Case law

King v. McDonough

District Court, D. Massachusetts · Mar 30, 2022

Plaintiff Has Failed to Establish He was Qualified to Perform the Essential Functions of His VSR Position Mr. … King’s failure to do any work for almost a year establishes that he was not qualified to perform the essential functions of his job.

Gomez v. United States Postal Service

District Court, D. Massachusetts · Nov 29, 2021

version of the postal exam is made available to applicants with qualified disabilities. … To assert a failure to accommodate claim, Gomez must 13 establish: (1) that he suffered from a disability; (2) that he was a qualified to perform the

AW Chesterton Co., Inc. v. Chesterton

951 F. Supp. 291 · District Court, D. Massachusetts · Jan 15, 1997

Expert testimony presented at trial establishes that such benefits will likely continue unless the Company’s S status is terminated. … Defendant, therefore, does not qualify for relief under ch. 156B.

Stebbins v. Jennings

27 Mass. 172 · Massachusetts Supreme Judicial Court · Oct 15, 1830

But were it otherwise, were it proved ever so clearly, that to some purposes churches are corporations, with power to bold property, it would tend very little to establish the conclusion, that therefore they may secede from … The latter, being qualified to provide for the support of public worship, and the maintenance of religious teachers, is invested with all vhe powers pf an independent body politic, which are necessary and proper to enable

Attorney General v. Old Colony Railroad

160 Mass. 62 · Massachusetts Supreme Judicial Court · Nov 3, 1893

I am therefore of opinion that the peti-, tians should not be dismissed on the ground that the statute impairs the obligation of contracts securing to the defendants immunity from reduction of fares. … The Legislature’s determination of what is reasonable is also conclusive, subject only to the limitation that its enactment shall not conflict with any expressed or clearly implied provisions of the Constitution either of

Andrew Robinson International, Inc. v. Hartford Fire Insurance

21 Mass. L. Rptr. 60 · Massachusetts Superior Court · Feb 6, 2006

However, the Coverage Form also indicates that a cloud of fine particulate matter, i.e. dust or smoke, that contains lead may qualify as a “Specified Causef ] of Loss.” … In light of the well established rule that ambiguities in insurance contracts are to be construed against the insurer, see Cody v. Connecticut Gen. Life. Ins.

Arrigo v. Planning Board of Franklin

12 Mass. App. Ct. 802 · Massachusetts Appeals Court · Dec 21, 1981

The two lots shown on the Mercers’ subdivision plan have long frontages on an established public way. … Such a bailing out is clearly not in the public interest and is plainly contrary to the intent and purpose of G. L. c. 41.” 7 An exception was Planning Bd. of Framingham v. Board of Appeals of Framingham, 5 Mass. App.

Commonwealth v. Murphy

409 Mass. 665 · Massachusetts Supreme Judicial Court · Apr 3, 1991

General Laws c. 90 establishes a comprehensive scheme for registering automobiles and licensing drivers, while G.L.c. 266 punishes certain crimes against property, including the theft and concealment of automobiles. … The purpose of licensing operators of automobiles is to make it reasonably certain that the licensee is qualified for the task and a proper person to be licensed. G.L.c. 90, §§ 8, 10." Gordon v.

Souza v. Sheriff of Bristol County

455 Mass. 573 · Massachusetts Supreme Judicial Court · Jan 5, 2010

Because the Legislature may not “effectQ a material change in or a repeal of the common law unless the intent to do so is clearly expressed,” Riley v. Davison Constr. Co., 381 Mass. 432, 438 (1980), quoting Pineo v. … Under the program, an inmate qualifies as “indigent” if he or she has five dollars or less in her IMA for a period of thirty days.

Visiting Nurse Ass'n of North Shore, Inc. v. Bullen

866 F. Supp. 1444 · District Court, D. Massachusetts · Oct 12, 1994

The operative language, defendants claim, 21 clearly conferred a benefit on institutional providers. From the outset, § 30(A) was enacted to limit reimbursements. … to establish a single rate for each service category for all providers.

