Case law

Newell v. Celadon Security Services, Inc.

417 F. Supp. 2d 85 · District Court, D. Massachusetts · Jan 17, 2006

It was clearly contrary to the best interest of Celadon to tolerate a situation where its personnel, who were hired to provide security, did not have access to backup help in case of an emergency. … In light of this court's conclusion that Koui-dri did not qualify as a supervisor, it will not address whether Celadon is entitled to assert the Faragher/Ellerth defense. 9 .

Drexler v. Tel Nexx, Inc.

125 F. Supp. 3d 361 · District Court, D. Massachusetts · Aug 28, 2015

The FLSA places the burden of establishing the applicability of an exemption on the employer. Id. at 240. … The Department of Labor’s FLSA regulations establish a three-prong test for determining whether an employee qualifies under the, administrative exemption: The term “employee employed in a bona fide administrative capacity

Cambridge Biotech Corp. v. Pasteur Sanofi Diagnostics

433 Mass. 122 · Massachusetts Supreme Judicial Court · Dec 22, 2000

necessary to decide the appeal is as follows. 3 CBC is a technology licensing company holding patent licenses for diagnostic tests that detect the presence of the human immunodeficiency virus (HIV) associated with Acquired Immune … Whatever inconvenience the plaintiffs might suffer by being required to bring their suit in the courts of France was clearly foreseeable at the time the contract was made. See The Bremen v.

Enos v. Secretary of Environmental Affairs

432 Mass. 132 · Massachusetts Supreme Judicial Court · Jul 14, 2000

in analyzing environmental impacts; in tracing, summarizing, and quantifying environmental effects; in discussing alternatives to proposed mitigation measures; in failing to address the “no-build” alternative; and in not clearly … This language, however, was not meant to establish a broad rule that would allow anyone alleging potential property damage from a proposed project to use G.

Barrios v. Viking Seafood, Inc.

6 Mass. L. Rptr. 281 · Massachusetts Superior Court · Dec 15, 1996

It would make little sense to mandate that an action be filed when, at the time of filing, the right to relief has not yet been and could not be established. … “G.L.c. 23 IB, §4(b), was drafted to encourage settlements in multiple party tort actions by clearly delineating the effect settlement will have on collateral rights and liabilities in future litigation.” Bishop v.

Attorney General v. M.C.K., Inc.

432 Mass. 546 · Massachusetts Supreme Judicial Court · Oct 13, 2000

In the case of Union Square, Konig established Reifer, Inc. (Rei-fer), to hold title to the real estate and tangible assets used in the operation of the home, and M.C.K., Inc. … contemplates that the receiver may also make major repairs to the real or personal property of the facility, to the extent necessary to prevent or remove jeopardy to the health, safety, or welfare of the residents, or to minimally qualify

Care & Protection of Robert

408 Mass. 52 · Massachusetts Supreme Judicial Court · Jul 16, 1990

Prior to the care and protection hearing, the court must order a qualified person to investigate the child’s situation. G. L. c. 119, § 24. … However, notwithstanding the precious character of a parent’s relationship with his or her children, the parent’s interest is not immune from State intervention.

Transwitch Corp. v. Galazar Networks, Inc.

377 F. Supp. 2d 284 · District Court, D. Massachusetts · Mar 1, 2005

As to the non dispositive motion, the motion to amend, I conclude that the Magistrate Judge’s order is neither clearly erroneous or contrary to law under Fed. R. Civ. Pro. 72(a). … The burden is upon Galazar not only to establish the existence of jurisdiction at the time it filed the counterclaim in February 2003 but also to establish that jurisdiction “has continued since[] the time the counterclaim

Com. of Mass. v. Heckler

616 F. Supp. 687 · District Court, D. Massachusetts · Aug 27, 1985

Section 12 of Chapter 766 requires that the Department of Education (“DOE”) establish and maintain a school department for school-age children in each ICF/MR and provide services jointly with the DMH. … Briefly, EAHCA requires that in order to qualify for federal education assistance under the statute, the state must assure all handicapped children the right to a free appropriate public education. 20 U.S.C. § 1412 (1). 3

Town of Norfolk v. United States Environmental Protection Agency

761 F. Supp. 867 · District Court, D. Massachusetts · Apr 5, 1991

Rather, the EIS clearly discloses EPA’s *878 concern with the issue and the additional steps it took to confirm its preliminary conclusions. … This description disclosed, inter alia, that the upper pond of “Wetland A” may qualify as a vernal pool under the Massachusetts wetland protection statute, Mass. Gen.

