Case law

Watts v. Organogenesis, Inc.

30 F. Supp. 2d 101 · District Court, D. Massachusetts · Dec 7, 1998

Susan Bergman, establishes clearly that the services of a nurse are indeed medically necessary. … expertise, and some clearly non-technical but requiring speed and skill.

Reardon v. United States

731 F. Supp. 558 · District Court, D. Massachusetts · Feb 6, 1990

The First Circuit has clearly recognized that this provision “merely waives sovereign immunity, but does not authorize a suit unless there are jurisdictional grounds independent of the statute.” Remis v. … The federal lien, however, clearly is not "an action” to recover response costs.

In re Angelo

480 B.R. 70 · United States Bankruptcy Court, D. Massachusetts · Sep 27, 2012

Robinson contends that the Award qualifies because it is in the nature support. Angelo contends that no part of the Award is support. … For these reasons, the second requirement for judicial estoppel is established.

Veazie v. Somerby

87 Mass. 280 · Massachusetts Supreme Judicial Court · Nov 15, 1862

The language clearly indicates the purpose to cover the whole of the personal chattels attached to the Ocean House, or situated about the same. It was competent thus to describe the property. Harding v. … As already remarked, if the plaintiff fails to establish his title by reason of his omission to record the mortgage to him, then the instructions would be correct as given.

Fraco Products, Ltd. v. Bostonian Masonry Corp.

84 Mass. App. Ct. 296 · Massachusetts Appeals Court · Sep 26, 2013

injuries could be attributed both to the manufacturer of a product used by the plaintiff’s employer in the construction process and to the negligence of the employer in the use of the product — for which the employer was immune … Even if Fraco were to establish that its only liability related to the installation of the equipment, and that its employees were “borrowed servants” of Bostonian when participating in the installation of Machine No. 10,

Schmid v. National Bank of Greece, S.A.

622 F. Supp. 704 · District Court, D. Massachusetts · Nov 14, 1985

Abraham is not immune from tort liability simply because he was acting as an officer of F.B.A.C. when he withdraw the funds. LaClair v. Silberline Mfg. Co., Inc. 379 Mass. 21 , 393 N.E.2d 867 (1979). … Clearly, it was Schmid’s understanding that he would give the release to Abraham, Spiliakos and F.B.A.C. only if he would get $100,000 from Ala Fadili.

Bone v. Attorney General

150 F. Supp. 3d 140 · District Court, D. Massachusetts · Dec 16, 2015

The Appeals Court rejected this argument, and its decision was neither contrary to, nor involved an unreasonable application of, clearly established Federal law. … Thus, Bone has not shown that the Appeals Court’s decision was contrary to or an unreasonable application of clearly established Federal law. f.

Pemberton v. Pemberton

9 Mass. App. Ct. 9 · Massachusetts Appeals Court · Jan 3, 1980

The award, of course, is not to be changed unless an abuse of discretion on the judge’s part is evident from a demonstration that the amount set is clearly incommensurate with an objective evaluation of the services performed … The immunization of the trust assets from the reach of creditors of the beneficiary is complete.” Powell, Freedom of Alienation — For Whom?

Gammell v. Prudential Insurance Co. of America

600 F. Supp. 2d 227 · District Court, D. Massachusetts · Sep 25, 2008

As an employee benefit, Digital established a long-term disability plan in which qualified employees were allowed to participate. … At this time, full delineation and confirmation of any diagnosis is very difficult to establish with any degree of certainty. It is important to note that Mr.

Monahan Corp. N v. v. Whitty

319 F. Supp. 2d 227 · District Court, D. Massachusetts · Jun 1, 2004

They later say that they are entitled to the same relief under Rule 11 on even a lesser showing — i.e., they do not even have to establish bad faith. Defendants’ Memorandum, p. 16-17. … That, in turn, represents a waiver of sovereign immunity to the extent that such fees are extracted from the public fisc. That, of course, presents special concerns.

Commonwealth v. York

15 Mass. L. Rptr. 68 · Massachusetts Superior Court · Aug 7, 2002

Psychiatric expert testimony based on the Respondent’s compelled statements clearly would be the “fruits” of such compelled testimonial communication and an invasion of his most precious right to privacy, his thoughts. … established a realistic Release Plan?

Nugent v. Boston Consolidated Gas Co.

238 Mass. 221 · Massachusetts Supreme Judicial Court · Mar 18, 1921

was bound thereafter to use due care in maintenance not only under the conditions of travel existing when the conduit was built but coming into existence afterwards, whether by resurfacing or paving of the street, or the establishment … It is a question of reasonable care,” accurately and clearly stated the law. The jury doubtless could find that in the construction of the conduit there were deviations from the plan as approved.

Doe v. Harbor Schools, Inc.

446 Mass. 245 · Massachusetts Supreme Judicial Court · Mar 14, 2006

Freeman apparently had some contact with Doe through the fall of 1994, and at some point in 1994 wrote a note to Joseph claiming, among other things, that Doe had acquired immune deficiency disease and that he had reported … In a footnote in their brief, the defendants urge us to ignore an affidavit of *254 Heyman, Doe’s therapist, because it conflicts with Doe’s deposition testimony and because Doe has failed to qualify Heyman as an expert.

Glass Dimensions, Inc. v. State Street Bank & Trust Co.

285 F.R.D. 169 · District Court, D. Massachusetts · Aug 22, 2012

The record clearly demonstrates that the structure of the fee split was common across all of the lending funds. Accordingly, Plaintiff has presented sufficient common issues to meet the commonality prong of Rule 23(a). … As discussed above, Plaintiff presents the same claims as the rest of the proposed class, and is not subject to any unique defense. 79 Plaintiffs chosen counsel is qualified, experienced, and able to vigorously conduct the

Gallagher v. Park West Bank & Trust Co.

11 F. Supp. 2d 136 · District Court, D. Massachusetts · May 20, 1998

The new plan documentation was intended to qualify under ERISA and be used by Park West clients. … With regard to the relative merits of the parties’ positions, the counter-claimant clearly prevails.

Parikh v. Franklin Medical Center

940 F. Supp. 395 · District Court, D. Massachusetts · Sep 20, 1996

Singla clearly falls into this category. … Not only are doctors and hospitals not immune from the federal antitrust laws, Goldfarb v.

Weichel v. Walsh

District Court, D. Massachusetts · Mar 18, 2025

motions to dismiss for statute of limitations grounds and based on qualified immunity, except that the court granted dismissal on qualified immunity grounds as to the claim for failure to intervene. … None of these cases sheds any light on whether Boston may be deemed to have established a policy here.

Commonwealth v. Phillips

452 Mass. 617 · Massachusetts Supreme Judicial Court · Nov 24, 2008

The instruction clearly and correctly conveyed the applicable law. See Commonwealth v. Owens, 414 Mass. 595, 607 (1993). … The judge was not required to qualify Gom as an expert before the jury. See Commonwealth v. Frangipane, 433 Mass. 527 , 530 n.4 (2001).

Brown v. C2CInnovative Solutions, Inc.

District Court, D. Massachusetts · Aug 13, 2025

Section 54A(g), in turn, establishes a private right of action. … Separately, Brown fails to plausibly allege that NGS qualifies as a “debt collector” within the meaning of Section 1692a(6).

Reynolds Bros., Inc. v. Commonwealth

412 Mass. 1 · Massachusetts Supreme Judicial Court · Feb 24, 1992

No one contests, and therefore we assume, the appropriateness of those documents to establish the facts of the case for summary judgment purposes. … Completion of the award process [including execution and completion of the contract document] is clearly implied.” The Common *7 wealth does not make this argument.