Case law

Daniels v. Alvaria, Inc.

District Court, D. Massachusetts · Feb 23, 2024

The commission must be “clearly related to an employee’s past service,” rather than payment for work that had not yet been performed. Gram I, 384 Mass. at 672. … A plaintiff need not plead facts sufficient to establish “a prima facie case . . . in order to survive a motion to dismiss,” Swierkiewicz v. Sorema N.

Sterilite Corporation v. Olivet International, Inc.

District Court, D. Massachusetts · Sep 30, 2024

Olivet first contends that Sterilite cannot establish non-functionality. … Established Place in the Market. Finally, Sterilite has offered some evidence of its products’ established place in the market.

Aqeel

District Court, D. Massachusetts · Jan 16, 2026

Hennis Care Ctr. of Bolivar, Inc., 951 F.3d 769, 774 (6th Cir. 2020) (“Under Rule 41(a)(1)[A(i)], a qualifying plaintiff has an absolute right to withdraw its action and, once a notice of dismissal is filed, a district … Stanifer, 564 F.3d at 459 n.1 (noting that “case law in this circuit” clearly provides that plaintiff has the burden of establishing jurisdiction and that “in the absence of the ability to establish jurisdiction in the

Wang Yan v. ReWalk Robotics Ltd.

District Court, D. Massachusetts · May 16, 2019

The complaint clearly alleges that the Securities Act claims and the Exchange Act claims are based on different theories: the Securities Act claims are based on an alleged failure to disclose the reason the FDA required … applicable statute of limitations [here], where class counsel mistakenly believed that [the lead plaintiff] had standing to assert his claims, and no prejudice to the defendants will result from allowing the substitution of qualified

Kaiser v. Kirchick

District Court, D. Massachusetts · Dec 16, 2021

,’ and (2) ‘suffice to establish the affirmative defense with certitude.’” … “Under the [anti-SLAPP] statute’s broad definitions,” the procurement and transmittal of no-trespass orders can indeed qualify as petitioning activities.

Brocklesby v. Saul

District Court, D. Massachusetts · Oct 25, 2021

An impairment which “‘manifests only some of those criteria, no matter how severely, does not qualify.’” Zebley, 493 U.S. at 530 (citation omitted). … The ALJ discounted plaintiff’s statements about his impairments as more limited than established by the substantial evidence in the record, and he further stated that the medical

The Meadows at Mainstone Farm Condominium Trust v. Strathmore Insurance Company

District Court, D. Massachusetts · Sep 28, 2018

May 7, 2015) (“experts may opine as to industry customs and practices, if sufficiently qualified”). … The proposed amended complaint alleges that “notwithstanding the passage of time,” defendant failed to pay the “claim once liability and damages” became “clearly established.”

Gour v. Berryhill

District Court, D. Massachusetts · Jan 27, 2020

Supp. 2d at 142, is clearly distinguishable. … Here, in contrast, the treatment records clearly established that the date of onset of a disability, if any, was after Plaintiff's DLI. Consequently, the ALJ was not required to consult a medical advisor.

McClain v. Cape Air

District Court, D. Massachusetts · May 22, 2023

Under Massachusetts law, “a contract provision that clearly and reasonably establishes liquidated damages should be enforced, so long as it is not so disproportionate to anticipated damages as to constitute a penalty.” … As to the First Officer Plaintiffs, Cape Air promised to provide “the necessary experience to successfully obtain [their] ATP certificate and qualify [them] as Captain for Cape Air.” See, e.g., D. 32-1.

Hootstein v. Amherst-Pelham Regional School Committee

District Court, D. Massachusetts · Feb 11, 2019

Regardless of whether the First Circuit even explicitly recognizes this “state-created danger theory,” the theory clearly does not apply under these facts. … Neither clearly answers the question. Enos involved plans to construct a sewage treatment plant. See 432 Mass. at 133.

