Case law

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.

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.

In Re Wegrzyn

291 B.R. 2 · United States Bankruptcy Court, D. Massachusetts · Mar 28, 2003

These classifications do not provide a consistently workable test for identifying benefits qualifying for full or partial exemption. … As stated in Morehead: Some benefits, such as retirement benefits that will continue until death, are clearly permanent.

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

Mitchelson v. Aviation Simulation Technology Inc.

3 Mass. Supp. 281 · Massachusetts District Court · Feb 19, 1982

He does not dispute defendants’ position that several factors which may indicate the applicability of sec. 4(2) have been established, including: his qualifications as an offeree, the limited manner of the offering, the small … The existence of a genuine factual dispute on that issue would clearly render summary judgment inappropriate. See, Morrissey v. Procter and Gamble, 379 F.2d 675 , 677 n.2 (1st Cir. 1967).

Lowell School Committee v. United Teachers of Lowell, Local 495

6 Mass. L. Rptr. 591 · Massachusetts Superior Court · Apr 15, 1997

. *592 DISCUSSION This Court grants summary judgment where the record establishes that there are no genuine issues of material fact and that the moving party is entitled to judgment as a matter of law. Cassesso v. … Part 4 is as clear, and as clearly procedural, as Parts 1 and 2; it merely requires “a written statement as to the dispo *594 sition” of each transfer request by a specified date.

Commonwealth v. Sliech-Brodeur

457 Mass. 300 · Massachusetts Supreme Judicial Court · Jul 19, 2010

number of courts . . . have upheld without much discussion the seizure of documents during an otherwise valid search as in ‘plain view’ notwithstanding the fact that some perusal, generally fairly brief, of the documents was clearly … Accordingly, a court-ordered psychiatric examination of a defendant in these circumstances cannot take place unless there is constitutionally adequate immunity available, see id. at 761-764 , or, in the absence of immunity

Adams v. Mass General Brigham Incorporated

District Court, D. Massachusetts · Sep 28, 2023

As to each of those claims, MGB has established that the undisputed facts—for example, the failure of a plaintiff to offer proof of a medical condition—warrant the entry of summary judgment. … They also include “the operation of a major bodily function,” including immune system functions, digestion, and normal cell growth. 42 U.S.C. § 12102(2)(B). ADA claim.

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.

Tiffany & Co. v. Boston Club, Inc.

231 F. Supp. 836 · District Court, D. Massachusetts · Jul 2, 1964

It should be noted that in addition to qualifying on these two points, the record in the instant case establishes that there is and has been a confusion on the part of the public as to whether plaintiff owned, operated, or … I rule that plaintiff has clearly established the fact that it has developed its trade name and trademark over the years to the point where it has a strong secondary meaning, and that plaintiff has shown itself entitled to

Brown v. Butler

District Court, D. Massachusetts · Mar 15, 2018

Similarly, it would be entirely justified in finding that no argument in support of qualified immunity would protect the officer in the circumstances alleged from liability for … Under Massachusetts law, establishing a malicious prosecution claim requires proving malice, among other elements. Nieves v.

Commonwealth v. Elliot

393 Mass. 824 · Massachusetts Supreme Judicial Court · Feb 4, 1985

“The danger of *834 prejudice most clearly arises when the prior convictions are similar in nature to the indictments on trial. ... … It is firmly and wisely established in our law that no defendant should be convicted of a crime by proof of his reputation or propensity to commit similar crimes. ...

Phillip Morris Inc. v. Reilly

113 F. Supp. 2d 129 · District Court, D. Massachusetts · Sep 7, 2000

In summary, then, the record establishes that the plaintiffs have valuable property interests in confidential brand-specific ingredient information; the confidential information qualifies as trade secret information under … Among other things, Healy dealt with state regulation of prices, clearly economic regulation, whereas the Disclosure Act seeks to promote the public health.

Wilkerson v. Alves

District Court, D. Massachusetts · May 20, 2022

established Federal law. … Instead, the petitioner must show the state court’s decision was “objectively unreasonable” given the factual record and clearly established Federal law. Williams v.

National Kerosene Heater Ass'n v. Commonwealth of Massachusetts

653 F. Supp. 1079 · District Court, D. Massachusetts · Feb 24, 1987

March 13, 1986, plaintiff has not briefed or argued the issues raised by defendants’ motion concerning the commerce clause, due process and equal protection challenges or the individual defendants’ assertion of official immunity … Again, and even more clearly, defendants need not establish beyond dispute that Chapter 148 is wise legislation.

Kennebec Co. v. Augusta Insurance & Banking

72 Mass. 204 · Massachusetts Supreme Judicial Court · Mar 15, 1856

These facts were fully established by the evidence produced upon the trial, and are not now denied. … They did in fact establish an agency there. Of that no question is made.

Caveney v. Caveney

81 Mass. App. Ct. 102 · Massachusetts Appeals Court · Jan 12, 2012

The judge found that this representation was “clearly false.” … Fisher), the husband’s counsel stated specifically at trial that he had no objection to the witnesses being qualified as experts in their respective fields, and the witnesses were so qualified by the judge.

Thomas v. CitiMortgage, Inc. (In Re Thomas)

447 B.R. 402 · United States Bankruptcy Court, D. Massachusetts · Feb 9, 2011

To support this allegation, the plaintiff included in her complaint a list of charges from the loan settlement statement that she argues qualify as points and fees. … Thus, I need not determine whether any of the remaining charges alleged by the plaintiff qualify as points and fees.

Glosband v. Watts Detective Agency, Inc.

21 B.R. 963 · District Court, D. Massachusetts · Aug 28, 1981

Under either approach, the information would qualify as Bankruptcy Act “property.” … Clearly, McCormack’s Evidence, 2d ed., 1972, 445.

Tri-City Community Action Program, Inc. v. City of Malden

680 F. Supp. 2d 306 · District Court, D. Massachusetts · Jan 22, 2010

Prior to 2001, various courts of appeals had held that plaintiffs who were similarly-situated qualified as prevailing parties. See, e.g., Dahlem v. … In light of the parties' agreement that the case is now moot on all fronts, the plaintiffs are clearly abandoning their prayer for compensatory and punitive damages. 3 .