Case law

In re Smith & Wesson Holding Corp. Sec. Litig.

836 F. Supp. 2d 1 · District Court, D. Massachusetts · Mar 25, 2011

But CFO Kelly’s statement, when read in context, is clearly directed at a particular area of production. … In fact, the September press release and conference call were clearly directed at Smith & Wesson’s first quarter results.

Hebert v. Department of Developmental Services

District Court, D. Massachusetts · Feb 3, 2025

Madoff’s knowledge, skill, experience and training qualify him as an expert capable of offering an opinion about the efficacy of vaccines. See Da Silva v. Am. … The Bureau’s Immunization Division was primarily responsible “for coordination with the Centers for Disease Control and Prevention (‘CDC’) on vaccines including COVID-19 vaccines.” [Id. at ¶ 5].

Quincy Mutual Fire Insurance Company v. Atlantic Specialty Insurance Company

District Court, D. Massachusetts · Jul 29, 2019

Atlantic’s third argument, that statements and conduct of attorneys are immune from Chapter 93A liability, fares no better. … It is unlikely that the immunity Massachusetts provides attorneys extends to immunize Atlantic, but the issue is fact-specific and need not be definitively resolved at this stage.5

Commissioner of Insurance v. Massachusetts Accident Co.

314 Mass. 558 · Massachusetts Supreme Judicial Court · Sep 15, 1943

Some of these claims have since been or may be established through proper proceedings, among them being a claim of Susan L. … Clearly the purpose of all the actors in relation to the agreement and the theory of the law under which they acted was to offer the agreement as a probably preferable alternative to ordinary liquidation to such policyholders

The Volunteer

28 F. Cas. 1260 · District Court, D. Massachusetts · May 15, 1834

But this language is qualified by what succeeds. And the whole schooner is not let; for there is an \ express exception of the cabin and certain portions of other room under deck. … This doctrine is clearly established; and it especially formed the groundwork of the reasoning in Yates v. Railston, 8 Taunt. 293; Christie v. Lewis, 2 Brod. & B. 410; Tate v. Meek, 8 Taunt. 280; Saville. v.

Dynamics Research Corp. v. Analytic Sciences Corp.

9 Mass. App. Ct. 254 · Massachusetts Appeals Court · Feb 27, 1980

At that time he establishes officially what the schedule for routine reports will be. He will establish how deeply into the instrumentation we are going to go. … Not every commercial secret, however, qualifies as a trade secret.

Boston Hat Manufactory v. Messinger

19 Mass. 223 · Massachusetts Supreme Judicial Court · Mar 15, 1824

Here, although by the express words of the condition the obligors were to be answerable for the fidelity of the officer during all the time he should continue in office, the recital' was used to qualify and restrain these … This shows very clearly, that all concerned considered the former relations of H.

Kirby v. Cullinet Software, Inc.

116 F.R.D. 303 · District Court, D. Massachusetts · Jun 18, 1987

These “questions are illustrative rather than exhaustive, but establish the existence of the commonality required by Rule 23.” Berenson, 100 F.R.D. at 470 . C. … Class counsel are qualified and experienced, and based on the briefs and arguments so far, class counsel appear vigorous. IV.

United States ex rel. Winkelman v. CVS Caremark Corp.

118 F. Supp. 3d 412 · District Court, D. Massachusetts · Jul 29, 2015

[courts] inquire *421 whether Congress has clearly stated that the rule is jurisdictional” (citation and internal quotation mark omitted)). … Warden, 635 F.3d 866 (7th Cir.2011), to argue that they qualify as "original sources.” D. 67 at 16.

Guevara-Salgado v. Hayes-Meninno, LLC

125 F. Supp. 3d 379 · District Court, D. Massachusetts · Aug 31, 2015

As detailed more fully below, there is sufficient evidence-at this stage to establish that Wendy qualifies as Guevara’s employer for purposes of the wage and hours laws. Overview of Plaintiffs Claims .. … “The burden is on [the employer] to establish these three elements, and it must establish each element.” Awuah v. Coverall N. Am., Inc., 707 F.Supp.2d 80, 82 (D.Mass.2010).

