Case law

American Science and Engineering, Inc. v. Kelly

69 F. Supp. 2d 227 · District Court, D. Massachusetts · Aug 24, 1999

Its detailed specifications and requirements were established by the statement of work. … It is difficult to see how something AS & E does not use and which it believes likely would not work well could qualify for trade secret protection.

Commonwealth v. Robinson

449 Mass. 1 · Massachusetts Supreme Judicial Court · Apr 26, 2007

[T]he current empirical foundation may be too meager to support recommendations for reform or qualify as a subject of scientific knowledge.” … The judge clearly acted within her discretion in determining, *11 at 11:20 a.m., that the juror had created an unreasonable delay.

In re Pelvic Mesh/Gynecare Litigation

32 Mass. L. Rptr. 304 · Massachusetts Superior Court · Apr 14, 2014

(Ex. 3.) 2 The Journal is described as “the gold standard for qualify biomedical research and for the best practices in clinical medicine.” (Ex. 4.) … Applying traditional conflicts principles, Massachusetts clearly has the more significant relationship to the issue whether the NEJM peer review and editorial decision making processes should be protected from disclosure.

Coucelos v. City of Woburn

District Court, D. Massachusetts · Sep 26, 2024

harassment only where the recipient’s response to the harassment or lack thereof is clearly unreasonable in light of the known circumstances.’” … In Thomas, where a student was raped with a broomstick by other students at a football sleep-away camp, the district court found that the incident did not qualify as one of the “narrow circumstances” described by the First

In re Kology

499 B.R. 20 · United States Bankruptcy Court, D. Massachusetts · Sep 24, 2013

Next, the Debtors’ house is unquestionably a “home,” and the evidence clearly establishes that the Debtors have occupied and intended to occupy their house as a principal residence since at least 2010 when the fifth-wheel … The evidence clearly establishes that the Debtors occupy their house, which is located on Lot 4, as a principal residence.

Commonwealth v. Flint

81 Mass. App. Ct. 794 · Massachusetts Appeals Court · May 30, 2012

The judge’s findings in reconstructing the record are supported by the evidence and not clearly erroneous. 4. Evidentiary issues, a. Multiple reports by victim. … admissible under the newly established doctrine of first complaint.

Benner v. Alves

District Court, D. Massachusetts · Jan 25, 2022

Under the Eleventh Amendment to the Constitution, “[s]tates and their agencies are entitled to sovereign immunity ‘regardless of the relief sought.’” Poirier v. … “It is well established that the Constitution does not guarantee that a ‘prisoner will be placed in any particular prison.’” Schofield v. Clarke, 769 F. Supp. 2d 42, 49 (D.

Realty Central, LLC v. Re/Max of New England, Inc.

16 Mass. L. Rptr. 709 · Massachusetts Superior Court · Aug 12, 2003

Here, there was clearly no acceptance by Re/Max in the manner called for by the Franchise Agreement. … The evidence clearly establishes that the plaintiffs were alerted to any possible discrepancy between the alleged oral misrepresentations and the Franchise Agreement prior to executing the Franchise Agreement, both by Hummer

Arias v. City of Everett

District Court, D. Massachusetts · Dec 4, 2019

“Exclusivity is an important qualifier, and its presence severely limits the range of eligible activities. … Immunity and Municipal Liability Finally, the Municipal Defendants argue that their liability is restricted on the basis of qualified immunity and the limits of municipal liability.

Atlanticare Medical Center v. Commissioner of the Division of Medical Assistance

439 Mass. 1 · Massachusetts Supreme Judicial Court · Mar 20, 2003

The statute clearly designates the “State or local agency” as the entity responsible for collecting the reimbursement. … Moreover, it is clear that when subparagraphs (E) and (F) were added, Congress did not intend to qualify subparagraph (B), but rather to limit the scope of subparagraph (A), and the division acknowledges as much.

Keystone Freight Corp. v. Bartlett Consolidated, Inc.

