Case law

Wisher v. Coverdell

782 F. Supp. 703 · District Court, D. Massachusetts · Jan 27, 1992

The program was established by the United Nations General Assembly in December 1970, maintains its headquarters in Geneva, and is administered by the United Nations Development Program (“UNDP”). … A waiver of the government’s sovereign immunity must be unequivocally expressed and not impliéd. See Library of Congress v. Shaw, 478 U.S. 310 , 106 S.Ct. 2957 , 92 L.Ed.2d 250 (1986).

United States Ex Rel. LaValley v. First National Bank of Boston

707 F. Supp. 1351 · District Court, D. Massachusetts · Aug 23, 1988

The portion of Amendment 2701 establishing the jurisdictional bar was ultimately enacted into law, with one minor amendment. … The court stated, As we have established in New England Power, ...

St. John's Nursing Home, Inc. v. City of New Bedford (In Re St. John's Nursing Home, Inc.)

169 B.R. 795 · District Court, D. Massachusetts · May 19, 1994

Nowhere does the statute so qualify the type of tax refunds under contemplation, however. … Dalm, 494 U.S. 596 , 110 S.Ct. 1361 , 108 L.Ed.2d 548 (1990), where the Supreme Court has recently stated: Under settled principles of sovereign immunity, “the United States, as sovereign, 'is immune from suit, save as it

Chan v. Cirilli

District Court, D. Massachusetts · Nov 22, 2022

right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct.” … “If either of the two prongs is not met—i.e., if the facts do not show a constitutional violation or the right in question was not clearly established—the officer is immune.

Grigalauskas v. United States

103 F. Supp. 543 · District Court, D. Massachusetts · May 3, 1951

This case is clearly not the usual type of action brought under the Federal Tort Claims Act, 28 U.S.C.A. § 2671 , et seq. … If, on the other hand, the defense of “charitable hospital” is not established, the plaintiffs are entitled to prevail.

Gammons v. Massachusetts Department of Housing & Community Development

523 F. Supp. 2d 76 · District Court, D. Massachusetts · Nov 28, 2007

Defendants have not briefed or pressed the defense of qualified immunity on behalf of the individual defendants. … For this reason, the Court defers consideration of whether any of the defendants are entitled to qualified immunity until such briefing and a full record is before the Court.

Abbott GmbH & Co. v. Centocor Ortho Biotech, Inc.

870 F. Supp. 2d 206 · District Court, D. Massachusetts · May 4, 2012

Because "{a] person must contribute to the conception of the claimed invention to qualify as a joint inventor," Vanderbilt Univ. v. … Centocor’s Motion for Summary Judgment No. 5, that the Joe antibodies qualify as prior art, is DENIED; 8.

Conille v. Pierce

649 F. Supp. 1133 · District Court, D. Massachusetts · Dec 16, 1986

The Secretary argues that plaintiff has failed to establish a waiver of sovereign immunity under either the NHA or the Tucker Act, 28 U.S.C. § 1346 (a)(2). … Since § 1702 contains no explicit waiver of immunity from suit for punitive damages, plaintiffs claim for treble damages is barred by sovereign immunity and must be dismissed.

Ayyadurai v. Floor64, Inc.

270 F. Supp. 3d 343 · District Court, D. Massachusetts · Sep 6, 2017

To establish a defamation claim, a plaintiff must - satisfy four elements,. … Here, the record clearly establishes that the statements at issue involve a matter of public concern.

