Case law

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 .

Commonwealth v. Chapman

54 Mass. 68 · Massachusetts Supreme Judicial Court · Sep 15, 1847

of judges whose knowledge of that law — the unwritten or customary law — is derived from experience and study, and from being “ long personally accustomed to the judicial decisions of their predecessors,” and of course qualified … But the publication of a libel maliciously, and with intent to defame, is clearly an offence against law. This case of Commonwealth v.

Demoulas v. Demoulas

31 Mass. L. Rptr. 509 · Massachusetts Superior Court · Sep 25, 2013

Clearly Judge Lopez recognized the necessity of explicitly designating an objective, widely recognized standard, and knew how to identify such a standard. … Nor is such a prohibition inherent in the structure Judge Lopez established.

Lewis v. Brotherhood Accident Co.

194 Mass. 1 · Massachusetts Supreme Judicial Court · Jan 4, 1907

An interpretation founded upon such a basis of distinction, and leading to results so unreasonable is not to be adopted unless clearly required by unmistakable language. … By the terms of this policy the facts and circumstances of the accident and injury are to be established by those who saw them.

Moss's Case

451 Mass. 704 · Massachusetts Supreme Judicial Court · Jun 30, 2008

Clearly a causal relationship is required between the employment duties and the injury or death. … been rendered unable to testify should qualify for workers’ compensation benefits unless persuasive contrary evidence indicates otherwise.

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.

Commonwealth v. Gerhartsreiter

82 Mass. App. Ct. 500 · Massachusetts Appeals Court · Sep 28, 2012

The legal standard for determining criminal responsibility, established in Commonwealth v. … The Commonwealth bears the burden of establishing beyond a reasonable doubt that a defendant’s statements were voluntary, Commonwealth v.

Geigel v. Boston Police Department

District Court, D. Massachusetts · Jan 5, 2024

For the purposes of the motion to dismiss, the City does not contest that Cristhian was a “qualified individual with a disability.” D. 1 ¶ 82; D. 9 at 19. … b) Immunity Under the Massachusetts Tort Claims Act The Massachusetts Tort Claims Act (“MTCA”), Mass. Gen.

Petition of United States

255 F. Supp. 737 · District Court, D. Massachusetts · Jun 30, 1966

Roberts was an ordinary fisherman, not shown to be qualified or experienced in navigation, and I find that during the period he was standing watch he in fact observed nothing unusual, save a slackening of the towline. … McManus, and the extent to which the Coast Guard vested in him complete responsibility for making decisions pertaining to this mission, are further established by the testimony of Capt.

United States v. Swartz

945 F. Supp. 2d 216 · District Court, D. Massachusetts · May 13, 2013

In re Grand Jury Subpoena, 662 F.3d 65, 67 (1st Cir.2011) (using pseudonyms in place of the names of subpoenaed entities in order to “preserve the confidentiality of grand jury proceedings” established by Fed.R.Crim.P. 6( … The Protective Order anticipated the latter concerns, and in that regard, the victims clearly continued to rely upon it.

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.

AM. GRAIN PROD. PROCESSING INST v. Dept. of Pub. Hlth.

392 Mass. 309 · Massachusetts Supreme Judicial Court · Jun 27, 1984

To accept such an argument would be in contravention of the clearly expressed intention of the Legislature. … O'Reilly, Administrative Rulemaking 40 (1983) ("No agency is immune from tough judicial review, and the good cause exception is especially deserving of tough scrutiny").

In Re Mut. Life Ins. Co. of New York Premium Lit.

299 F. Supp. 2d 4 · District Court, D. Massachusetts · Jan 27, 2004

When compared to Richard Brown’s deposition testimony, the new document merely establishes that the evidence is, at best, unclear, and at worst, contradictory. … New England Life, however, does not expressly qualify its holding in this manner.

Leavitt v. Mizner

404 Mass. 81 · Massachusetts Supreme Judicial Court · Feb 13, 1989

However, since the purpose of summary judgment can be served before trial, the decision of a trial court judge to deny summary judgment clearly is reviewable on an interlocutory appeal. … The plaintiffs’ admitted failure to use available procedures to procure the desired evidence establishes for summary judgment purposes that the plaintiffs did not exercise the diligence necessary to establish evidence as

In Re Monarch Capital Corp.

173 B.R. 31 · District Court, D. Massachusetts · Oct 5, 1994

Moreover, if the "clearly erroneous" standard were to apply, a bankruptcy court would be possessed of the power to enforce all of its own determinations immune from any meaningful review by an Art. III court. … Finally, the Omega Equipment Corp. court asserts that the bankruptcy court's determinations are immune from meaningful review.

Institut Pasteur v. Cambridge Biotech Corp. (In Re Cambridge Biotech Corp.)

212 B.R. 10 · District Court, D. Massachusetts · Aug 15, 1997

“Antigenic” proteins (“antigens”) like pl8 are proteins that cause an immune response in the body, i.e. cause antibodies to be produced. … See 35 U.S.C. § 282 (stating that a patent is presumed valid and the burden of establishing invalidity rests on the party asserting it).

Butcher v. University of Massachusetts

111 N.E.3d 294 · Massachusetts Appeals Court · Sep 17, 2018

Time, Inc., 643 F.2d 134, 141-142 (3d Cir. 1981) (allegations in nonpublic, but official, Federal Bureau of Investigation investigatory reports submitted by Philadelphia field office qualified for privilege). … Agis v. 11Butcher has not asserted a claim for negligent infliction of emotional distress. 12Because UMass is statutorily immune, summary judgment properly entered in favor of UMass as to Butcher's intentional

Guerra v. Easco Aluminum Corp.

12 Mass. L. Rptr. 490 · Massachusetts Superior Court · Nov 20, 2000

Unlike Bavuso , the danger posed by using the strapping here was not clearly open and obvious to preclude recovery on this count as a matter of law. … See Fernandes, supra, 400 Mass. at 34 (discussing the three elements necessary to establish that a warranty of fitness for a particular purpose existed). See also Hannon v.