Case law

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

Alphonse v. Moniz

District Court, D. Massachusetts · Jan 31, 2022

Specifically, he alleges that his convictions do not qualify as crimes of moral turpitude, controlled-substance offenses, or aggravated felonies. … Cyr, where the Supreme Court found that § 1252(b)(9) did not “clearly apply to actions brought pursuant to the general habeas statute” because the term “judicial review” did not encompass habeas relief. 533 U.S. at 313

Tomaz v. Max Ultimate Food, Inc.

District Court, D. Massachusetts · Sep 14, 2020

Because of the parties’ conflicting measurements of Tomaz’s time off in hours versus days, and the fact that MAX’s records fail to clearly differentiate between sick days and vacation time, this seemingly inconsequential … [F]or example, assistant managers in a retail establishment who perform exempt executive work such as supervising and directing the work of other employees, ordering merchandise,

Ministeri v. AECOM Technology Corporation

District Court, D. Massachusetts · Feb 10, 2021

Ministeri worked as much or as effectively as prior to his illness, but whether he continued to qualify under the Group Policy. The record establishes that Mr. … They do not, as Reliance argues, establish a cap on total recovery.

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).

Bek v. Wells Fargo Home Mortgage

District Court, D. Massachusetts · Sep 7, 2018

sources of information, and (ii) those facts suffice to establish the affirmative defense with certitude.” … Bek’s amended complaint clearly fails to meet the particularity requirement of Rule 9(b).

Crimson Galeria Limited Partnership v. Healthy Pharms, Inc.

District Court, D. Massachusetts · Aug 21, 2018

Michigan Medical Marihuana Act that immunizes registered qualifying patients from penalty for specified medical marijuana use). May 4, 2017). … DeMauro, 115 F.3d 94, 98 (1st Cir. 1997), but the benefit or need for one here has not been established.

Lee v. Bank Of America

District Court, D. Massachusetts · Jan 9, 2024

Daluz, 434 Mass. at 45.4 All three elements are clearly satisfied here. … Section 1983 establishes liability for any person acting under the color of state law who deprives any United States citizen of “any rights, privileges, or immunities secured by the Constitution and laws.” 42 U.S.C. §

Keith

District Court, D. Massachusetts · Mar 30, 2026

Keith’s profile, which HarbourVest received, was “appropriately focused on her technical industry experience,” and it clearly listed the gap in her career. … He also “contrast[ed] his own youth and local ties with [Keith’s] established family obligations.” Id. ¶ 248.

In re Organogenesis Securities Litigation

241 F.R.D. 397 · District Court, D. Massachusetts · Mar 15, 2007

only that “[t]he moving party must show first that the interests of the representative party will not conflict with the interests of any of the class members, and second, that counsel chosen by the representative party is qualified … the terms of this letter from Milberg Weiss and to find “such fine shading of words” disturbing. 68 Milberg Weiss asserts it would be unreasonable to conclude it was trying to misrepresent anything, as Schulman’s name is clearly

Raheb v. Delaware North Companies, Inc. - Boston

District Court, D. Massachusetts · Jul 7, 2023

What qualifies as a reasonable time period is a question of fact, but where the basic facts are undisputed, it may become a question of law. Segal v. Aetna Cas. & Sur. Co., 337 Mass. 185, 188 (1958). … Count 2 clearly 5 The court in Gorelick v. Star Markets Co., Inc., 102 Mass. App.

Parzenn Partners LLC v. Baran

District Court, D. Massachusetts · Sep 29, 2020

On April 26, 2019, USCIS issued an RFE regarding inter alia whether Shah’s position as an Operations Research Analyst/Consultant qualified as a “specialty occupation” within the meaning of the Immigration and Nationality … Eisner provides generic descriptions of analytical and modeling methods that are not clearly tied to Plaintiff’s business or clients beyond Eisner’s comments that “the proposed Operations Research Analyst/Consultant position

Scott v. Union Bank and Trust Company

District Court, D. Massachusetts · Dec 12, 2024

Although ordinarily, “a plaintiff who seeks to bring her suit in a federal forum bears the burden” of establishing subject-matter jurisdiction, Klimowicz v. Deutche Bank Nat’l Tr. … In addition, no party questions that UBT, GRIPA, and PHT qualify as “primary defendants” under CAFA.

Pall Corp. v. Micron Separations, Inc.

792 F. Supp. 1298 · District Court, D. Massachusetts · Apr 24, 1992

The Marinaccio et al. disclosure clearly teaches one not to use a solution which contains a visible precipitate. … Clearly the understanding of microfiltration at that time was vastly less sophisticated than it is now. The efforts of Dr.

Johansen v. Liberty Mutual Group Inc.

District Court, D. Massachusetts · Oct 2, 2019

The mere failure to sign is insufficient to establish that there was not a contract. … The provision is clearly not intended to be understood solely to cover those instances in which there is an actual determination of a violation.

United States v. Patriarca

807 F. Supp. 165 · District Court, D. Massachusetts · Aug 19, 1992

As I clearly recognize, this case does not involve § 1B1.3(a)(2). … This, too, was a circumstance clearly foreseeable and adequately considered by the Sentencing Commission.

Preston v. World Travel Holdings, Incorporated

District Court, D. Massachusetts · Jul 15, 2024

P. 23(a)(4), because Preston’s interests “will not conflict with the interests of any of the class members” and her chosen counsel “is qualified, experienced and able to vigorously conduct the proposed litigation,” Andrews … At a minimum, the “notice must clearly and concisely” describe to class members “(i) the nature of the action; (ii) the definition of the class certified; (iii) the class claims, issues, or defenses; (iv) that a class member

Suzuki v. Abiomed, Inc.

District Court, D. Massachusetts · Jan 4, 2019

Bus Lines, Inc., 386 Mass. 877, 884 (1982), or that the compensation was “clearly connected to work already performed” by the employee, Harrison v. … Massachusetts case law requires, however, that the commissions to which an at-will employee claims entitlement be clearly related to the employee's past service.” Id.

Wade v. Clayton

District Court, D. Massachusetts · Jun 7, 2019

While some of his testimony may cross into specialized areas of technical expertise covered by Rule 702, the Court cannot assess whether he is qualified to offer that testimony based … Second, the undisputed material facts do not establish negligence on the part of Third-Party Defendants.

Egenera, Inc. v. Cisco Systems, Inc.

District Court, D. Massachusetts · May 22, 2019

On the other hand, one does not qualify as a joint inventor by merely assisting the actual inventor after conception of the claimed invention. … The evidence clearly and convincingly demonstrates that Schulter is an inventor of the ’430 patent.