George v. National Water Main Cleaning Co.

286 F.R.D. 168 · District Court, D. Massachusetts · Sep 27, 2012

Prevailing wage statutes require employers to pay their employees working under qualified contracts a specified hourly rate. D. 38 at ¶¶ 40-44. … But those inquiries go not to commonality (since clearly, these are not common questions of fact) but to predominance, which the Court addresses below.

Brown v. United States

599 F. Supp. 877 · District Court, D. Massachusetts · Dec 21, 1984

Although the court deemed both witnesses qualified to render opinions on a variety of relevant issues, it found the testimony of Mr. Haggard more persuasive. … The testimony of Captain Brown established that fishermen had come to rely on the government’s forecasts.

Misiph

District Court, D. Massachusetts · Mar 3, 2026

The party seeking to introduce expert evidence has the burden of establishing both its reliability and its relevance. Rodriguez, 91 F.4th at 70 (citation omitted). … The other variables da Silva used are clearly described and supported by a detailed economic model within her report. See id. at 9, 22-23, 28. I therefore find that the admissibility standard has been met.

Fecho v. Eli Lilly & Co.

914 F. Supp. 2d 130 · District Court, D. Massachusetts · Dec 21, 2012

Rule 406 is silent with respect to the method of proof to establish habit. … For purposes of summary judgment only, this court finds that the group qualifies as an organization. .

Gagne v. O'Donoghue

8 Mass. L. Rptr. 648 · Massachusetts Superior Court · Jul 14, 1998

As a result of this alleged misconduct, plaintiff seeks an order of default judgment, or in the alternative, the striking of affirmative defenses of defendants, including statute of limitations and charitable immunity defenses … Plaintiff complains that, by its answer, the Diocese clearly implied that the caller did not identify himself, since the interrogatory had specifically asked for the identity of any such informant, but that subsequently,

Crespo v. Candela Laser Corp.

780 F. Supp. 866 · District Court, D. Massachusetts · Jan 9, 1992

To establish federal jurisdiction, the complaint must allege such facts as will show the establishment or maintenance of a ‘plan, fund or program’ of the type covered by ERISA.” Molyneux v. … “Quite clearly, there must be a point beyond which ERISA was not designed to reach.” Totton v. New York Life Insurance Co., 685 F.Supp. 27, 30 (D.Conn.1987) (citing Momingstar v.

Bennett v. Milford Water Co.

30 Mass. L. Rptr. 466 · Massachusetts Superior Court · Oct 1, 2012

The defendant asserts that regulatory violations, without more, do not qualify as violations of c. 93A. … Nor has the defendant established their irrelevance.

Commonwealth v. Almonte

465 Mass. 224 · Massachusetts Supreme Judicial Court · May 20, 2013

The evidence in this case clearly was sufficient to meet the Latimore standard. … These conclusory assertions hardly qualify as proper argument, but in any event, “[a] claim of ineffective assistance of counsel that has not first been made in a motion for a new trial is the ‘weakest form’ of such a challenge

In Re CK Liquidation Corp.

339 B.R. 283 · United States Bankruptcy Court, D. Massachusetts · Mar 20, 2006

White did not disclose in his objection that he was trying to establish an investment group so that he could bid to purchase the assets himself. 1 On September 12, 2003, this Court issued an order establishing the bidding … DISCUSSION The Bankruptcy Appellate Panel for the First Circuit has recently held that a qualified debtor’s appellate filing fees may be waived pursuant to 28 U.S.C. § 1915 . 19 See Heghmann v. Indorf, et al.

Securities and Exchange Commission v. Cutter Financial Group, LLC

District Court, D. Massachusetts · Mar 12, 2025

That guidance clearly establishes that a registered investment adviser owes a fiduciary duty to his advisory clients. You have argued that Mr. … But the relevant legal principle is well established – if Mr.