Case law

Abiomed, Inc. v. Maquet Cardiovascular LLC

District Court, D. Massachusetts · Jun 15, 2023

Clearly, I knew people were discussing it, but I thought it is not possible technologically. … At the very least, Maquet has established that there is a genuine dispute of fact as to what a person of ordinary skill would recognize from the specification.

Mazurek v. Seres Therapeutics, Inc.

District Court, D. Massachusetts · Mar 30, 2018

Corp., 82 F.3d 1194, 1217 n.31 (1st Cir. 1996) (citing In re Clearly Canadian Secs. Litig., 875 F. Supp. 1410, 1420 (N.D. Cal.1995)), superseded by statute on other grounds, 15 U.S.C. § 78u–4(b)(1). … First, Plaintiffs contend that they specifically allege that the Pomerantz statement about high probability of success was qualified by stating that his belief was supported by clinical data he had seen that indicated a

Gammon v. Reliance Standard Life Insurance Company

District Court, D. Massachusetts · Mar 12, 2020

Gammon was required to show that, solely because of physical disability, she could not work any job at all for which she was reasonably qualified. Reliance Standard approved Ms. … The surveillance does not necessarily establish that Ms. Gammon could work a full-time job.

DeCepeda v. Berryhill

District Court, D. Massachusetts · Aug 6, 2018

Standard for Entitlement to Social Security Disability Insurance In order to qualify for SSDI, a claimant must demonstrate that he or she is disabled within the meaning of the Social Security Act.1 A claimant is disabled … The questionnaire does not include any clearly expressed opinions about the effect of depression on Plaintiff’s ability to work (id. at 304-05).

Belezos v. Board of Selectmen of Hingham, Massachusetts

District Court, D. Massachusetts · Nov 27, 2019

Finally, with respect to appointment of class counsel, plaintiff contends that “Zotos is qualified, experienced and able to litigate this case” pursuant to Rule 23(g). … This suffices to establish commonality. C.

Shea v. Millett

District Court, D. Massachusetts · Nov 10, 2020

The evidence clearly demonstrates that both Plaintiff and Defendant understood that their oral agreement would extend beyond one year. … Instead, a party’s actions may qualify him or her as a broker or finder regardless of how he or she labels his or her services. See Mass. Gen.

Boston Parent Coalition for Academic Excellence Corp. v. The School Committee of the City of Boston

District Court, D. Massachusetts · Oct 1, 2021

Students who were homeless or in the custody of the Massachusetts Department of Children and Families qualified for a special “zip code” created for them to participate in the … Although these racist text messages are clearly new evidence, they are evidence that could have been discovered earlier by the Coalition had it not chosen to forgo discovery and followed

LendingClub Bank, National Association v. Valley National Bank

District Court, D. Massachusetts · Mar 31, 2026

See Baskin-Robbins, 825 F.3d at 40 (“Where, as here, parties of substantial means are involved, cross-country travel ordinarily does not qualify as a special or unusual burden.”). … Venue clearly would have been appropriate in the District of New Jersey.

Pegasystems Inc. v. Appian Corporation

District Court, D. Massachusetts · Sep 30, 2022

The contract provided that BPM.com would conduct market research and produce a white paper that would “clearly identify and articulate[] the value delta of Appian over Pega.” … As discussed above, Pegasystems has failed to establish a lack of injury or falsity.

Farzinpour v. Berklee College of Music

District Court, D. Massachusetts · Jul 12, 2022

After Farzinpour missed his train home, Alali insisted on going to another establishment. … Plaintiff has provided evidence that he was qualified for his job as a professor of conducting.

Latimore v. Suffolk County House of Correction

District Court, D. Massachusetts · Dec 3, 2021

In addition, the transcript is not the kind of material that qualifies as self-authenticating under the Federal Rules of Evidence. See Fed. R. Evid. 902. … In paragraph 65, plaintiff states that Dorgan is “clearly explaining on camera” the procedure with respect to inmate property. (Docket Entry # 256, p. 12, ¶ 65).

