Case law

Manisy v. Maloney

283 F. Supp. 2d 307 · District Court, D. Massachusetts · Sep 4, 2003

In the alternative, Respondent argues that the ineffective assistance of counsel count fails to state a claim since the state court adjudication was not contrary to or an unreasonable application of clearly established Supreme … Thus, “a federal habeas court may not issue the writ simply because that court concludes in its independent judgment that the relevant state-court decision applied clearly established federal law erroneously or incorrectly

Carter v. Seto

2005 Mass. App. Div. 62 · Massachusetts District Court, Appellate Division · Jun 1, 2005

We need not decide on this appeal whether a garage door opener that allows access to a garage through which a tenant may enter an apartment would qualify as a key under §15B (1) (b) (iv). … R, Rule 52(c), findings of fact made upon conflicting evidence after a hearing or trial, which would be subject to the “clearly erroneous” standard of review on this appeal. See Makrigiannis v.

Erickson v. Thomas

23 Mass. L. Rptr. 295 · Massachusetts Superior Court · Oct 26, 2007

At the time, Erickson was qualified under HUD, Section 8 housing and was re-approved for an amount to cover her rent on the New Braintree cottage. … Clearly, the parties in the instant action are identical to those in the prior cases. The second question then is whether the claims in the two actions are the same. I conclude that they are.

Li v. Belmont Police Department

District Court, D. Massachusetts · Jan 25, 2019

. § 1827(a) (“The Director of the Administrative Office of the United States Courts shall establish a program to facilitate the use of certified and otherwise qualified interpreters in judicial proceedings instituted … federal courts to dismiss a complaint sua sponte if the claims therein lack an arguable basis in law or in fact, fail to state a claim on which relief may be granted, or seek monetary relief against a defendant who is immune

Converse Inc. v. Reebok International Ltd.

328 F. Supp. 2d 166 · District Court, D. Massachusetts · Aug 5, 2004

Instead, it is a descriptive term clearly meant to refer to the then upcoming NBA All-Star *170 Game. … The Elements and Burden of Proof for Civil Contempt To establish a claim for civil contempt, the complainant must “establish by clear and convincing evidence that the particular defendant violated an unambiguous consent decree

Perry v. Treseler

District Court, D. Massachusetts · Apr 15, 2020

The parole board shall establish procedures relative to the collection and waiver of such fees by regulation. … Section 368, which requires the parole board to assess a parole supervision fee upon every person who is granted parole unless the parolee qualifies for a waiver, authorizes the parole board to make the payment of the fee

Mashpee Tribe v. Watt

542 F. Supp. 797 · District Court, D. Massachusetts · Jun 30, 1982

Plaintiffs’ claims on behalf of the “Mashpee Tribe” are clearly barred by the decision in Mashpee I. … Mashpee I was clearly not a case in that category and does not fall within the exception to the adjudication on the merits in Rule 41(b).

LoRusso v. Telfer

29 Mass. App. Dec. 47 · Massachusetts District Court, Appellate Division · Aug 4, 1964

Based on available information the mortgagor has not established sufficient stability of employment to warrant assumption of the insurance risk in connection with a long term mortgage transaction. … It would clearly be inequitable, under the circumstances, for defendant to retain the deposit.

Local No. 1710, International Ass'n of Fire Fighters, AFL-CIO v. City of Chicopee

430 Mass. 417 · Massachusetts Supreme Judicial Court · Dec 13, 1999

These United States Supreme Court decisions have established a set of principles governing arbitration that are most clearly set out in AT&T, supra. … The Court was especially concerned with balancing the thirty-day deadline because the statute waived sovereign immunity.

United States v. Lacy

99 F. Supp. 2d 108 · District Court, D. Massachusetts · May 19, 2000

records who have been found guilty of similar criminal conduct, while maintaining sufficient flexibility to permit individualized sentences when warranted by mitigating or aggravating factors not taken into account in the establishment … Clearly, § 4A1.3 departures are "encouraged departures” under Koon v.

Carrozza v. CVS Pharmacy, Inc.

