Case law

Sarro v. Philip Morris USA Inc.

857 F. Supp. 2d 182 · District Court, D. Massachusetts · Mar 7, 2012

Canon U.S.A., Inc., 394 F.3d 1054 , 1057-1058 (8th Cir.2005) (stating that the NFPA 921 “qualifies as a reliable method endorsed by a professional organization”). … When a fire’s origin is clearly defined, the NFPA 921 permits investigators to determine a fire’s cause via a process of elimination, notwithstanding the absence of physical evidence of an ignition source.

Doe v. Dennis-Yarmouth Regional School District

District Court, D. Massachusetts · Jan 4, 2022

It was specific because it clearly defined what actions they would take and for how long – Jane would not be left unsupervised at any point, per her IEP, for the entirety of the school … Most courts have rejected the argument that an IEP qualifies as a contract. See L.J. by N.N.J. v. Sch.

Livick v. Gillette Co.

492 F. Supp. 2d 1 · District Court, D. Massachusetts · Jun 12, 2007

In response to these cases, Plaintiff admits that Brundige’s actions alone would not qualify him as a fiduciary. … Reaching such a conclusion would be clearly erroneous in light of established precedent explaining that estopppel can only be used to enforce interpretations of ambiguous language, and not to change the terms of the plan.

Commonwealth v. Seay

376 Mass. 735 · Massachusetts Supreme Judicial Court · Dec 4, 1978

A qualified individual may obtain a "firearm identification card” under G. L. c. 140, § 129B, that allows him to possess a firearm legally. G. L. c. 140, § 129C. G. L. c. 269, § 10 (h). … The interest of an apartment dweller in defending himself — the only apparent reason for allowing him to carry a firearm in his own dwelling *743 in the first place — is clearly attenuated when he passes his doorway to enter

Roeschlaub v. Commissioner of Social Security

27 F. Supp. 3d 211 · District Court, D. Massachusetts · Jun 26, 2014

She did experience a short-term but minimal response to her bilateral L5 transforaminal injection, which is clearly the level where she has her most advanced spondylotic changes. … As such, Saucedo’s opinion would not be enti-' tied to controlling weight, and it “cannot establish the existence of a medically determinable impairment.”

Commonwealth v. Polk

462 Mass. 23 · Massachusetts Supreme Judicial Court · Apr 13, 2012

Brown’s opinion “falls clearly on that side of the line of forbidden testimony” by intruding on the jury’s function of determining the credibility of witnesses. … evidence has met the five foundational requirements for admissibility: (1) that the expert testimony will assist the trier of fact because the information is beyond the common knowledge of jurors; (2) that the witness is qualified

J.K.S. v. D.S.S.

Massachusetts Appeals Court · Aug 21, 2024

argument, however, the husband could cite no evidence that the wife ever agreed to any such plan, and no evidence regarding the level of benefits the wife could expect to obtain from Medicare or MassHealth if and when she qualified … Although the judge commented at trial that the wife should try to qualify for MassHealth, the husband supplied no evidence of the extent to which MassHealth would actually help meet the wife's financial need.

Commonwealth v. Lopes

459 Mass. 165 · Massachusetts Supreme Judicial Court · Mar 29, 2011

sum, a police officer’s provision of a general notification of a defendant’s § 5A right that, although time sensitive, requires no immediate invocation, cannot properly be construed as a compulsion and, as such, fails to qualify … The prosecution must also establish, as a predicate to admissibility, conformity with regulations governing annual certification and periodic testing of the breathalyzer machine. 8 G. L. c. 90, § 24K. Commonwealth v.

Rodden v. Savin Hill Enterprises, LLC

33 Mass. L. Rptr. 442 · Massachusetts Superior Court · Apr 21, 2016

In the present case, the Complaint does not allege that Rodden was denied clearly identifiable earned compensation for past services to Savin Hill. … The established elements of a tortious interference claim are as follows.

Commonwealth v. Carlos Cuba

Massachusetts Appeals Court · Nov 6, 2025

"[2] Estrada was qualified as an expert in fingerprint identification. … It is not enough for a fingerprint expert to avoid testifying that the match is one hundred percent certain; the Commonwealth has an affirmative duty to establish on direct examination that the expert's testimony is only

Allen v. National Institutes of Health

974 F. Supp. 2d 18 · District Court, D. Massachusetts · Sep 30, 2013

The FSRA “follows guidelines established by federal agencies for conducting and reporting risk assessments and has been performed by using available scientific data and established methods of analyses.” Id. … The chapter would benefit if it were to state clearly up front that the results of some calculations cannot be reported because of security concerns.

