Case law

Couch v. Berryhill

District Court, D. Massachusetts · Jun 3, 2019

It is well-established that when reviewing the ALJ's decision, the court should not consider additional evidence that was never presented to the ALJ. … Ishaque’s opinion is added to the mix, the ALJ's decision clearly becomes contrary to the weight of the evidence. However, Dr.

Carnevale v. The Boeing Company

District Court, D. Massachusetts · Feb 6, 2019

The fact that the jury reduced its award by a third establishes that it considered the issue of mitigation, and reasonably concluded that Ms. … (Id. at 56-57, 62-63).12 The jury was clearly focused on the issues in this case from the outset.

In Re Centennial Technologies Litigation

52 F. Supp. 2d 178 · District Court, D. Massachusetts · May 14, 1999

And, the courts have tended to read congressional statutes that impose tort-like liability to embrace at least some of these well established common law agency principles, where language permits and doing so furthers basic … Whenever a single person is reading deposition testimony, in order to enable *191 jurors and the reporter to understand clearly, the reader will say “Question” before each question is read and “Answer” . before each answer

Kendall v. Bureau of Prisons

District Court, D. Massachusetts · Oct 17, 2018

He also noted that the mass was “clearly getting smaller” and was 6 cm from the opening of the stoma “while [Plaintiff was] lying flat.” Id. Based on his observations, Dr. … He recommended three colorectal surgeons at Beth Israel Deaconess who are qualified to work with K-pouches: Peter Mowschenson, Vitaliy Poylin, and Tom Cataldo. Id. at 120:18-25. D.

Marion Family Chiropractic, Inc. v. Seaside Family Chiropractic, LLC

District Court, D. Massachusetts · Apr 4, 2022

The purchase included the existing client base and goodwill established over many years of operation. Id. ¶ 5. … Lastly, Marion Family has clearly alleged that Tam used improper means to acquire the information.

Securities and Exchange Commission v. Sharp

District Court, D. Massachusetts · Jun 17, 2024

See, e.g., Gasarch’s Opp’n 10 (“Clearly, given the length of time and the number of accounts and activities, Mrs. Gasarch was compensated for supporting Mr. … As such, the first four of the five violations by Kelln, this Court finds, qualify as Tier III violations.

Doe v. Attleboro Public Schools

960 F. Supp. 2d 286 · District Court, D. Massachusetts · Mar 14, 2013

As to the Morgan memorandum, the Court cannot say that the Hearing Officer’s findings, clearly articulated in the December 16 Decision, that she found Morgan to be a credible and persuasive witness are erroneous where she … A qualifying prevailing party under the IDEA is eligible to receive attorney’s fees, but is not “automatically entitle[d]” to the full amount spent throughout the course of the action or proceedings. Gary G. v.

Williams et.al.v. Devos

District Court, D. Massachusetts · Oct 24, 2018

Treasury has established regulations that govern what must be done before a debt may be referred to TOP. … U.S.C. § 704 (allowing judicial review of agency action “for which there is no other adequate remedy in a court”), and because claims for money damages are not allowed under the APA, 5 U.S.C. § 702 (waiving sovereign immunity

Fattman

District Court, D. Massachusetts · Mar 6, 2026

The plaintiff bears the burden to establish that the federal court has subject-matter jurisdiction. Klimowicz v. Deutsche Bank Nat’l Tr. Co., 907 F. 3d 61, 64 (1st Cir. 2018). … However, § 636(b)(1)(A) also gives district judges the authority to review or reconsider any non-dispositive pretrial matter “where it has been shown that the magistrate judge’s order is clearly erroneous or contrary to

Hayes v. Massachusetts Bay Transportation Authority

District Court, D. Massachusetts · Oct 27, 2020

The Supreme Court has explained that a private entity can qualify as a state actor under a few limited circumstances that include: “(i) when the private entity performs a traditional, … established public policy.”

