Case law

Philips North America LLC v. Fitbit LLC

District Court, D. Massachusetts · Jan 27, 2022

of the communication, the place where the relationship was centered at the time of the communication, the needs of the international system, and whether the application of foreign privilege law would be “clearly … immunity provided by this subdivision.”

Lott v. K. Force

District Court, D. Massachusetts · Aug 6, 2019

Indeed, “[c]ourts have repeatedly held that a receptionist does not ordinarily qualify as a corporation’s agent.” Carey Int’l Inc. v. Carey Limo Serv. … In sum, the facts uniformly establish that Rabuffo is not a “managing or general” agent and is not “authorized to receive . . . service of process” for the purposes of either Rule 4(h

Paulding v. Shellpoint Mortgage Servicing

District Court, D. Massachusetts · Jan 11, 2018

Even assuming, however, that such a right of action exists, the statute clearly requires causation (that is, the injury must have been “a result of” the violation). … While hardly a model of clarity, the complaint does plausibly allege that plaintiffs’ loan was of the type that could qualify for a HAMP modification.

Moore v. Ponte

924 F. Supp. 1281 · District Court, D. Massachusetts · May 10, 1996

this Court, Keeton, J., issued an order dismissing counts 1-3 and 5-10 on the ground that they were procedurally barred because the state courts had rejected them on independent and adequate state law grounds, a rejection immune … Even where a derivative constitutional rule is well established, the outcome will be different simply depending upon how the issue is characterized.

Robinson v. National Collegiate Student Loan Trust 2006-2

District Court, D. Massachusetts · Apr 7, 2021

“To show their dispute qualifies, the named plaintiffs must establish standing, meaning they must plausibly 2 In their opposition brief, Plaintiffs concede dismissal of their request for rescission of their loans. … Further, the terms of the Credit Agreement clearly recite an initial interest rate of over 9%.

Wired Infomatics, LLC v. OmniMD

District Court, D. Massachusetts · Jul 30, 2019

As an initial matter, if the MSL is governed by the U.C.C., OmniMD cannot maintain a breach of contract action based on an allegedly defective product without first establishing that any “non-conformity” of the product … AJW Qualified Partners, LLC, 921 N.Y.S.2d 260, 264 (N.Y. App. Div. 2011). “To plead these elements ‘a plaintiff must identify what provisions of the contract were breached as a result of the acts at issue.’”

Fisher v. Harvard Pilgrim Health Care of New England, Inc.

District Court, D. Massachusetts · May 21, 2019

The first of those requirements is that “[e]very employee benefit plan shall establish and maintain reasonable procedures governing the . . . notification of benefit determinations.” 29 C.F.R. § 2560.503-1(b). … While the second letter sent to plaintiff arguably satisfied that requirement, the first letter clearly did not.

Nwachukwu v. Vinfen Corporation

District Court, D. Massachusetts · Nov 4, 2019

Plaintiff must first “establish[] a prima facie case of . . . discrimination.” McDonnell Douglas Corp v. Green, 411 U.S. 792, 802 (1973). … Jul. 27, 2017) (“because [employer’s] contention that [plaintiff] was not qualified [for her job] relies upon its proffered legitimate reason for her termination, the [c]ourt will assume for present purposes that plaintiff

Parker v. New England Oil Corp.

8 F.2d 392 · District Court, D. Massachusetts · Oct 3, 1925

But, in spite of the difficulties, the dominant facts are established beyond reasonable doubt. … But (to repeat) the fundamental question . in this case is not whether the Tanker contract was valid, or voidable for fraud; the crucial question hero is whether this committee was qualified to act, and did act, as the qualified

Rogers, Ph.D. v. Unum Life Insurance Company of America

District Court, D. Massachusetts · Mar 31, 2024

Four months after Unum’s decision, Rogers’ attorney sent Unum a letter from the Social Security Administration (“SSA”) stating that Rogers qualified for disability benefits through the SSA. … Rogers cites to cases where the facts establish that the SSA’s measurement is more rigorous than Unum’s. See U.S. ex rel. Loughren v.

