Case law

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.

Crowell v. Ionics, Inc.

343 F. Supp. 2d 1 · District Court, D. Massachusetts · Nov 3, 2004

First, the absence of stock trading profit does not establish the absence of a scheme to profit through insider trading. It only establishes the absence of a successful scheme. … It is improper to place losses on a subsidiary’s books that clearly belong either to the parent or to another entity; Crowell thus alleges something more than a good-faith dispute.

George Hyman Construction Co. v. Gateman

16 F. Supp. 2d 129 · District Court, D. Massachusetts · Sep 2, 1998

The frenzy at the 88 Broad offices had now clearly extended to the job site, and the end was near. Everyone wanted to find DeFeo by the beginning of February, but he was harder to locate than ever. … More importantly, the Court concludes that the January transfer to Calvesco does not qualify as a siphoning of assets by the individuals sufficient to support impaling them.

Black Voters v. McDonough

421 F. Supp. 165 · District Court, D. Massachusetts · Oct 6, 1976

This approach involved a first-time effort to reach out into the community to find and register qualified but unregistered voters. In the fall of 1964, Edward W. … The citizens of Boston have established this election system.

Pierce-Cooke v. Wheeler

District Court, D. Massachusetts · Nov 20, 2024

of an unfair act or practice[,]” courts look to: (1) whether the conduct is within ‘at least the penumbra of some common-law, statutory, or other established … What conduct qualifies as “deceptive” “is less clearly defined in the case law[,]” Incase Inc. v.

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.

Boston Scientific Corp. v. Cook Inc.

187 F. Supp. 3d 249 · District Court, D. Massachusetts · Apr 22, 2016

Taylor does not even attempt to provide the perspective of a person of ordinary skill in the art in 1993, nor has he demonstrated that he is qualified to even render an opinion on this point” because he “has not demonstrated … No component of the claim *296 establishes a “method” and the claim is not indefinite within the holding of IPXL Holdings.

Doe Ex Rel. Doe v. Hampden-Wilbraham Regional School District

715 F. Supp. 2d 185 · District Court, D. Massachusetts · May 25, 2010

III at 1422, 1442) without an established, reported baseline. … Here, clearly there has not been a “complete” failure to implement.

United States v. Sampson

275 F. Supp. 2d 49 · District Court, D. Massachusetts · Aug 11, 2003

This conclusion is not qualified by the fact that Sampson does not claim to be actually innocent himself. … As Judge Ponsor wrote: In his opening, the prosecutor promised that the jury would hear a nationally renowned expert opine that post-mor-tem examination clearly revealed epinephrine poisoning.

Ciolino v. Keystone Shipping Co.

District Court, D. Massachusetts · Feb 1, 2024

Jan. 13, 2022) (declining to strike a paragraph from an affidavit where the statement did “not clearly contradict the deposition testimony”). … Asbestos exposure or the presence of asbestos on the vessel qualifies as an unseaworthy condition. See Austin v.

New England Biolabs, Inc. v. Miller

District Court, D. Massachusetts · Nov 23, 2020

When bringing a suit under § 1132(a)(3) for monetary relief, a plaintiff must establish injury-in-fact. See, e.g., Perelman v. … “The key determinant of whether a person qualifies as a functional fiduciary is whether that person exercises discretionary authority in respect to, or meaningful control over, an ERISA plan, its administration, or its

United States v. Green

346 F. Supp. 2d 259 · District Court, D. Massachusetts · Jun 18, 2004

If our criminal laws were still defined by the common law, rather than by statute, judicial definitions of elements, defenses, and sentencing factors would presumably not be immune from scrutiny under Apprendi and Ring. … established federal law).

Arbogast v. Pfizer

District Court, D. Massachusetts · Feb 9, 2023

“Section 1983 supplies a private right of action against a person who, under color of state law, deprives another of ‘any rights, privileges, or immunities secured by the Constitution and [federal] laws.’” Gray v. … “Conduct qualifies as extreme and outrageous only if it ‘go[es] beyond all possible bounds of decency, and [is] regarded as atrocious, and utterly intolerable in a civilized community.’”

HC&D, LLC v. Cashman Equipment Corp.

District Court, D. Massachusetts · Sep 29, 2023

Finally, severance may be “neither clearly warranted nor clearly disallowed and is therefore committed to the court's discretion.” Id. at 405. … To qualify as “indispensable,” “a party must also be a ‘required’ party under Rule 19(a).” In re: Howmedica Osteonics Corp, 867 F.3d at 408.

Green v. D2L LTD

District Court, D. Massachusetts · Sep 15, 2023

Both men qualified as “executive management,” and so were capable of invoking the windfall clause. See Def.’s Mem. SJ, Ex. 3 [Doc. No. 147-3]. … But that statement as to Theriault’s expectations as to the amount does not establish an enforceable contract.

Sign-A-Way, Inc. v. Mechtronics Corp.

12 F. Supp. 2d 132 · District Court, D. Massachusetts · May 29, 1998

Hoffman is an impressively qualified entrepreneur with a distinguished background in finance and marketing. Perhaps even more relevant to this case, Mr. … These contentions, in effect, ask this court to make rulings on questions of law that the findings of the jury mooted and that the final judgment clearly and completely adjudicates.

McDermet v. DIRECTV, LLC

District Court, D. Massachusetts · Jan 21, 2021

However, even assuming that the callers qualify as “unavailable” under Rule 804(a), he has not shown that any of the exceptions in Rule 804(b) apply. … In any event, the record fails to establish that defendants ratified the actions of the retailers.

Bassett v. Jensen

District Court, D. Massachusetts · May 11, 2020

The designs on the tabletops also qualify to the extent the color and placement of the stenciled designs are original to Bassett. See Star Athletica, L.L.C. v. … It found that “the principal four-to-five-second segment in which almost all of the poster is clearly visible, albeit in less than perfect focus, reenforced [sic] by the briefer segments

Corrigan v. Barnhart

352 F. Supp. 2d 32 · District Court, D. Massachusetts · Dec 21, 2004

Accordingly, he recommended that Corrigan seek further evaluation from a qualified back surgeon. Id. On April 29, 1997, Dr. … If so, the Commissioner must then establish that the claimant is able to engage in gainful activity before making a determination that the disability has ended. Id. § 404.1594(c)(3)©.

Powell v. Pittsfield, City of

District Court, D. Massachusetts · Dec 14, 2020

Plaintiff expected this injury to qualify for injury on duty (“IOD”) status, but the City of Pittsfield determined it did not. … As to the § 1985 conspiracy claim in particular, the Municipal Defendants would be entitled to qualified immunity under the principles of Ziglar v. Abbasi, 137 S. Ct. 1843, 1867-69 (2017). (See Dkt. No. 172 at 28.)