Case law

Doe v. UMass - Amherst

District Court, D. Massachusetts · Dec 21, 2023

Ward was not qualified to supervise Plaintiff and the arrangement was for the two to be paired. (Id. ¶ 51.) … Therefore, Plaintiff’s claim of defamation based on the DUA letter is clearly untimely. See id.; Mass. Gen. Laws ch. 260, § 4.

Doe v. Town of Stoughton

District Court, D. Massachusetts · Jul 31, 2020

In order to establish municipal liability for a public employee’s violation of a plaintiff’s constitutional rights, there must be evidence of a municipal custom or policy that caused the constitutional injury. … Defendants seek summary judgment, contending that Miller did not act with deliberate indifference or, alternatively, that Miller is entitled to qualified immunity.

Koch Acton, Inc. v. Koller

District Court, D. Massachusetts · Mar 13, 2024

They contend that each contract is unambiguous and clearly demonstrates that plaintiff lacks standing because it never owned Dynamic Beacon or the client work product. … Information does not need to rise to the level of a trade secret to qualify as protected confidential information.

Fine v. Guardian Life Insurance Company of America

District Court, D. Massachusetts · Mar 25, 2020

established public policy." … For compensation to be considered "due" to an employee under Fortune/Gram and its progeny, the [SJC] has said the employee must have been "on the brink" of achieving a qualifying milestone, Fortune, [364 N.E.2d at 1257]

Project Veritas Action Fund v. Rollins

District Court, D. Massachusetts · Dec 10, 2018

The police officers raised a qualified immunity defense. Id. … It also held that the right was “clearly established,” concluding that “a citizen’s right to film government officials, including law enforcement officers, in the discharge of

United States v. United Shoe MacHinery Corp.

110 F. Supp. 295 · District Court, D. Massachusetts · Feb 18, 1953

Possibly, though less clearly, United’s patents blocked Henne and Preo. … It was established, and has been modified by, written notices to lessees.

Blaney v. Berryhill

District Court, D. Massachusetts · Oct 21, 2020

“The burden of showing that the position was substantially justified is on the government, and both the underlying agency position and the government’s litigation position must qualify as substantially justified to avoid … As the fee applicant, Blaney “bears the burden of establishing entitlement to an award and documenting the appropriate hours expended and hourly rates.” Hensley, 461 U.S. at 437.

United States v. Study Across The Pond, LLC

District Court, D. Massachusetts · Mar 19, 2025

and the Incentive Compensation Ban In order to foster access to higher education, Congress enacted Title IV of the Higher Education Act (“the HEA” or “the Act”), which established … As to whether Plaintiff has adequately pled that SATP does not qualify as a Bundled Services Provider, the Court finds that Plaintiff has carried its burden at this stage of the litigation.

Abiomed, Inc. v. Maquet Cardiovascular LLC

District Court, D. Massachusetts · Jun 15, 2023

Again, even assuming that the thesis should be excluded as a discovery sanction, Maquet has not established that summary judgment is therefore warranted. … Entries in these lab notebooks before the September 3, 1999 filing of the [‘]249 application clearly evidence that the inventors had conceived of the claimed invention at least by that time.

Minuteman Health, Inc v. United States Department of Health and Human Services

District Court, D. Massachusetts · Jan 30, 2018

Those articulated reasons have a clearly rational connection to HHS’s choice. … Failure to Account for Partial-Year Enrollment In order to qualify for an HCC, an enrollee must be diagnosed with an HCC-qualifying condition during the time he or she is enrolled in the plan.

BitSight Technologies, Inc. v. NormShield Inc.

District Court, D. Massachusetts · Sep 20, 2024

If the advertisement is literally false, then a violation of the Lanham Act may be established “without evidence of consumer deception.” Cashmere, 284 F.3d at 311. … But where Black Kite identified allegedly “partial” integrations with 2 To the extent that BitSight pleads establishment claims in the alternative, [Doc.

Rivera v. Safway Services, LLC

District Court, D. Massachusetts · Apr 23, 2025

. § 1332(a) depends on these expert opinions to establish damages exceeding $75,000, the amount in controversy required by the statute, the defendants also argue that exclusion of these experts’ testimony … Rule 702 provides that a qualified expert may offer opinion testimony if “it is more likely than not that: (a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand

Bendaoud v. Hodgson

578 F. Supp. 2d 257 · District Court, D. Massachusetts · Sep 24, 2008

Despite the fact that it is the defendants’ motion, the plaintiff bears the burden of establishing jurisdiction. Id. III. … Fine, 444 F.3d 478, 486 (6th Cir.2006) (“Whether a person or entity qualifies as a fiduciary is ... a mixed question of law and fact....”).

Boothroyd Dewhurst, Inc. v. Poli

783 F. Supp. 670 · District Court, D. Massachusetts · Jun 12, 1991

In light of this evidence, it is appropriate to qualify slightly the Magistrate’s statement of fact. … The motion clearly suggested that the remaining subject matter to be covered in these depositions would not be germane to the motions for summary judgment.

Czerwienski v. President and Fellows of Harvard College

District Court, D. Massachusetts · Mar 27, 2023

Kilburn to Plaintiffs and have not established that the notes were not edited following the interview such that they would not qualify as a recorded recollection. … “Kilburn cannot produce ‘specific facts,’ sufficient to establish that Harvard’s belief was not reasonable” since Ms.

Yaghoobi v. Tufts Medical Center

District Court, D. Massachusetts · Jan 13, 2025

Among other things, the ADA prohibits an employer from discriminating against “a qualified individual on the basis of disability in regard to the “advancement” or “discharge” of an employee … The defendants argue that the amended complaint does not plead sufficient facts to establish that any alleged privacy violation was unreasonable and either substantial or serious.

Meuse v. National P.I. Services, LLC

District Court, D. Massachusetts · Sep 13, 2024

As this Court previously held in this matter, “[m]ultiple courts have found that dismissed charges—like Plaintiff's—qualify as adverse information under the FCRA.” Meuse v. Nat'l P.I. … This evidence is sufficient to establish a violation of chapter 151B, § 4(9) as a matter of law.

Martins

District Court, D. Massachusetts · Jan 30, 2026

She alleges without citation that “[t]he Openforce [TPA A]greement clearly states that Openforce is acting an [sic] ‘agent’ to sign-up Carriers such as Ms. Martins to perform ‘carrier services,’ i.e. … She also argues that the forum selection clause cannot be enforced because the condition precedent for enforcement has not been established. [Id.].

United States v. Tisbury Towing and Transportation Co. Inc.

District Court, D. Massachusetts · Jul 25, 2019

Tisbury further argues that the Corps’s process to solicit bids for the Hurricane Barrier was flawed because it was limited to certain qualifying entities, resulting in an unreasonably higher price. Doc. … Given the totality of these circumstances, in which wooden fenders clearly go missing without immediate replacement, the Court finds that the government has not demonstrated by a preponderance of the evidence that more

United States v. $100,000 in United States Currency

District Court, D. Massachusetts · Mar 30, 2018

Traveling on a guest/buddy pass does not immunize same day travel from careful analysis regarding its purposes. … Ormond, as the claimant, does not qualify as an innocent owner under 18 U.S.C. § 983(d).