Case law

Reckis v. Johnson & Johnson

471 Mass. 272 · Massachusetts Supreme Judicial Court · Apr 17, 2015

that the witness was qualified to testify" (emphasis in original). … In any event, we have found Tackett qualified to testify as to specific medical causation.

Lincoln v. Commonwealth

164 Mass. 368 · Massachusetts Supreme Judicial Court · Oct 17, 1895

A disadvantageous change in the shape or size of what remains clearly is a matter for compensation. And the principle which warrants such allowances was held logically enough in Walker v. … But the question is a practical one, and the mere intervention of a way legally established, but not visible on the surface of the ground, is not conclusive.

In Re Aircrash Dis. at Boston, Mass., July 31, 1973

412 F. Supp. 959 · District Court, D. Massachusetts · Feb 19, 1976

On the basis of this evidence (clearly established by the flight profile) Captain Ball made the highly significant admission that there was error by the pilot in not ordering the copilot to rely on raw data earlier than he … Taylor which clearly overrode any obligation he might otherwise have had to perform the third priority additional service of transmitting weather information to D 723.

Williams v. Robert F. Kennedy Children's Action Corp.

38 F. Supp. 3d 186 · District Court, D. Massachusetts · Aug 6, 2014

To establish discrimination under this latter theory, a plaintiff must show: (1) she suffered from a disability as defined by the ADA and a handicap as defined by ch. 151B; (2) she was a “qualified person” capable of performing … This is clearly sufficient for Plaintiff to move forward. Booker v. Mass.

Gentili v. COMMONWEALTH OF MASSACHUSETTS

District Court, D. Massachusetts · Jul 20, 2022

Here, sovereign immunity clearly applies to each of Mr. Gentili’s claims, as he directly seeks declaratory and monetary relief against the Commonwealth. … Gentili bears the burden to establish that Congress has abrogated the Commonwealth’s immunity, or that the Commonwealth has consented to be sued. He can do neither.

Nickless v. Catton

542 B.R. 33 · District Court, D. Massachusetts · Nov 17, 2015

However, the Bankruptcy Court’s findings of fact will not be set aside “unless clearly erroneous.” … This exemption applied to qualified homeowners, “upon recording of an elderly or disabled person’s declaration of homestead protection.” Id. Any person sixty-two years of age or older is elderly. Mass. Gen.

Continental Bank, National Ass'n v. Village of Ludlow

777 F. Supp. 92 · District Court, D. Massachusetts · Oct 31, 1991

A bond fund was established into which member’s payments were deposited to cover the monthly principal and interest obligations of the Agency. … Town of Winchester, 707 F.Supp. 611, 622 (D.Mass.1989) (recognizing qualified immunity for town officials as necessary "to protect their freedom and discretion in performing their jobs"). 18 .

Marinelli v. Potter

661 F. Supp. 2d 69 · District Court, D. Massachusetts · Jul 22, 2009

Plaintiff here clearly engaged in protected activity by virtue of his participation in EEO processes arising from his allegations of age discrimination. b. … (internal citation omitted). 17 Questions of sovereign immunity further complicate the issue.

Utility Contractors Ass'n of New England, Inc. v. Commissioners of Massachusetts Department of Public Works

5 Mass. L. Rptr. 17 · Massachusetts Superior Court · Mar 15, 1996

The legislature thus has clearly expressed labor harmony and the public interest as a goal and objective for public works projects. … of work the bidder is qualified to perform.

Capitol Bank & Trust Co. v. Richman

19 Mass. App. Ct. 515 · Massachusetts Appeals Court · Mar 25, 1985

She also maintains that the contents of the guaranty should not have been established by secondary evidence. … We also reject Marilyn’s argument that the bank should be held to a standard of clear and convincing proof to establish the lost guaranty.

Fisher v. United States

705 F. Supp. 2d 57 · District Court, D. Massachusetts · Mar 30, 2010

The junction box was clearly visible to anyone looking at the floor of the crawl space from a sufficient height. (DF 18). … The FTCA waives sovereign immunity for certain negligence claims. 28 U.S.C. § 1346 (b)(1). There is no strict liability under the FTCA. Laird v.

Iwata v. Intel Corp.

349 F. Supp. 2d 135 · District Court, D. Massachusetts · Dec 8, 2004

-only establish the former proposition, not the latter. Iwata also cannot establish retaliatory discharge under section 1140, because her Complaint admits that she was unable to return to work. Compl. § 42. … To establish that she was terminated in violation of section 1140, she would first need to make out a prima facie case that: “(1) [s]he had the opportunity to attain rights under an ERISA benefit plan; (2)[s]he was qualified

Shamban v. Masidlover

429 Mass. 50 · Massachusetts Supreme Judicial Court · Feb 19, 1999

L. c. 188, § 1A and § 1, establishes two State exemptions. Under G. … Thus, we conclude the Legislature clearly intended to distinguish in § 1A between elderly and disabled declarants.

Goodrich v. Davis

52 Mass. 40 · Massachusetts Supreme Judicial Court · Sep 15, 1846

Certain it is, that the extent to which the question of libel or no libel was formerly referred to the court exclusively, as a matter of law, has latterly been much qualified, and the jury are often called upon to decide … So far as it was evidence tending to show that the plaintiff was the editor o°f the Massachusetts Cataract, and thus establishing the application of the libel to the plaintiff, it was clearly competent; beyond that, the evidence

Champion v. Champion

54 Mass. App. Ct. 215 · Massachusetts Appeals Court · Mar 19, 2002

His finding is not clearly erroneous, and we are bound by it. See Sarrouf v. … Ct. 859, 863 *219 (1989) (“[u]nless clearly erroneous, the trial judge’s determination of value will stand”). 3. Income from the business.

Amgen, Inc. v. F. Hoffmann-La Roche Ltd.

581 F. Supp. 2d 160 · District Court, D. Massachusetts · Oct 2, 2008

Claim 10 is clearly not drawn to the protein itself or to the process of its production. … The scope of prior art immunized by section 121 nonetheless appears to extend to the '698 patent.

Ferrari v. Vitamin Shoppe, Inc.

District Court, D. Massachusetts · Mar 31, 2022

The statements at issue here are all sufficiently narrow to qualify as structure/function claims. Cf. … The defendant has carried the narrow burden for substantiation that existing law has established. Cf.

Johnson v. Martha's Vineyard Commission

3 Mass. L. Rptr. 132 · Massachusetts Superior Court · Dec 2, 1994

In so ruling, the court relied on well established First Circuit precedent which has repeatedly and steadfastly held that rejections of development projects do not ordinarily implicate substantive due process. … In light of this ruling, the court does not consider whether the Commissioners would be entitled to qualified immunity had the plaintiffs made out a substantive due process violation.

Garcia v. Dep't of Hous. & Cmty. Dev.

480 Mass. 736 · Massachusetts Supreme Judicial Court · Oct 11, 2018

"[I]t is enough for the plaintiff to suggest the existence of a plausible accommodation, the costs of which, facially, do not clearly exceed **749 its benefits." Henrietta D. v. … But the record before us already establishes the grounds for the very narrow preliminary injunction that I propose today.

Wang Laboratories, Inc. v. Business Incentives, Inc.

398 Mass. 854 · Massachusetts Supreme Judicial Court · Dec 30, 1986

A negligent unfair act or practice does not qualify for multiple damages. But the focus in this case should not be solely on the conduct of Wang’s executives. It should be on the conduct *859 of Joseph as well. … These findings establish that Joseph’s conduct was the kind of conduct he was employed to perform and that it occurred within the authorized limits of time and space.