Case law

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 . . .

Eaton v. Town of Townsend

District Court, D. Massachusetts · Mar 30, 2022

The disability discrimination statutes envision a “cooperative” and “flexible” process that “involves both the employer and the qualified individual with a disability.” Rennie v. United Parcel Serv., 139 F. … an employer engages in an interactive process with the employee, in good faith, for the purpose of discussing alternative reasonable accommodations, but the employee fails to 17 Townsend contends that Eaton did not clearly

Eaton v. King

District Court, D. Massachusetts · Mar 30, 2022

The disability discrimination statutes envision a “cooperative” and “flexible” process that “involves both the employer and the qualified individual with a disability.” Rennie v. United Parcel Serv., 139 F. … an employer engages in an interactive process with the employee, in good faith, for the purpose of discussing alternative reasonable accommodations, but the employee fails to 17 Townsend contends that Eaton did not clearly

Harrington v. Lesley University

District Court, D. Massachusetts · Aug 12, 2021

Harrington bears the burden of establishing that the continuing violation doctrine applies. See Shervin v. … To establish the availability of the continuing violation doctrine, a plaintiff must allege three prerequisites.

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

126 F. Supp. 2d 69 · District Court, D. Massachusetts · Jan 19, 2001

However, this finding is insufficient to establish infringement under the doctrine of equivalents. … In order to serve this policy purpose, “the description must clearly allow persons of ordinary skill in the art to recognize that [the inventor] invented what is claimed.”

SiOnyx, LLC v. Hamamatsu Photonics K.K.

District Court, D. Massachusetts · Aug 30, 2018

HC, as the petitioner, and HPK, as an identified real party-in-interest in the IPR, clearly fall within the statutory definition. … But it is at least doubtful, in light of Halo, whether evidence establishing that an infringer should have known of the existence of certain patents (but did not know their exact contents) can suffice to establish that

American Civil Liberties Union of Massachusetts v. Immigration and Customs Enforcement

District Court, D. Massachusetts · May 8, 2023

To meet this burden, ICE must establish that it “made a good faith effort to conduct a search for the requested records, using methods which can be reasonably expected to produce the information requested.” … To qualify as a good faith search, ICE must show that its methods “were reasonably expected to produce the information requested.” Kidd, 362 F. Supp. 2d at 294.

Holloway

District Court, D. Massachusetts · Mar 20, 2026

Standard for Entitlement to Disability Benefits To qualify for benefits, claimants must demonstrate that they are “disabled” within the meaning of the Social Security Act. … Clearly, ALJs cannot be expected to perform a comparison of each and every one of every claimant’s severe impairments to each and every listing. However, 20 C.F.R.

Smartling, Inc. v. Skawa Innovation Ltd.

District Court, D. Massachusetts · Jan 31, 2019

The Trade Dress At Issue As an initial matter, “the burden to clearly identify the trade dress at issue is on the plaintiff.” … “‘Although whether a particular set of acts, in their factual setting, is unfair or deceptive is a question of fact . . . the boundaries of what may qualify for consideration as a [Chapter] 93A violation is a question of

Ryan v. The Newark Group, INC.

District Court, D. Massachusetts · Nov 18, 2024

In general, “court filings are recognized not for the truth of the matters asserted within them, but instead only to establish the fact that related litigation has been initiated or to establish that the fact that documents … This lacking factual foundation could not establish Harvard’s liability to the Plaintiffs on any claim.

Roe v. Mayorkas

District Court, D. Massachusetts · May 12, 2023

It was at this point, Plaintiffs contend, that USCIS abandoned the existing standards for qualifying for humanitarian parole and adopted new ones. [Id. ¶ 54]. C. … “Such actions clearly and directly involve a foreign affairs function, and so fall within the exception without a case-by-case iteration of specific undesirable consequences.” Id.

Savino v. Hodgson

District Court, D. Massachusetts · May 12, 2020

In sum, the virus is clearly present in BCHOC, though its current prevalence is unknown. … Nonetheless, there remain critical safety gaps that establish a likelihood of irreparable harm in the absence of preliminary equitable relief.

Lan Global, Inc. v. Alchemy Telco Solutions US, LLC

District Court, D. Massachusetts · Sep 26, 2024

Within the framework of the MPA as a whole, “‘Working’ condition” is clearly understood to mean “functional.” Under the MPA, Alchemy was obligated to provide Lan Global with functional, or “working,” devices. … Under that Rule, a qualified expert may testify in the form of an opinion or otherwise if: (a) the expert's . . .

Furey v. Saul

District Court, D. Massachusetts · Nov 13, 2020

Furey had only mild and moderate limitations and, therefore, could not qualify under the “paragraph B” criteria. [Id.]. As to whether Ms. … Furey could qualify based on the “paragraph C” criteria, which requires that a mental disorder be “serious and persistent,” ALJ Klibaner found that the evidence failed to establish the presence of the “paragraph C” criteria

Noonan v. Wonderland Greyhound Park Realty LLC

723 F. Supp. 2d 298 · District Court, D. Massachusetts · Jul 8, 2010

Noonan fails to establish that notice was made in conformity with section 11.1 regarding any such nonpayment as a matter of law. … Again, Noonan fails to establish such notice as a matter of law.

United States v. DePuy Orthopaedics, Inc.

District Court, D. Massachusetts · Dec 8, 2021

On July 6, 2021, the court denied DePuy’s motion, stating its finding “that DePuy has failed to establish that any information in the Second Amended Complaint (SAC) that previously may have been restricted was not in the … “Without a doubt, the disregard of court orders qualifies as extreme behavior . . . .” Malot, 478 F.3d at 44.

SEAFREEZE SHORESIDE, INC. v. UNITED STATES DEPARTMENT OF THE INTERIOR

District Court, D. Massachusetts · Oct 12, 2023

endangered species in which the association’s member established a demonstrable interest). … However, Plaintiffs have not established standing as to these challenges.

Purdue Pharma, L.P. v. Collegium Pharmaceutical, Inc. <b><font color="red"> LEAD CASE</font></b>

District Court, D. Massachusetts · Sep 28, 2018

At a minimum, Purdue’s response to the examiner did not clearly disclaim all other forms of oxycodone, including oxycodone myristate. … In other words, if a drug contains a pharmaceutical excipient (component D) with an excipient function (function Z) that also happens to irritate when the product is abused, that excipient would not qualify

United States v. Sampson

820 F. Supp. 2d 151 · District Court, D. Massachusetts · Oct 20, 2011

Therefore, to qualify as an impartial juror an individual must not have views or personal experiences that will prevent or substantially impair his or her ability to decide a matter based solely on the evidence. … Moreover, thinking of J and P damaged, if not destroyed, C’s general ability to think clearly and respond rationally, rather than with excessive emotion, about other matter’s.

Content Square SAS v. Decibel Insight Limited

District Court, D. Massachusetts · Jul 23, 2021

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. … Indeed, language in the relevant specification “clearly indicate[d] that the claims are directed to an improvement in the functioning of computers, particularly those with small screens.” Id.