Case law

The Phoenix Insurance Company v. Gallagher Asphalt Corporation

District Court, D. Massachusetts · Sep 10, 2019

The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. … These minimal contacts, which have no relation to the Phoenix Policies, the location of the Project or the underlying claims, are clearly insufficient to make Florida law applicable in this case.

Persson v. Boston University

District Court, D. Massachusetts · Feb 25, 2019

I’m out of a job that I am well-qualified for, and well-trained to do.” (DEx. 11). Six weeks later, the plaintiff again emailed Mr. … Here, the evidence in the record clearly supports the assertion that the plaintiff complained about unequal pay between OSP-MED and OSP-CRC.

Ribadeneira v. New Balance Athletics, Inc.

District Court, D. Massachusetts · Sep 27, 2021

Hart Surgical holds that a bifurcated liability judgment may qualify as final when the arbitrating parties have formally agreed to litigate liability and damages in separate, independent stages. … The cases establishing this form of estoppel limit its use to circumstances where a non-signatory wants to compel a signatory to arbitrate, id. at 863, and thus this theory is not available to New Balance in this case.

Smith v. Zoll Medical Corporation

District Court, D. Massachusetts · Mar 31, 2025

At the pleading stage, “the plaintiff must ‘clearly . . . allege facts demonstrating’ each element” of standing. Spokeo, 578 U.S. at 338 (quoting Warth v. Seldin, 422 U.S. 490, 518 (1975)). … All this suffices to establish a nexus with Florida for purposes of the FDUTPA.18 2.

Doe v. Gavins

District Court, D. Massachusetts · Sep 27, 2023

Joseph transferred out of MHS to another BPS pilot school in September 2019, the beginning of his sixth-grade year, before qualifying for placement in a private out-of-district school, where he started in January 2020. … “A funding recipient is deliberately indifferent to . . . harassment when ‘the recipient’s response to the harassment or lack thereof is clearly unreasonable in light of the known circumstances.’

Mason v. Social Security Administration

District Court, D. Massachusetts · Apr 28, 2023

Standard for Entitlement to SSI Benefits In order to qualify for SSI, the claimant must demonstrate that he or she is “disabled” within the meaning of the Social Security Act. 42 U.S.C. §§ 1382 … In addition, the ALJ found that he did not satisfy the “paragraph C” criteria because the “evidence fail[ed] to establish” that criteria. (Id. at 24).

Ackerley Communications of Massachusetts, Inc. v. City of Somerville

692 F. Supp. 1 · District Court, D. Massachusetts · Jul 8, 1988

First Amendment law establishes two basic tracks for review of restrictions on speech. … Aguillard, — U.S. -, 107 S.Ct. 2573 , 96 L.Ed.2d 510 (1987) (establishment clause); Mobile v.

Globalprivatequity.com, Inc. v. The Debt Exchange, Inc.

District Court, D. Massachusetts · Apr 28, 2025

Statutory Framework An invention is generally patentable if it qualifies as a “new and useful process, machine, manufacture, or composition of matter.” 35 U.S.C. § 101. … DebtX has also clearly demonstrated that Claim 1 of the ’418 patent possesses no limitation distinct from those of Claim 1 of the ’444 patent.

Katz v. Liberty Power Corp., LLC

District Court, D. Massachusetts · Sep 24, 2019

concerning identical telephone discussions, TCPA liability 8 Although the government could theoretically have its employees place calls to collect government debt, it does not appear that the government has waived sovereign immunity … Vertical Fitness Grp., 847 F.3d 1037, 1043 (9th Cir. 2017) (“The TCPA establishes the substantive right to be free from certain types of phone calls and texts absent consumer consent.

Hebert v. Vantage Travel Service, Inc.

District Court, D. Massachusetts · Mar 12, 2020

Unjust Enrichment (Count III) To establish a claim of unjust enrichment, a plaintiff must establish the following elements: “1) [a] benefit conferred upon the defendant by the plaintiff … “Which acts will be considered ‘deceptive’ is less clearly defined in the case law . . .

Matthews v. Saul

District Court, D. Massachusetts · Aug 20, 2020

But the ALJ nonetheless clearly considered the evidence of cervical, not just lumbar, DDD. … As a result, she has failed to establish that the challenged medical opinions were based on a significantly incomplete record.

Candra v. Cronen

District Court, D. Massachusetts · Feb 21, 2019

Legal Standard To survive a motion to dismiss under Rule 12(b)(1), the plaintiff has the burden of establishing that subject matter jurisdiction … The First Circuit has authorized courts to bypass complex questions concerning statutory jurisdiction in the immigration context where “precedent clearly adumbrates the results

Hogan v. The InStore Group, LLC

District Court, D. Massachusetts · Jan 11, 2021

The record evidence establishes the contrary. … Contractual Right of Control InStore argues that the Agreement signed between the parties clearly provides that Mr.

United States v. Charles

District Court, D. Massachusetts · Apr 22, 2020

Establishes Office to Denaturalize Immigrants, N.Y. … The only live testimony, that of Charles’s ex-husband, sought to establish the fact of their marriage.

Air Transport Association of America Inc. v. Healey

District Court, D. Massachusetts · Jun 2, 2023

United and JetBlue’s attendance policies have similar provisions for their flight attendants. 11 This allows employers to either establish a system wherein employees accrue MESTL leave incrementally, e.g., accrue one … That MESTL inhibits airlines from implementing this accountability tool logically supports the conclusion that implementing the law will cause employees to call out more often since they are immunized from any discipline

Dizio v. Manchester Essex Regional School District

District Court, D. Massachusetts · Aug 8, 2019

School officials advised her that Jane did not qualify. … “The party seeking exemption bears the burden of establishing that it applies.” Id. (citing Rose, 214 F.3d at 210).

Dizio v. Manchester Essex Regional School District

District Court, D. Massachusetts · Aug 12, 2019

School officials advised her that Jane did not qualify. … “The party seeking exemption bears the burden of establishing that it applies.” Id. (citing Rose, 214 F.3d at 210).

Ebbe v. Concord Investment Services, LLC

District Court, D. Massachusetts · Jul 18, 2019

Since Concorde knew Jill Cody was managing her husband’s accounts during the suspension, the company investigated to ensure she was qualified to do so and conducted a surprise inspection … Westminster Ebbe argues that the panel acted in manifest disregard of the law in denying relief against Westminster because the evidence clearly

Owens v. City of Malden

District Court, D. Massachusetts · Oct 4, 2021

For the Wage Act to apply to private detail work, the Officers must qualify as “employees” under the Wage Act.6 See Malden Police Patrolmen’s Ass’n, 92 Mass. App. Ct. at 63. … That question is not at issue here, however, because the Plaintiffs’ claim in count II of the amended complaint is clearly brought for violation of the Wage Act. See Am.

Cozy, Inc. v. Dorel Juvenile Group, Inc.

District Court, D. Massachusetts · Jun 22, 2023

“The purpose of the ‘specific reference’ requirement is clearly to ensure that someone examining a patent claiming the benefit of one earlier filed is readily able to assess the patent’s priority date.” … The record establishes that Brown was filed in June 1999 and that Balgobin was filed in May 2000. (Id. at COZY_0000001088). It also establishes that the Patent Examiner considered prior art from 1994 through 2010.