Radford Trust v. First Unum Life Insurance Co. of America

399 F. Supp. 2d 3 · District Court, D. Massachusetts · Nov 15, 2005

preparation of a brief motion to supplement the record, a two-page response concerning the statement of undisputed facts, and a ten-page reply memorandum in pursuit of a successful motion for partial summary judgment is not clearly … To the extent that Doe remains qualified for continuing receipt of disability benefits after this date, he must comply with such requirements as the Policy imposes.

Tuli v. Brigham & Women's Hospital, Inc.

566 F. Supp. 2d 32 · District Court, D. Massachusetts · Jul 2, 2008

The McDonnell Douglas Framework Under the burden-shifting framework set forth in McDonnell Douglas , a plaintiff establishes a presumption of gender discrimination by establishing 1) that she is a member of a protected class … ; 2) that an adverse employment action was taken against her; 3) that she was otherwise qualified for the position; and 4) that a similarly situated male was treated differently.

Panagopoulos v. Genuine Food Lab, LLC

District Court, D. Massachusetts · Nov 2, 2022

The test to determine whether an individual qualifies as an employee, as set forth in Mass. Gen. … Defendants counter that he grossly overstates his 1 The Court notes that the testimony cited by Plaintiff does not clearly indicate that his activities were controlled by officers of the Company.

Emigrant Residential LLC v. Pinti

District Court, D. Massachusetts · Dec 18, 2023

Emigrant contends that its status as a noteholder is sufficient to establish standing to strike the mistaken discharge. … Defendants Adduced No Evidence of Fraud on the Court “A ‘fraud on the court’ occurs where it can be demonstrated, clearly and convincingly, that a party has sentiently set in motion some unconscionable scheme

Kong v. United States

District Court, D. Massachusetts · Mar 23, 2021

USINS Emps., 164 F.3d 936, 943 (5th Cir. 1999) (“[C]laims that clearly are included within the definition of ‘arising from’ ... … Because the ICE agents violated the mandatory stay, the Government does not enjoy the immunity of Section 1252(g).” Id. Similarly, in Arce v.

Skinner Inc. v. Li

District Court, D. Massachusetts · Mar 10, 2022

In Owen, the Massachusetts Court of Appeals cited cases in which “a waiver was established by the conduct of the parties as they continued to deal after the expiration of the deadline” and in which “a waiver was established … Dealers, museums, and other qualifying parties may be exempt from sales tax upon submission of proper documentation.”).)

Doyle

District Court, D. Massachusetts · Jan 21, 2026

Although time spent performing deliveries for an employer is “clearly compensable” work under FLSA, see Lawson v. Grubhub, Inc., 665 F. Supp. 3d 1108, 1127 (N.D. … Thus, each of Plaintiffs’ unpaid overtime claims would require separate evidence to establish liability.

Millipore Corporation v. Wl Gore & Associates, Inc.

750 F. Supp. 2d 253 · District Court, D. Massachusetts · Sep 20, 2010

The silicone seal, i.e., the equivalent of the cap in the Accused Products, is clearly a structure separate from the rigid rod, i.e., the equivalent of the elongate member in the Accused Products. … This finding alone is sufficient to establish that the Accused Products do not literally infringe Claims 1 and 5 of the477 Patent. See Becton, Dickinson and Co. v.

Gupta v. Jaddou

District Court, D. Massachusetts · Sep 27, 2023

Department of Labor (“DOL”) demonstrating that there are no able, willing, qualified, and available U.S. citizens to fill a particular position. … Plaintiffs assert that § 1252(a)(2)(B)(ii) does not clearly preclude review of inaction. Pl.’s Resp. 4 [Doc. No. 64].

USA, ex. rel., William St. John LaCorte, M.D. v. Wyeth

District Court, D. Massachusetts · Dec 14, 2023

Rule 702 provides that a witness may be qualified as an expert if his or her “scientific, technical, or other specialized knowledge will help the trier of fact to understand the … The record, however, does not establish that what Dr. LaCorte wrote about actually happened.