation Reform Act’s (PLRA) requirements that inmates exhaust available administrative remedies before filing a lawsuit in federal court (i.e., prisoner must complete an application to qualify

Players1st Sports Management Group - SMG v. National Football League

District Court, D. Massachusetts · Sep 26, 2018

Dickey alleges that he observed disparity in treatment of new and “minority” agents, secret meetings and agreements between established agents and the NFLPA, and practices that permitted established agents to avoid decertification … In these ways, the Regulations and Three Year Rule contained therein are “clearly designed to promote the union’s legitimate self-interest.” H.A. Artists, 451 U.S. at 721; see also Collins v.

Flagstar Bank, FSB v. Kozak

District Court, D. Massachusetts · Sep 26, 2023

Kozak further asserts that Flagstar has not established sufficient interest in the alleged controversy to pursue a foreclosure action, i.e., it lacks standing. … The uncontested facts clearly establish that Flagstar is the legal owner of the Note and that the Mortgage was validly assigned to it.

Aronson v. Advanced Cell Technology, Inc.

902 F. Supp. 2d 106 · District Court, D. Massachusetts · Sep 28, 2012

In the case of Engstrom, ACT clearly had obligated itself to issue his Warrants at the price of $0.25 per share before the Pricing Period and well before the plaintiffs even entered into their own agreements. … To qualify as ‘strong’ ... an inference of scienter must be more than merely plausible or reasonable — it must be cogent and at least as compelling as any opposing inference of nonfraudulent intent.” Tellabs, Inc. v.

Liberty Mutual Insurance Company v. Broan-Nutone, LLC

District Court, D. Massachusetts · Apr 26, 2024

At most, Liberty offhandedly remarks in its opposition to Broan’s Daubert motion that the steel divider in the connection junction box clearly was not smooth based on photographs taken after … As such, Liberty cannot establish the existence of an implied warranty of fitness for a particular purpose and therefore cannot prove a breach of such a warranty. 4.

Courtemanche v. General Services Administration

172 F. Supp. 2d 251 · District Court, D. Massachusetts · Nov 13, 2001

A two-part test has been established to assess ripeness in the context of a declaratory judgment action. See Abbott Labs., 387 U.S. at 149 , 87 S.Ct. 1507 . … She need not show, therefore, the likelihood of repetition of the injury in order to establish standing.

Kaiser v. Kirchick

District Court, D. Massachusetts · Jan 20, 2022

Thus, in asserting the privilege, Rudnick bears the burden of establishing these elements. See Clair, 982 N.E.2d at 41 n.28. … Rudnick has failed to establish the first element of the common interest doctrine.

United States v. Sampson

148 F. Supp. 3d 75 · District Court, D. Massachusetts · Sep 8, 2015

It- will not be possible to establish a new schedule for the retrial until the motion for my recusal is finally resolved. II. … Nor can a new schedule be established until the motion for my recusal is finally resolved.

Lucas v. New Penn Financial, LLC

District Court, D. Massachusetts · Jan 31, 2019

The January 11 letter asserted that Plaintiffs’ “financial and other information indicates that although [Plaintiffs] may have a hardship, [Plaintiffs] do not qualify for a loan modification Trial Period Plan. … 1692d prohibits debt collectors from engaging in “any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt,” 4 Although the Complaint does not clearly

Edmund E. Ward v. Ernst J. Schaefer, MD

District Court, D. Massachusetts · Jun 7, 2022

District courts are “bound by the limitations” established by § 1920, and costs not listed under that section may not be awarded. See Crawford Fitting Co. v. J.T. … “Litigation qualifies as ‘vexatious’ if it is ‘harassing or annoying, regardless of whether it is intended to be so.’” Lamboy-Ortiz v. Ortiz-Velez, 630 F.3d 228, 245 (1st Cir. 2010) (quoting Cruz v.

Hawkinson v. Immigration and Customs Enforcement

District Court, D. Massachusetts · Aug 12, 2021

Thus, they are clearly drafted for a party in anticipation of further litigation in the Pereira Brito case. … But even assuming it did, DHS clearly met that requirement.

Gautreau v. Hopkinton Public Schools

District Court, D. Massachusetts · Apr 19, 2018

acceptable level; (3) was terminated; and that (4) his employer sought to fill his position by hiring a similarly qualified individual. … The record clearly chronicles plaintiff’s deteriorating relationship with Keller, but contains scant evidence of discrimination animating that deterioration.

Pizza Hazel, Inc. v. American Express Company

District Court, D. Massachusetts · Sep 19, 2025

Plaintiffs do not challenge this established legal principle; rather, they submit that the Agreement also presents a clear instance of “unfair surprise,” which in turn establishes procedural unconscionability. … Here, Judge Boal’s May 19, 2025 order is neither clearly erroneous nor contrary to law.

Sony BMG Music Entertainment v. Tenenbaum

721 F. Supp. 2d 85 · District Court, D. Massachusetts · Jul 9, 2010

Since he admitted engaging in conduct that clearly constituted copyright infringement at trial, I directed judgment in the plaintiffs’ favor on this issue. … When one of the developers of Gnutella pointed out to the committee members that they might be engaging in copyright infringement, Senator Hatch responded that their downloading and public performance of the Creed song qualified