Case law

Aiello v. Signature Commercial Solutions, LLC

District Court, D. Massachusetts · May 16, 2025

Aiello, 2024 WL 1258620, at *5. 3 Citations to the PSOF refer to the facts as admitted or qualified by Aiello. … It would be strange if a party could remove its otherwise clearly commercial acts from the ambit of 93A simply by sending a barred employee.

Orbison Corp. v. Russ

22 Mass. L. Rptr. 352 · Massachusetts Superior Court · Mar 14, 2007

The moving party bears the burden of establishing the absence of a triable issue. Pederson v. Time, Inc., 404 Mass. 14, 17 (1989). … The parties mutually acknowledge that their agreement is qualified and that they, therefore, contemplate the drafting and execution of a more detailed agreement.

Manning v. Whole Foods Market Group Inc.

District Court, D. Massachusetts · Jan 21, 2022

With regard to state action, while the Court agrees that Plaintiff’s claims are inadequately pled and ultimately must be dismissed under Rule 12(b)(6), Defendants do not clearly explain how their argument that Plaintiff … He also asserts that Defendants were not qualified to give him a temperature check as part of a health screening before allowing him to enter the store. [Id. ¶¶ 23–25].

House of Clean, Inc. v. St. Paul Fire and Marine Insurance Co., Inc.

775 F. Supp. 2d 302 · District Court, D. Massachusetts · May 27, 2011

That conduct clearly constitutes a breach of the duty to defend. See Peabody Essex Museum, Inc. v. U.S. Fire Ins. … The duty to indemnify “arises only after the insured’s liability has been established”. Wilkinson, 856 N.E.2d at 836.

In Re. Brown

District Court, D. Massachusetts · Apr 22, 2022

The Jurisdiction of the Bankruptcy Court 28 U.S.C. § 1334 “establishes two main categories of bankruptcy matters over which the district courts have jurisdiction.” Gupta v. Quincy Med. … In other words, some matters that qualify for “related to” jurisdiction pre-confirmation might no longer qualify post-confirmation, but the authority for “related to” jurisdiction never disappears. Id.

Rigby v. Damant

486 F. Supp. 2d 222 · District Court, D. Massachusetts · May 15, 2007

The Supreme Court has been willing to imply authorization under the Anti-Injunction Act absent the express authorization demanded by the statute. 15 In broadening the exception, however, the Court provided that “to qualify … Additionally, the third exception clearly does not apply as, at this point, there is no determination of the merits or judgment to protect.

Ricci v. Okin

537 F. Supp. 817 · District Court, D. Massachusetts · Apr 21, 1982

These views established beyond dispute that “a constitutional level of care [had] not been attained” 6 at these institutions and that conditions there were intolerable. … The considerations raised in Carey are clearly distinguishable from those involved here.

Stein v. Smith

270 F. Supp. 2d 157 · District Court, D. Massachusetts · Jul 3, 2003

. § 1102 (a)(1) (requiring every plan qualified under ERISA to have at least one “named fiduciary”); 29 U.S.C. § 1002 (21)(A) (enumerating activities resulting in what has been described as “functional fiduciary” status). … ERISA fiduciaries also have a duty to diversify the investments of the plan in question “so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so,” and to manage the plan

Milford Power Ltd. Partnership v. New England Power Co.

918 F. Supp. 471 · District Court, D. Massachusetts · Mar 14, 1996

NEP further alleges that neither Kinder nor Gar-nett qualified or disavowed that they represented Enron and Jones Capital. Hachey Aff., ¶ 17. … The privilege cannot, however, be “exploited” as an opportunity to defame with immunity, and can be lost by “unnecessary or unreasonable publication to one for whom the occasion is not privileged.” Sullivan v.

Motta v. District Director, Immigration & Naturalization Service

869 F. Supp. 80 · District Court, D. Massachusetts · Nov 29, 1994

Some 53 months thereafter the Board of Immigration Appeals, in a one-page decision, denied the appeal as “clearly untimely.” … arbitraiy, capricious, and [an] abuse of discretion or otherwise not in accordance with law,” in violation of the Administrative Procedure Act, 5 U.S.C. § 706 (2)(A), and contrary to constitutional right, power, privilege, or immunity

United States v. Bell

818 F. Supp. 444 · District Court, D. Massachusetts · Apr 7, 1993

Rather, this case features special considerations that weigh heavily in the equitable balance and that substantially qualify the character of the defendant’s “enrichment” by the IRS. … Magniac and Knight provide support for the proposition that equity cannot provide a plaintiff with a remedy where such a remedy is clearly precluded by law.

