Case law

Old Colony Trust Co. v. United States

313 F. Supp. 980 · District Court, D. Massachusetts · Jun 24, 1970

Plaintiff, Old Colony Trust Company, a Massachusetts corporation, is the duly qualified executor under the will of Charlotte E. Sills, who died on January 26, 1961. … No useful purpose is to be served herein by trying to further clarify a distinction so clearly made by á comparison of the wording of subsection (a) (1) vis-a-vis the wording of subsections (a) (2) and (a) (3).

Collins v. Rukin

342 F. Supp. 1282 · District Court, D. Massachusetts · May 24, 1972

That the private nature of the transaction affords no immunity from the anti-fraud provisions of the securities laws is well established. See, e. g., Schine v. … Resolution of each defense must await the trial of facts which are neither admitted nor clearly established by the pleadings to date.

Clermont v. Monster Worldwide, Inc.

102 F. Supp. 3d 353 · District Court, D. Massachusetts · Apr 6, 2015

Applying the foregoing interpretation to the undisputed facts set forth in Plaintiffs complaint establishes that Defendant violated the statute, subject to any defenses. … Both Dixon and Somers establish firmly that the statute requires timely payments clearly denoted as payments for the wages at issue in order to qualify as payments under the statute.

MacLeod v. Kern

379 F. Supp. 2d 103 · District Court, D. Massachusetts · Jul 15, 2005

Plaintiff misunderstands the inquiry under Fed.R.Civ.P. 56 because, although he need not “prove”,his allegations to avoid summary judgment, he must offer sufficient evidence to establish the existence of a genuine issue of … Plaintiff's claims against the DOC defendants are also dismissible on the ground of qualified immunity because the plaintiff offers no evidence that they acted with "wantonness” or “deliberate indifference” as required by

DMP v. Fay School ex rel. Board of Trustees

933 F. Supp. 2d 214 · District Court, D. Massachusetts · Mar 18, 2013

However, because I find that he failed to request a reasonable accommodation and was not otherwise qualified to matriculate at Fay, he has failed to establish a claim for violation of the ADA. ■ Cheating and lying are behaviors … Therefore, in order to prevail, DMP must either establish that Fay breached a contractual right, or clearly abused its discretion in enforcing its policies and regulations.

Ware v. Dickhaut

770 F. Supp. 2d 417 · District Court, D. Massachusetts · Dec 23, 2010

established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State … As such, the Court finds that the trial court’s denial of Petitioner’s motion to dismiss on Ground 2 was well-reasoned and was not “a decision that was contrary to, or involved an unreasonable application of, clearly established

In re Nexium

968 F. Supp. 2d 367 · District Court, D. Massachusetts · Sep 11, 2013

While the Court acknowledges this principle, the present facts are clearly distinguished from those in Plumbers’ Union. … of the named plaintiffs’ claims necessarily establishes those of other class members.

Interface Group, Inc. v. Massachusetts Port Authority

631 F. Supp. 483 · District Court, D. Massachusetts · Mar 31, 1986

Midcal Aluminum, Inc., a case in which a private party claimed state action exemption, the Supreme Court said that cases decided since Parker had established a two-pronged test for antitrust immunity: “[fjirst, the challenged … In Town of Hallie, the Supreme Court considered how clearly a state policy in favor of regulation must be articulated for a muncipality to be able to establish that its anticompetitive activity constitutes state action.

Burns v. Sullivan

473 F. Supp. 626 · District Court, D. Massachusetts · Jun 29, 1979

Cohen’s testimony establishes for purposes of this motion that in addition to the terms of the consent decree in the Kantor case, Mr. … Whether or not the requirements of Mass,' Gen.Laws ch. 31 § 15C were satisfied by the words “better qualified” is a question of state law without federal significance.

Arraj v. United States

95 F. Supp. 3d 150 · District Court, D. Massachusetts · Mar 30, 2015

The FTCA waives sovereign immunity for certain negligence claims. 28 U.S.C. § 1346 (b)(1). … does not establish the critical element of causation.