The Satanic Temple, Inc. v. City of Boston

District Court, D. Massachusetts · Jul 31, 2023

All of the evidence submitted suggests that individual City Councilors invited speakers who served their constituents and were active in their communities, and TST did not qualify as such. … Indeed, the evidence clearly conflicts with that conclusion—former Councilor Essaibi-George explained that she was unaware of TST’s activities and community contributions when they sought inclusion in the invocation calendar

Denton v. Boilermakers Local 29

673 F. Supp. 37 · District Court, D. Massachusetts · Oct 1, 1987

If the court did not infer that Denton was working on the rehabilitation in this period, the conclusion that he was reasonably diligent in mitigating the loss caused by defendant’s conduct would be qualified. … The courts have found earnings not to be deductible when they are earned during time periods where the plaintiff clearly would not be working at the job he lost. For example in Behlar v.

Bio-Rad Laboratories, Inc. v. 10X Genomics, Inc.

District Court, D. Massachusetts · Aug 31, 2020

Proc. 13(a) because they qualify as compulsory counterclaims that should have been brought in the 152 Case. Pl.’s Mem. 8 (citing McCaffrey v. … Momenta Pharms., Inc., 850 F.3d 52, 57 (1st Cir. 2017)).2 Bio-Rad counters by saying that these lawsuits are immunized from antitrust scrutiny because lawful petitioning behavior

Compere v. Riordan

District Court, D. Massachusetts · Mar 21, 2019

2004 when the USCIS first discovered its mistake, Compere would have been able to file a timely application for adjustment of status before his 18th birthday, which would have qualified … Taken together, those provisions clearly articulate the intention of Congress to “strip[] federal district courts of jurisdiction to review challenges by aliens to their final

O'Horo v. Boston Medical Center Corp.

District Court, D. Massachusetts · Sep 27, 2023

Vilvendhan was qualified for the role.18 BUMCR subsequently offered Dr. … Under McDonnell Douglas, a plaintiff must first establish a prima facie case for disparate treatment discrimination by showing that: (1) she is a member of a protected class; (2) she is qualified for her job; (3) she has

CSX Transportation, Inc. v. Tri County Recycling, Inc.

District Court, D. Massachusetts · Jul 17, 2019

Tri County, on the other hand, argues that an equitable claim that a successor company is liable for a predecessor company’s debt based on de facto merger principles is a cause of action that “clearly sounds in tort, because … CSX must ultimately prove one of these theories to qualify for an exception to the “general rule of no successor liability.” Nat’l Gypsum Co. v. Cont’l Brands Corp., 895 F. Supp. 328, 336 (D. Mass. 1995).

Escamilla v. Dyck-O'Neal, Inc.

District Court, D. Massachusetts · Jul 10, 2024

Exhibits D, F, G, and I are clearly incorporated into the pleadings and therefore properly part of the record. Compare #43-4 (Ex. … Ct. at 1041 (Sotomayor, J., concurring) (quoting 15 U.S.C. § 1692a(6)); see id. at 1039 (“enforcing a security interest does not grant an actor blanket immunity”).

Rosado v. Saul

District Court, D. Massachusetts · Nov 29, 2021

When Plaintiff returned to the Eye & Lasik Center on November 26, 2018, he reported that he did not see objects clearly (A.R. at 583). … The Legal Standard for Entitlement to DIB In order to qualify for DIB, a claimant must demonstrate that he is disabled within the meaning of the Act.

Securities and Exchange Commission v. Lemelson

District Court, D. Massachusetts · Mar 30, 2022

Lemelson does not recognize the wrongfulness of his conduct or acknowledge when he was clearly wrong (like the statements about Viking). … While Lemelson focuses on actual losses, the SEC is correct that a significant risk of substantial loss is enough to qualify a violation for Tier III penalties.

Yankee Candle Co. v. Bridgewater Candle Co., LLC

140 F. Supp. 2d 111 · District Court, D. Massachusetts · May 14, 2001

To do so, the act must enable “the raising of objectively reasonable claims and defenses, which may serve not only to deter infringement, but also to ensure that the boundaries of copyright law are demarcated as clearly as … As the Third Circuit has stated, “whether a case qualifies as exceptional ultimately turns on consideration of the equities in full.” Id.