Wollman v. Massachusetts General Hospital Inc.

District Court, D. Massachusetts · Nov 3, 2020

Utah 2020) (declining to apply peer review privilege in the context of discovery sought in a FCA case where peer review documents might help the Relator establish scienter); In re Admin. … The HCQIA promotes physician engagement in the peer review process by extending qualified immunity to those conducting peer reviews. 42 U.S.C. §§ 11101(5), 11111 (a)(2) (1986).

Commonwealth v. Favulli

352 Mass. 95 · Massachusetts Supreme Judicial Court · Mar 1, 1967

After establishing an interim procedure for handling warrants the meeting adjourned at 1:10 p.m. On April 7, 1960, Nicholas J. … The judge expressly referred to the testimony of Sullivan and Favulli as qualifying what Mr. O’Connell had testified to and instructed them to weigh that testimony.

Maston v. Poirier

26 Mass. L. Rptr. 365 · Massachusetts Superior Court · Dec 14, 2009

At-risk people may include (but are not limited to) the very young, the old, people with respiratory problems such as asthma or emphysema, people with immunity deficiency, and people sensitive to chemicals such as disinfectants … Although such states of mind clearly encompass reckless behavior, Montanez v. Bagg, 24Mass.App.Ct. 954, 956 (1987), negligent acts are not the subject of punitive, multiple damages awards. Anzalone v.

M. C. I. Concord Advisory Board v. Hall

447 F. Supp. 398 · District Court, D. Massachusetts · Mar 21, 1978

Even a lifetime of study in prison administration and several advanced degrees in the field would not qualify us as a federal court to command state officials to shun a policy that they have decided is suitable because to … The record before this Court does not establish that the Eighth Amendment prohibition against cruel and unusual punishment includes all doublecelling at M.C.I. Concord.

Newspapers of New England, Inc. v. Clerk-Magistrate of Ware Division of District Court Department

403 Mass. 628 · Massachusetts Supreme Judicial Court · Dec 22, 1988

The plaintiff commenced the action according to the procedures established in Ottaway Newspapers, Inc. v. Appeals Court, 372 Mass. 539, 551 (1977). In Ottaway Newspapers, Inc. v. … Since there has been a public trial which resulted in the conviction of Phoenix and since the plaintiff does not now seek, nor Phoenix oppose, the disclosure of the affidavit the case is clearly moot.

United States v. Volungus

599 F. Supp. 2d 68 · District Court, D. Massachusetts · Feb 27, 2009

Here, as in those cases, the first two categories of permissible regulation under the Commerce Clause are clearly inapplicable. … Substituting a therapeutic commitment for a punitive one is a policy choice that is clearly within Congress’s power to make.

Moradi v. Morgan

District Court, D. Massachusetts · Mar 22, 2021

The affidavit asserts that requesters “usually specify as such clearly in the request.” Id. … “A predecisional document will qualify as ‘deliberative’ provided it (i) formed an essential link in a specified consultative process, (ii) ‘reflect[s] the personal opinions of the writer rather than the policy of the

Commonwealth v. Smith

412 Mass. 823 · Massachusetts Supreme Judicial Court · Jun 10, 1992

[I]t is different from the post-Miranda statement and does not qualify as a so-called cat-out-of-the-bag statement.” 9 *834 We regard the judge’s finding that the defendant’s first statement was not inculpatory as clearly … The inculpatory quality of the defendant’s statement was established conclusively by other evidence already known to the police — the defendant may have believed, mistakenly, that his statement was exculpatory.

Trustees of Tufts College v. City of Medford

415 Mass. 753 · Massachusetts Supreme Judicial Court · Jul 9, 1993

appreciably advancing the municipality’s legitimate concerns. 7 Excessive cost of compliance with a requirement imposed on an educational institution, without sig *760 nificant gain in terms of municipal concerns, might also qualify … This is clearly distinguishable from a situation in which compliance does not encroach to any appreciable extent on an educational institution’s right to set its own priorities for the use of its land.