Curran v. Coddington

District Court, D. Massachusetts · Feb 15, 2023

He asserts that (1) as the hearing officer designated by the Board, he is entitled to quasi-judicial immunity, (2) as the Executive Director of MHA, he is entitled to qualified immunity, (3) the complaint fails to … Plaintiff has not alleged a “clearly established” violation of her constitutional rights by Defendant, nor that a “reasonable officer’ in Defendant's position would have known that his actions violated Plaintiff's rights

GIARDI v. Dunning

563 F. Supp. 2d 305 · District Court, D. Massachusetts · May 19, 2008

The first paragraph of § 85K eliminates the defense of charitable immunity, while at the same time limiting recoverable damages to twenty thousand dollars. Mass. Gen. … The second paragraph, as amended in 1987, establishes a complete liability defense for a “person” acting as volunteer director, officer or trustee of an educational institution for actions done in “good faith and within the

Bird v. Demers

District Court, D. Massachusetts · Sep 13, 2019

Defendants have moved for summary judgment, based principally on the ground that they are entitled to qualified immunity. … Qualified Immunity Generally The doctrine of qualified immunity protects public employees “from liability for civil damages insofar as their conduct does not violate clearly established statutory

Boston Professional Hockey Ass'n, Inc. v. Cheevers

348 F. Supp. 261 · District Court, D. Massachusetts · Sep 28, 1972

His abilities are rated as outstanding by Coach Tom Johnson of the Bruins and by any qualified observer of professional hockey players. … The Bruins argue that the existence of a valid collective bargaining relationship immunizes certain practices common to professional sports from the scope of the antitrust laws.

Rohrberg v. Apfel

26 F. Supp. 2d 303 · District Court, D. Massachusetts · Nov 12, 1998

FACTUAL AND PROCEDURAL HISTORY Rohrberg applied for SSDI benefits on January 17, 1994, alleging that she became unable to work on July 30, 1993, due to “Crohn’s disease [and] Chronic Immune Deficiency Syndrome.” … The record, however, established that the claimant had active Crohn’s disease and that medication improved but would not erase her various symptoms. See id. at 138 .

Official Committee of Unsecured Creditors for the Bankruptcy Estate of Boston Regional Medical Center, Inc. v. Ricks

328 F. Supp. 2d 130 · District Court, D. Massachusetts · Aug 4, 2004

are protected from liability to the corporation for mere negligence [and] gross negligence is required” to establish liability, the immunity statute would have added nothing to the protection afforded uncompensated directors … The second clause of the first sentence then qualifies the abrogation of charitable immunity by limiting the liability for tort damages to only those activities that “accomplish directly the charitable purposes.”

Massachusetts v. First National Supermarkets, Inc.

112 F.R.D. 149 · District Court, D. Massachusetts · Sep 15, 1986

If this is the case, there is absolutely no reason to require an identification or specification of these documents; they are clearly privileged and no amount of specification can alter that conclusion. … Taylor ... which gives an attorney’s work-product a qualified immunity from discovery.”. Besley-Welles, supra, 43 F.R.D. at 371 . Lastly, in the case of Board of Education of Evanston TP v.

Holden v. Barry

District Court, D. Massachusetts · Nov 19, 2020

To do so, they must show that it was objectively reasonable for the officers to believe that their action did not violate a clearly established constitutional right. See Starlight Sugar, Inc. v. … As discussed □ above, it is clearly established that the Constitution prohibits a warrantless arrest without probable cause.

Hatton v. Mullan

District Court, D. Massachusetts · Aug 7, 2018

The Defendants also raise the qualified immunity defense. D. 43 at 15. … The invocation of qualified immunity does not, however, change the outcome.

Boston Executive Helicopters, LLC v. Maguire

196 F. Supp. 3d 134 · District Court, D. Massachusetts · Jul 6, 2016

The defendants claim immunity from antitrust liability under the doctrine established in Parker v. … Phoebe Putney. 2 Consequently, the court will dismiss BEH’s antitrust claims on grounds of state action immunity.

In Re One Star Class Sloop Sailboat Built in 1930

517 F. Supp. 2d 546 · District Court, D. Massachusetts · Oct 1, 2007

only by establishing that the sloop was not forfeitable. … Clearly, some judges simply want to be rid of them. When I was a “baby judge” I attended a training session. The trainer was to address employment discrimination cases.