I. A. v. Commissioner of the Social Security Administration

District Court, D. Massachusetts · Jan 3, 2024

In addition, she found that she did not satisfy the “paragraph C” criteria because the “evidence fail[ed] to establish” that criteria. (Id. at 67). … However, both doctors clearly did find a severe impairment. (Id. at 119, 167).

Overjet, Inc. v. VideaHealth, Inc.

District Court, D. Massachusetts · Jul 19, 2024

Supp. 2d 196, 209 (D.P.R. 2004), aff’d, 645 F.3d 464 (1st Cir. 2011) (once ownership of a valid copyright has been established, courts then need to establish whether illicit copying occurred and, in so doing, “must initially … It is not obvious that the alleged misrepresentations are necessary for Videa’s product to qualify as innovative software or to be competitive in the dental AI space. Cf.

Monahan Products LLC v. Sam's East, Inc.

District Court, D. Massachusetts · May 20, 2020

It seems true that as a factual matter UPPAbaby has occasionally extended its warranty to strollers that do not otherwise qualify. … In short, Sam’s Club has not established that there is a genuine factual dispute as to whether there was any difference in warranty coverage.

Ayala v. Medeiros

District Court, D. Massachusetts · Oct 27, 2022

§ 2254(d)(2) and, furthermore, adjudication of this claim “resulted from an unreasonable application of clearly established federal law” under the Sixth Amendment to the U.S. Constitution and Strickland v. … First, Petitioner may show the state court’s decision is “contrary to” clearly established federal law if the state court applied a legal rule that contradicts the rule established by Supreme Court precedent or if it “reache

In re Boston Scientific Corporation Securities Litigation

District Court, D. Massachusetts · Dec 20, 2022

Boston Scientific made a “Qualified Acquisition” in 2019 and ended the year with a debt leverage ratio of 4.75. … at 307-308(“spotty and vague” accounts from unnamed former employees will not establish scienter).

John Beaudette, Inc. v. Sentry Insurance a Mutual Co.

94 F. Supp. 2d 77 · District Court, D. Massachusetts · Nov 2, 1999

It is only "[wjhen an interested witness has given clear answers to unambiguous questions” that "he cannot create a conflict and resist summary judgment with an affidavit that is clearly contradictory,” absent "a satisfactory … This argument, however, presupposes plaintiffs establishing coverage and Sentry failing in its burden of establishing an effective exclusion.

Ferraro v. Telia Carrier U.S., Inc.

District Court, D. Massachusetts · Sep 30, 2022

There is no evidence that LimoLink requested or required that the drivers establish separate businesses to avoid the reach of the statute. … For example, “an employee whose primary duty is selling financial products does not qualify for the administrative exemption.” 29 C.F.R. § 541.203(b).

Fidelity International Currency Advisor a Fund, LLC v. United States

747 F. Supp. 2d 49 · District Court, D. Massachusetts · Oct 18, 2010

(Ex. 3566). 105.In her April 27 memorandum, Denby also addressed the audit risks, as follows: These transactions clearly take advantage of “loopholes.” … Among other things, the memorandum listed as a discussion topic the fact that “we would like to establish a business relationship with [Samuel Mahoney]— would like a tel con with him — at least a profile of him to establish

Tiede v. Seneca Specialty Insurance Company

District Court, D. Massachusetts · Mar 15, 2019

The policy defined “you” and “your” as “the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy.” … “A violation of [Chapter 176D Section 3(9)] . . . establishes a violation of [Chapter 93A] unless the injured party is ‘engage[d] in the conduct of any trade or commerce.’”

Maquet Cardiovascular LLC v. Abiomed, Inc., Abiomed R&D, Inc., and Abiomed Europe GmbH

District Court, D. Massachusetts · May 12, 2026

That gatekeeping function requires that the court consider three sets of issues: (1) whether “the proposed expert is qualified by ‘knowledge, skill, experience, training or education’”; (2) whether the subject matter … But other parts of the survey clearly referred to the Impella, including a question asking whether the Impella performed “very well,” “somewhat well,” “not very well,” or “not at all well” on each of the relevant attributes