Amgen, Inc. v. Hoechst Marion Roussel, Inc.

287 F. Supp. 2d 126 · District Court, D. Massachusetts · Oct 30, 2003

In Wamer-Jenkinson, the Supreme Court merely stated that the burden was on the patent holder to establish the reason for an amendment. 520 U.S. at 33 , 117 S.Ct. 1040 . … Neither the Supreme Court, nor the Federal Circuit has yet provided explicit guidance as to what qualifies as a tangential relationship.

MSP Recovery Claims, Series LLC v. Plymouth Rock Assurance Corporation, Inc.

District Court, D. Massachusetts · Mar 24, 2023

Aug. 22, 2016) (“‘It is well established that the [qualified] witness need not be the person who actually prepared the record’ . . . … Mar. 20, 2018) (finding that the MSPA clearly “sets forth a timeframe in which the Government must request reimbursement”).

CDM Smith Inc. v. Atasi

District Court, D. Massachusetts · Mar 29, 2022

“The burden of proof in ‘establishing the conclusive effect of a foreign judgment is on the party asserting conclusiveness.’” Bridgeway Corp. v. Citibank, 45 F. … There is fraud on the court “where it can be demonstrated, clearly and convincingly, that a party has essentially set in motion some unconscionable scheme calculated to interfere with the judicial

Safety Insurance Company v. Marlette Homes, Inc.

District Court, D. Massachusetts · Dec 3, 2021

Architects, construction engineers, and builders fall clearly within the statute’s scope. See Dighton, 399 at 697. The statute, however, does not protect “materialmen” or “mere suppliers of standardized products.” … Under Massachusetts law, the Manufactured Housing Act “establishes a statutory scheme intended to protect tenants of manufactured housing communities” because “[b]oth the Legislature and the courts of the Commonwealth have

Denson v. Mici

District Court, D. Massachusetts · Jan 20, 2022

To qualify, he must show “exceptional circumstances.” Cookish, 787 F.2d at 2; see Minggia v. Worcester Cty. House of Corr., No. 11-cv- 40002-FDS, 2012 WL 928711, at *1 (D. Mass. … The former could hardly allege a substantial burden more clearly: …I cannot use those oils for prayer purposes.

Thayre v. Town of Brookline

District Court, D. Massachusetts · Feb 19, 2021

During deliberations, Board Chair Johanna Schneider said she “hate[d] the idea that the timing of this is such that [the Board is] being forced to weigh in on this when clearly the issue of Airbnbs is not currently contemplated … Roommate.com, LLC to support her argument that the relationship she establishes with guests, which she parallels to the relationship between roommates, qualifies for protection under Roberts, as “[p]eople

Page v. Berryhill

District Court, D. Massachusetts · Dec 27, 2018

Feb. 7, 2014) (any error in failing to recognize Plaintiff's spinal impairment at Step Two was harmless because "[t]he ALJ clearly considered [p]laintiff's spinal issues . . . when assessing her RFC" as shown by the ALJ's … "An 'other source,' such as a nurse practitioner . . . cannot establish the existence of a medically determinable impairment, though such a source may provide insight into the severity of an impairment, including its impact

Rowley v. City of New Bedford

District Court, D. Massachusetts · Sep 24, 2019

The United States District Court for the Western District of Texas clearly described the role of USDA-APHIS assessments as follows: APHIS … In addition, the “exhibitor shall establish and maintain programs of adequate veterinary care that include . . .

McKinnon v. Unum Group

District Court, D. Massachusetts · Feb 1, 2021

(Ex. 63 at 88-154, Docket No. 74-41). 5 Neither party clearly defines objective vs. subjective evidence. … Plaintiff’s Provident and Equitable policies state that to qualify for total disability coverage, the claimant must be unable to perform the material and substantial duties of her occupation.