Bishop Ex Rel. Bishop v. Cermenaro

355 F. Supp. 1269 · District Court, D. Massachusetts · Mar 19, 1973

. § 1983 to redress the deprivation under color of state law of any right, privilege or immunity secured by the Constitution of the United States. … The preamble to the code recites that: The primary objective for the establishment of these guidelines is the safety and welfare of the students.

Grant v. John Hancock Mutual, Life Insurance

183 F. Supp. 2d 344 · District Court, D. Massachusetts · Jan 8, 2002

To hold otherwise would render meaningless the Act’s grant of immunity for intentional torts. … Grant’s scenarios are clearly not the "rare” type of "peculiar power of coercion” anticipated by Massachusetts courts. 10 .

Lobel v. Woodland Golf Club of Auburndale

260 F. Supp. 3d 127 · District Court, D. Massachusetts · May 31, 2017

Club members do not- need to directly control every detail of operations in' order for the club to qualify as a private establishment. (8) Whether the Club Advertises for Members Establishments that “advertise and solicit … However, Title Ill's protections do not apply to such entities if they qualify under the law's exemption for “private clubs or establishments.” § 12187. .

Yankun v. Barnhart

473 F. Supp. 2d 147 · District Court, D. Massachusetts · Nov 29, 2006

Yankun ("fYankun”) no longer qualified for disability insurance yet continued to receive benefits until May, 2000. … If a claimant fails to establish that he was without fault, analysis of the second prong is unnecessary. 2.

Lopez v. United States

349 F. Supp. 2d 179 · District Court, D. Massachusetts · Dec 20, 2004

United States, 95 F.Supp.2d 37, 47 (D.Mass.2000) (plaintiff complied with notice requirements of Sec *188 tion 2675 when, on her SF-95, she “clearly stated the nature of the claims [and] the date on which the allegedly tortious … Lopez’ amended complaint must therefore establish: 1) the ultimate disposition of the October 2000 claim; 2) facts to establish the sufficiency of the claim to satisfy the notice-of-claim requirements; 3) facts that establish

Hamdi Halal Market LLC v. United States

947 F. Supp. 2d 159 · District Court, D. Massachusetts · May 30, 2013

Hasbro, Inc., 314 F.3d 289, 295-96 (7th Cir. 2002) (holding a typed name at the end of an email qualifies as a signature). … Hamdi has established no actual prejudice occasioned by the agency’s use of a typed name.

Morales v. Minter

393 F. Supp. 88 · District Court, D. Massachusetts · Apr 22, 1975

This clearly makes them eligible for foster care under M.G.L. c. 119, §§ 23, subd. A and 23, subd. C. … He is, unlike plaintiffs Hall, Andino and Rodriguez, clearly “ineligible for any other public assistance program available within the Commonwealth.”

Welsh v. Quabbin Timber Inc.

943 F. Supp. 98 · District Court, D. Massachusetts · Oct 22, 1996

Thus, we adopt a common-law test for determining who qualifies as an “employee” under ERISA. … No Proof of Discrimination Notwithstanding the fact that Chase was clearly a fiduciary, he did not discriminate against Plaintiff in violation of the protections afforded by ERISA.

Latino Political Action Committee, Inc. v. City of Boston

609 F. Supp. 739 · District Court, D. Massachusetts · May 22, 1985

The state legislature also gave the City Council authority to establish the City’s nine new electoral districts. … Any person may run for office if he or she 1) is a registered voter of the City qualified to vote in the election for that office; 2) submits a nominating petition signed by a designated number of registered voters qualified

United States v. Shaw

106 F. Supp. 2d 103 · District Court, D. Massachusetts · Jun 19, 2000

The 1999 final-rule action allowed for credits and coupons to qualify for safe-harbor protection, as long as they meet certain criteria, and also provided that in certain circumstances discounts on multiple items would qualify … (b) “properly disclosed and appropriately reflected ” (i) The Parties’ Arguments Any “discount or other reduction in price” must be “properly disclosed and appropriately reflected” in order to qualify for immunity from criminal