General Industries, Inc. v. Shea (In Re General Industries, Inc.)

79 B.R. 124 · United States Bankruptcy Court, D. Massachusetts · Oct 30, 1987

Shea, who qualified as an expert, gave an opinion of $35,000 to $40,000 as of July of 1984, when a prior abortive foreclosure sale took place. The Court is not heavily persuaded by Mr. … The agreement’s figure is clearly in error. We furthermore find that Shea, in his records, did not properly calculate the interest on the debt.

Tobin v. Norwood Country Club, Inc.

422 Mass. 126 · Massachusetts Supreme Judicial Court · Feb 22, 1996

If the jury find that the establishment knew or reasonably should have known that the establishment was furnishing alcohol to minors, the establishment has breached its duty of care and, if causation is established, may be … In this case, the decedent was clearly a minor by either definition. If she had been not age seventeen but age twelve, our decision would, we suppose, seem inevit *138 able.

In Re Columbia Packing Co.

47 B.R. 126 · United States Bankruptcy Court, D. Massachusetts · Feb 22, 1985

Today, funding of pension plans for the limited and specific purpose of qualifying for tax benefits permitted by law for contributions made is governed by statutory and regulatory requirements which are under the jurisdiction … And, if it were and the plan had been fully funded up to that last year, that would clearly constitute overfunding.

Kimball, Bennett, Brooslin & Pava v. McGahan

16 Mass. L. Rptr. 562 · Massachusetts Superior Court · Jun 17, 2003

Liability McGahan argues that the court should have directed a verdict in her favor on the basis of liability because the evidence established that she was a qualified handicapped individual to whom Kimball Bennett had denied … Smith at 1113 (“A rule of per se admissibility of the investigative file would clearly undercut the district court’s function as independent fact-finder.

Mongeon v. Arbella Mutual Insurance

17 Mass. L. Rptr. 631 · Massachusetts Superior Court · Apr 23, 2004

Rasmussen clearly states that at most he suffered from anxiety from this accident and not from any cardiac condition. … As of that date, the plaintiffs medicals and other damages were clearly in excess of $60,000.

United States v. Rigaud

724 F. Supp. 2d 223 · District Court, D. Massachusetts · Jul 7, 2010

It does not clearly state that Trainor was searched and thus is ambiguous, i.e., it could mean that she was simply asked if she had any cocaine. … To qualify for a Franks hearing, however, it is the defendant who must make a substantial preliminary showing of impropriety in the affidavit.

Nieves v. McSweeney

73 F. Supp. 2d 98 · District Court, D. Massachusetts · Nov 2, 1999

. §§ 1983 and 1985 and, if so, whether the plaintiffs have established such claims. … established rights, privileges or immunities guaranteed by the federal Constitution or laws of the United States.

Doyle v. Department of Industrial Accidents

50 Mass. App. Ct. 42 · Massachusetts Appeals Court · Sep 7, 2000

“To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. … Generally, an individual has a *46 property interest in a benefit when the relevant law establishes certain eligibility criteria which, if met, entitle an individual to the benefit. See Madera v.

Whitehouse v. Raytheon Co.

672 F. Supp. 2d 174 · District Court, D. Massachusetts · Nov 5, 2009

Anderson asserted that “[t]here clearly was debilitating cognitive functioning impairment observed and reported.” AR 136. … To qualify for long term disability benefits, a claimant must first receive the full ten-week period of STD benefits. AR 042.

I.P. Lund Trading ApS v. Kohler Co.

11 F. Supp. 2d 112 · District Court, D. Massachusetts · Feb 5, 1998

The Village Catch, Inc., 698 F.Supp. 994, 1015 (D.Mass.1988) (“Preventing -.consumer confusion is clearly in the public interest.”) … This finding is supported by the fact that the housemarks, VOLA and Kohler, are clearly dissimilar and prominently displayed on each product. 26 See R.G. Barry Corp. v. A.