MEDEROS v. Murphy

762 F. Supp. 2d 209 · District Court, D. Massachusetts · Sep 15, 2010

Merits of the Petition A writ of habeas corpus may not issue unless the adjudication by the state court either (1) “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established … Rather, it is well-established that ICE “may decline to institute proceedings, terminate proceedings, or decline to execute a final order of deportation.” Reno v.

Trotto v. Rodrigues

District Court, D. Massachusetts · Aug 8, 2024

Ten years later, after receiving immunity, Carlo testified to the same before a grand jury. … ‘substantial and injurious’] standard, habeas petitioners may obtain plenary review of their constitutional claims, but they are not entitled to habeas relief based on trial error unless they can establish

Enos v. Secretary of Environmental Affairs

48 Mass. App. Ct. 239 · Massachusetts Appeals Court · Nov 22, 1999

MEPA’s area of concern clearly is the protection of the environment from damage caused by projects having an environmental impact. … Affairs, 402 Mass. 611, 614 (1988), 13 the court wrote that “[t]he purpose of MEPA was to protect the environment, and that, therefore, an allegation of a violation of MEPA or a regulation pursuant to MEPA qualified under

Lorillard Tobacco Co. v. Reilly

84 F. Supp. 2d 180 · District Court, D. Massachusetts · Jan 24, 2000

Pike envisions a showing that the burden is “clearly excessive” in relation to local benefits. … With the strong local' interest clearly shown, it remains to inquire about the burden on interstate commerce.

Cleary v. Knapp Shoes, Inc.

924 F. Supp. 309 · District Court, D. Massachusetts · Mar 15, 1996

The MassMutual Plan provided that an employee becomes eligible for coverage “on the first day of the calendar month coinciding with or next following the date [the employee] beeome[s] a qualified employee and completed] 2 … In a recent unpublished opinion concerning a pre-existing condition exclusion, the Sixth Circuit held that “a plan administrator attempting to establish exclusion from coverage has the burden to establish by a preponderance

Commonwealth v. Rubio

27 Mass. App. Ct. 506 · Massachusetts Appeals Court · Jun 28, 1989

There is nothing in the record to establish that someone who has been arrested is ordinarily shown the evidence against him as part of the arrest process so that he can admit or disclaim ownership. … Keeping in mind that the police were members of a drug task force, and that Lieutenant Jajuga was qualified at the trial and gave testimony as an expert in the method of operation of drug traffickers, one can infer that it

229 Main Street Ltd. Partnership v. Commonwealth of Massachusetts, Department of Environmental Protection

251 B.R. 186 · District Court, D. Massachusetts · Jul 26, 2000

The Court accepts the bankruptcy court’s factual findings unless they are clearly erroneous. See Fed. R. Bankr.P. 8103; In re G.S.F. Corp., 938 F.2d 1467, 1474 (1st Cir.1991). … City of Lockport, 916 F.2d 890 , 892 n. 1 (3d Cir.1990) (giving U.C.C. § 9-301(2) as the prototypical statute which would qualify under the exception); In re Maryland Glass Corp., 723 F.2d 1138, 1143 (4th Cir.1983) (“If that

Coughlin v. 750 Woburn Street Operating Company, LLC

District Court, D. Massachusetts · Jul 8, 2019

There appears to be no dispute as to the first element: at 65 years old, Coughlin clearly qualifies as a member of a protected class for purposes of the statute. 7 … As discussed above, Coughlin was clearly a member of a protected class (based on her age), and she was clearly terminated by 750 Woburn.

Commonwealth v. Sineiro

432 Mass. 735 · Massachusetts Supreme Judicial Court · Dec 1, 2000

We set forth three general requirements for the use of such grand jury testimony: (1) there must exist an opportunity for effective cross-examination of the witness at trial; (2) the witness’s statement must clearly be that … The additional evidence, however, need not be sufficient in itself to establish a factual basis for each element of the crime. Id. at 345 n.3.