77 Mass. App. Ct. 304 · Massachusetts Appeals Court · Aug 2, 2010

[Keystone’s] claims and [Bartlett’s original] claim. . . that the former clearly should have been added as compulsory counterclaims to [Keystone’s] answer. . .” Mancuso, supra. … We are required to determine then whether Bartlett has established that there is no conduct on its part other than filing the claim.

Dennis v. Wachovia Securities, LLC

429 F. Supp. 2d 281 · District Court, D. Massachusetts · Mar 31, 2006

Wachovia argues, however, that it relied on the cross-examination of the expert, which showed serious flaws in the expert’s analysis, as well as the testimony of Ewanouski who was qualified to testify about the suitability … Tanner, 72 F.3d at 240-41 (where contested issue was clearly presented to the arbitrators, and arbitrators declined to give their reason for their conclusions, plaintiff failed to establish that the arbitrators knew yet disregarded

Janocha's Case

Massachusetts Appeals Court · May 2, 2018

General Laws c. 152, § 65, establishes the trust fund as a State administered fund that compensates injured employees and reimburses insurers for payment of benefits under statutorily defined circumstances. … Section 65(2)(e) conditions payment of benefits by the trust fund to a qualifying employee whose employer is "uninsured in violation of this chapter."

Campbell v. BankBoston, N.A.

206 F. Supp. 2d 70 · District Court, D. Massachusetts · May 17, 2002

Polaroid Corp., 985 F.2d 13, 14 (1st Cir.1993) (ERISA governs qualified retirement plans). … There is no clearly established public policy at play here. See King v. Driscoll, 418 Mass. 576, 582 , 638 N.E.2d 488, 492 (1994).

Librera v. United States

718 F. Supp. 111 · District Court, D. Massachusetts · Aug 24, 1989

The general policy regarding the tort liability of the United States has been clearly stated by Congress in at least two separate statutes. 28 U.S.C. § 1346 (b) states that: [sjubject to the provisions of chapter 171 [ 28 … Our position leaves untouched the immunity of the United States from liability for the negligent acts of an employee of an independent contractor.

Haraden

District Court, D. Massachusetts · Sep 10, 2026

Plaintiff expressed interest in re- establishing rheumatology care, so Dr. … and for establishing a right to lump-sum death payment.” 20 C.F.R. § 404.1(h).

Markell v. State Tax Commission

4 Mass. Supp. 215 · Massachusetts Appellate Tax Board · Jan 26, 1983

Thus, it is apparent that the legislature clearly contemplated that dividends whether arising out of the conduct of a trade or business or otherwise were to be taxed as Part A adjusted gross income and not under Part B adjusted … This principle was established in Higgins v. Commissioner, 312 U.S. 212 , (1941) and has been adhered to since. Whipple v. Commissioner, 373 U.S. 193, 200 (1963) ...

Goldman v. Feinman (In Re Goldman)

192 B.R. 1 · District Court, D. Massachusetts · Jan 18, 1996

At the same time, the last sentence, qualifying the exemption of this third category, was added. 1992 Mass. Acts c. 153, § 30. Goldman’s argument as to the amendments’ significance is not completely clear. … Moreover, at the same time as the IRA language moved to a clearly distinct phrase, the Legislature added the income limitation sentence following that phrase.

Trent Partners & Associates, Inc. v. Digital Equipment Corp.

120 F. Supp. 2d 84 · District Court, D. Massachusetts · Dec 22, 1999

It would be hard to imagine a statement that more clearly shows that Keller’s oral representations would not be legally binding. … By their very terms both of these elements clearly fall into “established common law ... concepts] of unfairness.” VMark, 37 Mass. App. Ct. at 620, 642 N.E.2d 587 .

Opinion of the Justices to the Senate

318 Mass. 793 · Massachusetts Supreme Judicial Court · Jun 8, 1945

Clearly it was not intended to give to the petitioners for a proposed law the right to amend such law while it was before the General Court for a vote upon its enactment. … He advised them that the trial of causes shoüld be a proceeding to learn the truth and to establish justice, and not a game to be won or lost by rigid rules.