Case law

Strahan v. Massachusetts Executive Office of Energy and Environmental Affairs

District Court, D. Massachusetts · Apr 30, 2020

Apr. 9, 2020) (“The statutory text itself harmonizes the ESA and the MMPA quite clearly by requiring that both be satisfied in the case of marine mammals”). … The relief fashioned by the court is designed to allow Defendants time to apply for and receive a determination on whether the state qualifies for an Incidental Take Permit under the criteria set forth by Congress in Section

Mullane v. Department of Justice

District Court, D. Massachusetts · Mar 19, 2021

“A predecisional document will qualify as ‘deliberative’ provided it (i) formed an essential link in a specified consultative process, (ii) ‘reflect[s] the personal opinions of the writer rather than the policy of the agency … b) Exemption 6 Exemption 6 protects from disclosure “personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal

Roy v. FedEx Ground Package Systems, Inc.

District Court, D. Massachusetts · Nov 27, 2018

Specifically, "for a case to qualify for class action treatment, it needs to meet the additional due process standards for class certification under Rule 23 – numerosity, commonality, typicality, adequacy 8 Plaintiffs … In addition, Defendant complains that Plaintiffs "seek to co-opt FedEx Ground communication channels (a compelled speech problem)" and do not clearly accept the costs of promulgating notice (Dkt.

AUI Partners LLC v. State Energy Partners LLC

District Court, D. Massachusetts · Jul 11, 2024

It is well established, however, that parallel litigation alone is not enough to warrant Colorado River abstention. Jiménez v. … “[S]tate and federal claims arising out of the same factual circumstances do not qualify as parallel if they differ in scope or involve different remedies.” vonRosenberg v.

Tharp v. Acacia Communications, Inc.

District Court, D. Massachusetts · Jun 15, 2018

A fair inference can be drawn that, if Acacia loses one of its large and profitable customers, the loss could severely impact its revenue and growth, an inference that was clearly outlined … The prospectus qualified these statements with cautionary language about the associated risk factors that could derail the expected results.

Robins v. Berryhill

District Court, D. Massachusetts · Feb 25, 2020

On July 28, 2016, in discharging Plaintiff from PT services, the VNA therapist noted that Plaintiff was able to express complex ideas, feelings, and needs clearly, completely, and easily in all situations without an observable … The Legal Standard for Entitlement to DIB and SSI In order to qualify for DIB and SSI, a claimant must demonstrate that she is disabled within the meaning of the Act.

Medeiros v. Berryhill

District Court, D. Massachusetts · Aug 10, 2020

In other words, “[AOs] make limited and highly supervised decisions,” and clearly do not exercise the same authority as an ALJ. Id. … First, Medeiros asserts that the VE was not qualified to render an opinion in this case because she was not actively involved in placing individuals into jobs for the two years preceding the ALJ hearing. Doc.

Teva Pharmaceuticals International GmbH v. Eli Lilly and Company

District Court, D. Massachusetts · Feb 24, 2021

The specification provides a range of possible levels of binding affinity and inhibition relative to the assays necessary for an antibody to qualify as an anti-CGRP antagonist antibody. … Given the burden on [Plaintiff] to establish indefiniteness by clear and convincing evidence, as well as the potentially dispositive and patent-invalidating effect of an indefiniteness finding, it is appropriate to defer

Rain Computing, Inc. v. Samsung Electronics Co., Ltd.

District Court, D. Massachusetts · Feb 12, 2020

Bill | 8370 FIG. 3 After powering up the client terminal (S300), associating with a network (S310), and finding and establishing … In distinguishing a prior art reference (Cover), the patentee stated that “Cover clearly discloses that streaming application manager 116 is a software application installed in the client system 102.

Palomar Technologies, Inc. v. MRSI Systems, LLC

District Court, D. Massachusetts · May 28, 2020

Invalidity Under 35 U.S.C. § 101 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. … Here, the claims of the ’327 Patent, taken as a whole, are clearly directed to an abstract idea: placing an item at a final location more accurately by first moving it to an intermediate location.

Vazquez v. Saul

District Court, D. Massachusetts · Mar 30, 2022

The Legal Standard for Entitlement to SSI In order to qualify for SSI, a claimant must demonstrate that she is disabled within the meaning of the Act. … She made good eye contact, was cooperative, spoke expressively and clearly, and exhibited good insight and judgment (A.R. at 510).

Abiomed, Inc. v. Maquet Cardiovascular LLC

District Court, D. Massachusetts · Sep 30, 2021

That order explained that “[b]y saying that the ‘elongate lumen’ claims are not satisfied unless the cannula is modified to accommodate a side lumen, Maquet has clearly and unmistakably (1) associated the ‘elongate lumen … Among other things, the statement does not in fact clearly convey the idea that the guide carriage lumen must be within the cannula sidewall to qualify as a “side-rigger” structure.

Taylor v. Grunigen

District Court, D. Massachusetts · Apr 26, 2022

Plaintiff’s claims that defendant failed to deliver the LLC’s final financials (and in accordance with GAAP) and failed to timely file the LLC’s tax returns clearly qualify as “disagreement[s … Plaintiff argues that “[t]he record clearly establishes [defendant]’s failure to maintain full, true, complete and accurate records and books of account” for the LLC.

Raposo v. Berryhill

District Court, D. Massachusetts · Mar 28, 2018

Claimant does not clearly identify which opinion of Dr. Rahman warranted more significant weight, as she only broadly references Dr. Rahman’s notes as a whole. … Green was “essentially cumulative” of the evidence that was already before the ALJ and therefore insufficient to establish an egregious error. Saenz, 61 F.

Moitoso v. FMR LLC

District Court, D. Massachusetts · Mar 27, 2020

The establishment of this Revenue Credit was a settlor act, as the design of a plan is a settlor function. … The decision by the Plan Fiduciaries not to monitor recordkeeping expenses was clearly negligent.

NextSun Energy Littleton, LLC v. Acadia Insurance Company

District Court, D. Massachusetts · Sep 30, 2020

The letter stated that this “does not qualify for coverage” and excerpted the energy-generating income portion of the insurance policy. (Id.). … At the first step, a causality requirement and link to physical loss clearly exist.

Fernandes v. Bouley

District Court, D. Massachusetts · Jul 25, 2022

Such “control” may be established through the existence of a principal-agency relationship. Id. … Id.18 Bordanaro and Foley bind this court, and their reasoning clearly applies to Fernandes’ supervisory liability claim. See Quinn v.

Agosto Vega v. Saul

District Court, D. Massachusetts · Sep 13, 2022

The Legal Standard for Entitlement to DIB and SSI In order to qualify for DIB and SSI, a claimant must demonstrate that she is disabled within the meaning of the Social Security Act. … Plaintiff established care with Katherine Krauskopf, M.D., at the Worthington Clinic on July 27, 2017 (A.R. at 1341).

United States v. Regeneron Pharmaceuticals, Inc.

District Court, D. Massachusetts · Dec 4, 2020

But Celgene is of course not binding upon this Court, and in any event is clearly distinguishable. … Nor can defendant establish at this stage that its intent was categorically proper based on the “safe harbor” described in the 2005 HHS-OIG guidance.

USA ex rel, Morgan-Lee v. The Whittier Health Network, LLC

District Court, D. Massachusetts · Nov 13, 2023

Morgan-Lee’s testimony that there were some instances, at least, when TRM employees manipulated therapy hours in order to qualify for higher reimbursement rates. … A submission to the government need not be direct to establish liability for a false claim under the FCA.