District Court, D. Massachusetts · Jul 8, 2019

Backman is not qualified to render the opinions at issue, and his opinions are not based on adequate data. … This is clearly an improper attempt to reopen discovery.

Commonwealth v. Butler

90 Mass. App. Ct. 599 · Massachusetts Appeals Court · Nov 4, 2016

“[T]he procedure used in this Commonwealth to choose jury panels from lists of qualified jurors is random selection. . . . … The defendant has not established that the judge abused his discretion. The defendant also did not establish that any particular group was underrepresented in the venire. 2.

Richardson v. Fleet Bank of Massachusetts

190 F. Supp. 2d 81 · District Court, D. Massachusetts · Aug 10, 2001

To establish a prima facie case pursuant to section 1681e(b), the plaintiff must “produce evidence from which a reasonable trier of fact could infer that the inaccurate entry was a ‘substantial factor’ that brought about … Section 1681h(e) has been interpreted “to provide qualified immunity to consumer reporting agencies except as to false information furnished with malice or willful intent to injure.” Wiggins v.

Defosse v. Bowen

670 F. Supp. 1078 · District Court, D. Massachusetts · Oct 2, 1987

Despite plaintiff’s testimony, the ALJ found that the claimant’s “assertions of pain, when correlated to the physical findings and clinical features, clearly demonstrate that the complaints appear to be far out of proportion … As the Court of Appeals for the First Circuit recently stated, “[t]he mere existence of evidence in addition to that submitted before the hearing examiner will not constitute sufficient cause for remand____ Rather, to qualify

Smith v. Chase Enterprises Corporation

District Court, D. Massachusetts · Sep 23, 2024

Rather, the goggles, which were introduced as a physical exhibit at trial, are clearly polarized, as stated on the lens. … DISCRETIONARY FUNCTION IMMUNITY The United States is generally immune from suit without its consent. See Evans v. United States, 876 F.3d 375, 380 (1st Cir. 2017).

Chandler v. Raytheon Employees Disability Trust

53 F. Supp. 2d 84 · District Court, D. Massachusetts · Jun 11, 1999

An employee may receive full disability benefits for the first two years of disability, at the end of which payments terminate unless the employee qualifies for total disability benefits. B. … If the plan clearly gives such discretionary authority, then the administrator’s decisions are subject to “a deferential ‘arbitrary and capricious’ standard of judicial review.” Recupero v. New England Tel. & Tel.

MacLeod v. Nolan

497 F. Supp. 2d 65 · District Court, D. Massachusetts · Jul 9, 2007

Applying these principles to the instant case, the petitioner has failed to establish that the Appeals Court’s adjudication resulted in a decision that was contrary to or involved an unreasonable application of clearly established … Consequently, Mac-Leod has failed to establish that the decision was “contrary to” clearly established federal law. 4 Similarly, MacLeod has not established that the Appeals Court, having correctly identified the governing

Town of Brookline v. Commissioner of the Department of Environmental Quality Engineering

398 Mass. 404 · Massachusetts Supreme Judicial Court · Sep 8, 1986

Whether this theory is correct, it has been established for carcinogens, generally, that, as the exposure increases, the risk increases. … DEQE clearly has not erred in drawing the line between reasonable and unreasonable risks.

Muchnick v. BAY ST. HARNESS HORSE RACING & BREEDING

341 Mass. 578 · Massachusetts Supreme Judicial Court · Jan 3, 1961

Another reason why the title does not indicate an unconditional maturity date of June 1, 1954, is that such a construction would ignore the words "except as hereinafter provided" in the paragraph qualifying the efficient … In that event, the insuring clause itself would fully, completely and definitely fix the extent of the coverage, and the insured would have to prove that the loss arose from a risk included in the coverage as thus established

Chase v. Pevear

383 Mass. 350 · Massachusetts Supreme Judicial Court · Apr 9, 1981

Such an opinion is suggestive, but falls short of establishing that the judge’s finding was clearly erroneous. c. Standard of review of the master’s findings. … Those findings are not clearly erroneous.