Case law

Culley v. Bank of America, N.A.

District Court, D. Massachusetts · Mar 29, 2019

Rather, the record establishes ownership interests in Gateway and Bank of America only. … Second, despite Plaintiffs’ allegations to the contrary, the Affidavit of Sale establishes that public proclamations adjourned the sale two times.

Rosenberg v. LoanDepot.com LLC

District Court, D. Massachusetts · Jan 24, 2020

The FCC has used that authority to issue regulations defining the TCPA’s reach including what technology qualifies as an ATDS. … As explained by the Supreme Court, “[i]t is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined.” Grayned v.

Brownell v. Social Security Administration

District Court, D. Massachusetts · Jun 27, 2018

Standard for Entitlement to Disability Benefits In order to qualify for SSI benefits, the claimant must demonstrate that he is “disabled” within the meaning of the Social Security Act. … The claimant has the burden of providing evidence to establish how his impairments limit his RFC. 42 U.S.C. § 423(d)(5)(A) (“An individual shall not be considered to be under a disability unless he furnishes such medical

Bowers

District Court, D. Massachusetts · May 29, 2026

Plaintiffs have, however, met their burden in establishing that several of the bonus payments were excessive and a breach of fiduciary duty. … Although “an employer’s decision whether to terminate an ERISA plan is a settlor function immune from ERISA’s fiduciary obligations,” Beck v.

United States v. Hebshie

754 F. Supp. 2d 89 · District Court, D. Massachusetts · Nov 15, 2010

To be deficient, an attorney’s conduct must fall below an “objective standard of reasonableness” established by “prevailing professional norms.” Id. at 687-88 , 104 S.Ct. 2052 . … When it came time for Spinale to address the jury, he conceded Domingos’ qualifications (“a very qualified person ...

Humana, Inc. v. Biogen, Inc.

District Court, D. Massachusetts · Mar 31, 2023

And it some number of qualified candidates who needed MS therapy were diverted to Biogen therapies from less-expensive alternate therapies provided by another company.14 The complaint also alleges that Biogen “inflate … Apart from Exhibit A, the complaint clearly fails to state the mail and wire fraud predicates with the requisite detail.

Mastronardi v. Saul

District Court, D. Massachusetts · Mar 28, 2022

This date is relevant because an individual must become disabled during the period that he is insured by the program to qualify for SSDI benefits. … The ALJ’s opinion clearly shows that she reviewed the medical records from Drs.

Robles Soto v. Berryhill

District Court, D. Massachusetts · Sep 19, 2019

Standard for Entitlement to DIB In order to qualify for DIB, a claimant must demonstrate that he is disabled within the meaning of the Social Security Act.2 A claimant qualifies as … If an “underlying physical or mental impairment that could reasonably be expected to produce an individual’s symptoms is established, [the ALJ] evaluate[s] the intensity and persistence of those symptoms to determine the

Armata v. Berryhill

District Court, D. Massachusetts · Oct 4, 2018

Admin., 582 F.3d 647, 658 (6th Cir. 2009) ("[T]he ALJ's failure to rate the B criteria at step two of the five-step analysis was clearly harmless [because] the ALJ ultimately concluded that [the plaintiff] had a severe … "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

Crowe v. Harvey Klinger, Inc.

District Court, D. Massachusetts · Dec 27, 2018

The email was entered as an exhibit at trial and clearly displays a timestamp of September 9, 2016, the day after the plaintiff’s resignation. (See Exhibit 27). … In sum, the record does not establish that the plaintiff was liable for any “breach of fidelity” prior to her resignation.

Lopardo v. Berryhill

District Court, D. Massachusetts · Mar 20, 2019

Standard for Entitlement to Disability Insurance Benefits In order to qualify for DIB, a claimant must demonstrate that she is disabled within the meaning of the Social Security Act.3 A claimant is disabled … The ALJ further determined that "the evidence fails to establish the 'paragraph C' criteria" (id. at 22).

Koninklijke Philips N.V. v. Wangs Alliance Corporation

District Court, D. Massachusetts · Dec 11, 2017

(noting that “[a] disclosed structure is a ‘corresponding structure’ only if the specification or prosecution history clearly links or associates that structure to the function recited in the claim”). … Philips’ proposed construction also reflects the specification in qualifying the filter to reflect that it is “conducted on the line input between the control unit and the converter” which reflects Figure 1.

Hussey v. City of Cambridge

District Court, D. Massachusetts · Mar 12, 2024

City of Phila., 70 F.4th 151, 166 (3d Cir. 2023) (“[A]n employer must still establish likely disruption through record support, and courts have long required more than ‘unadorned speculation as to the impact of speech. … In Fenico, the Third Circuit reversed the dismissal of a First Amendment retaliation claim brought by a group of police officers who had made social media posts that were clearly “offensive, racist, and violent.”

Casso v. Kijakazi

District Court, D. Massachusetts · Jan 30, 2024

Guenther's opinions for two clearly expressed reasons. First, Dr. Guenther repeatedly noted the difficulty of obtaining complete and consistent information from Plaintiff, so that, the ALJ found, Dr. … If a latent conflict exists – and Plaintiff has not established that any such latent conflict exists – an ALJ need not resolve it if the conflict is not identified at the hearing. Id. (quoting Zblewski v.

Dacosta v. Berryhill

District Court, D. Massachusetts · Jan 31, 2019

The hypothetical questions should reflect the specific capacity /limitations established by the record as a whole. … The ALJ’s reasons for doing so were clearly explained and well-grounded in the record. Seee.g., Bourinot, 95 F.

O'Connor v. Berryhill

District Court, D. Massachusetts · Mar 29, 2019

The hypothetical questions should reflect the specific capacity/limitations established by the record as a whole. … App'x at 6 ("While the record arguably could support a different conclusion, there is clearly substantial evidence to support the ALJ's findings.") (citing Rodriguez Pagan v.

BRT Management LLC v. Malden Storage LLC

District Court, D. Massachusetts · Sep 10, 2021

Whether a breach qualifies as material “turns on several factors, such as the absolute and relative magnitude of default, its effect on the contract’s purpose, willfulness, and the degree to which the injured party has … Supp. 2d 518, 522 (S.D.N.Y. 2003)).21 For such a claim to be viable, plaintiff must establish “a legal duty separate and apart from contractual duties.”