Conservation Law Foundation v. Massachusetts Water Resources Authority

District Court, D. Massachusetts · Feb 17, 2023

Once a TMDL is established, it is submitted to the EPA for approval. Id. § 1313(d)(2). The CWA also establishes a permitting system for the discharge of pollutants from point sources. … (Dkt immunity bars suits against government agencies and their officials. Commonwealth of Puerto Rico v. United States, 490 F.3d 50, 57 (1st Cir. 2007).

Commonwealth v. Cast

407 Mass. 891 · Massachusetts Supreme Judicial Court · Jul 11, 1990

The judge’s findings clearly establish that the law enforcement officers possessed enough information about the informant’s basis of knowledge to satisfy this prong of the art. 14 probable cause requirement. … To qualify as exigent circumstances, the situation facing the officers at the time they commenced their warrantless search must be such that it was impracticable for them to get a warrant. Commonwealth v.

Lou v. Otis Elevator Co.

17 Mass. L. Rptr. 354 · Massachusetts Superior Court · Feb 18, 2004

The record clearly shows that Kevin’s hand was caught and squeezed between the stair and the skirt panel of the escalator. … Even if he had, he does not demonstrate he is qualified as a translator.

In re Pharmaceutical Industry Average Wholesale Price Litigation

509 F. Supp. 2d 82 · District Court, D. Massachusetts · Sep 17, 2007

The defendant bears the burden of establishing the existence of federal jurisdiction. BIW Deceived v. Local S6, 132 F.3d 824, 831 (1st Cir.1997). … Henson, 537 U.S. 28, 34 , 123 S.Ct. 366 , 154 L.Ed.2d 368 (2002) (“[a]ncillary jurisdiction ... cannot provide the original jurisdiction that petitioners must show in order to qualify for removal under § 1441”).

Town of Canton v. Commissioner of Massachusetts Highway Department

455 Mass. 783 · Massachusetts Supreme Judicial Court · Jan 19, 2010

“General Laws c. 30, § 61, establishes the official policy of environmental protection for the Commonwealth, and §§ 62-62H establish the process by which the ‘potential environmental impact of certain projects’ is considered … L. c. 214, § 10A, city’s standing “expressly established”). See also Cummings v. Secretary of Envtl. Affairs, supra at 614 (stating that repealed G.

Cahaly v. Benistar Property Exchange Trust Co.

28 Mass. L. Rptr. 1 · Massachusetts Superior Court · Jan 13, 2011

Both denied, at the 2002 trial, seeing any information on the site concerning Benistar’s role as a qualified intermediary for § 1031 plans, and the court concluded that such evidence “has no probative value in establishing … He deposited the proceeds from the sale, $541,930.74, with Benistar (the Benistar Funds), which was to serve as the qualified intermediary for the intended §1031 exchange.

Commonwealth v. Tremblay

18 Mass. L. Rptr. 60 · Massachusetts Superior Court · Jun 3, 2004

Even though Detective Ross saw what he believed to be drugs in the rear seat area of the car, his questions were not asked under circumstances that qualify as custodial interrogation. See Commonwealth v. … The defendant clearly understood the purpose of the interview and there is no evidence he was intimidated. He said he understood his rights and agreed to speak to the police.

United States v. Green

372 F. Supp. 2d 168 · District Court, D. Massachusetts · Jun 2, 2005

The Court wrote: As the State contends, once the government establishes any aggravating factor, a defendant becomes ‘death eligible’ in the strict sense, and establishing additional aggravating factors does not render a defendant … The burden of establishing the existence of any aggravating factor is on the government, and is not satisfied unless the existence of such a factor is established beyond a reasonable doubt. 18 U.S.C. § 3593 (c). 8 .

Care & Protection of Georgette

54 Mass. App. Ct. 778 · Massachusetts Appeals Court · May 22, 2002

See Adoption of Holly, 432 Mass. 680, 690 (2000) (“[the father’s] parental unfitness was established by overwhelming evidence. … The father’s unfitness was clearly, convincingly, and decisively established by the evidence of his persistent failure to nurture or provide for the basic needs of his children, even when he lived with them (which he did

Savage v. City of Springfield

District Court, D. Massachusetts · Mar 8, 2021

Even though the Deputy Fire Chief examination was canceled after the fact, Savage’s score was sufficient to qualify him for a District Chief position (id. at ¶ 44). … Because Plaintiffs could not have received their right-to-sue letters before they were issued, Plaintiffs have clearly met the ninety-day statute of limitations.