Case law

Arrow International, Inc. v. Spire Biomedical, Inc.

635 F. Supp. 2d 46 · District Court, D. Massachusetts · Jul 10, 2009

If anything, the fact that Diatek submitted evidence of Cannon Catheter activities to the PTO for other patent prosecutions where the priority date was more clearly established— including for a continuation application based … By its plain language this claim clearly contemplates the use of a single tunnel.

Nashawena Trust v. Board of Assessors

398 Mass. 821 · Massachusetts Supreme Judicial Court · Dec 17, 1986

The structure of Section 4 implies that land designated as contiguous is land which would not otherwise qualify as actively devoted to agricultural uses, precisely because it produces little or no income. … purpose of achieving an annual total of not less than five hundred dollars from such gross sales and program payments within normal product development period as determined by the farmland valuation advisory commission established

United States v. The La Jeune Eugenie

26 F. Cas. 832 · U.S. Circuit Court for the District of Massachusetts · May 15, 1822

Assuming that they are so under circumstances, it establishes nothing. … And I think I may call in aid the opinion of a court of common law, though perhaps not. in general, the best qualified court to entertain the discussion of questions of national law, to show, that the doctrine of the former

Kreisberg ex rel. National Labor Relations Board v. Emerald Green Building Services, LLC

169 F. Supp. 3d 261 · District Court, D. Massachusetts · Oct 23, 2015

Accordingly, the Court finds that plaintiff has shown a likelihood of success in demonstrating sufficient continuity between the cleaning operations of Peace Plus and defendant such that defendant qualifies as a successor … The mathematics clearly prove[ ] that in each location [it] hired more than 50% of the existing workforce.

Real Estate Bar Ass'n for Massachusetts, Inc. v. National Real Estate Information Services

642 F. Supp. 2d 58 · District Court, D. Massachusetts · Aug 17, 2009

redaction, citing attorney-client communication, work product, or expert-related work product. 62 The unredacted portions of the invoices and K & L Gates’s nonprivileged descriptions of the redacted material are sufficient to establish … Parties not having briefed the issue of attorneys' fees at summary judgment, this court’s reconsideration of the issue is clearly proper. 6 . 42 U.S.C.A. § 1988 (West 2009) ("In any action or proceeding to enforce a provision

Commonwealth v. Cohen

412 Mass. 375 · Massachusetts Supreme Judicial Court · Apr 7, 1992

We have often stated that defense counsel’s trial tactics are not immune from comment in a prosecutor’s closing argument provided the comment is based on evidence heard by the jury. Commonwealth v. … Moreover, these statements also qualified, characterized, and explained the underlying event. See id.

Eustace v. Springfield Public Schools

District Court, D. Massachusetts · May 30, 2023

Defendant argued that evidence, which was not disputed by Plaintiff, conclusively established that she was not a qualified individual. The court disagrees. … Certainly, a different jury could have accepted Defendant’s explanation, but the jury in this case clearly credited Plaintiff’s version of events since it found she remained qualified to perform the essential functions

Shafer v. Contributory Retirement Appeal Board

20 Mass. L. Rptr. 517 · Massachusetts Superior Court · Jan 23, 2006

In addition, the member must establish the annual leased value of the vehicle and the percentage of the total use that was for personal purposes. … Additionally, the memorandum states that the personal use value of clearly marked fire and police vehicles is not subject to taxation if the employee is required to commute in the vehicle so that he/she can be on call outside

Merced v. JLG Industries, Inc.

170 F. Supp. 2d 65 · District Court, D. Massachusetts · Sep 28, 2001

L & L Fittings has never been registered, licensed or qualified by the Commonwealth to do business in Massachusetts. III. Discussion A. … Although clearly not dis-positive, L & L Fittings also enables its Massachusetts customers to purchase goods on its website and that site is, at least, a potential marketing tool in Massachusetts.

Commonwealth v. Rollins

470 Mass. 66 · Massachusetts Supreme Judicial Court · Oct 30, 2014

The punishments also grow progressively more severe on 2 The Legislature will often insert qualifying, if not explicit, language signaling its view that each violative act may warrant separate punishment. … However, as with § 29C, that legislative purpose statement did not clearly identify the victims as the units of prosecution. Sutherby, 165 Wash. 2d at 882 n.4.

Demoulas v. Demoulas

432 Mass. 43 · Massachusetts Supreme Judicial Court · Jun 30, 2000

The letter included the following statements: “I remember your words clearly, ‘stick by .me and when it’s all over, just come and see me at my office.’ … They also maintain that value does not have to be given at the time of the transaction for a transferee to qualify as a bona fide purchaser.

Commonwealth v. Gautreaux

458 Mass. 741 · Massachusetts Supreme Judicial Court · Jan 20, 2011

General Laws c. 221C, § 2, provides that “[a] non-English speaker, throughout a legal proceeding, shall have a right to the assistance of a qualified interpreter who shall be appointed by the judge.” … Further, the docket sheet of the lead case disposed of at the plea hearing on August 27 clearly indicated that a Spanish interpreter was required.

National Engineering Service Corp. v. Grogan

23 Mass. L. Rptr. 451 · Massachusetts Superior Court · Jan 29, 2008

Plaintiff NESC is a recruiting and staffing firm which recruits qualified engineering and computer skilled candidates and places them at companies throughout the United States. … In this industry, such Managed Service Providers clearly qualify as customers and accounts of staffing companies such as NESC and CCSI.

Taygeta Corp. v. Varian Associates, Inc.

436 Mass. 217 · Massachusetts Supreme Judicial Court · Mar 7, 2002

To establish its presence, consultants must drill monitoring wells, collect samples, and analyze the data. … Commonwealth, 363 Mass. 612, 619 (1973) (Commonwealth not immune from liability where it creates Or maintains private nuisance that causes injury to real property of another).

Massachusetts Coalition for the Homeless v. Secretary of Human Services

400 Mass. 806 · Massachusetts Supreme Judicial Court · Aug 18, 1987

That language does not include all appropriations, and it does *817 not clearly include obligations to pay AFDC benefits. … The provisions concerning AFDC standards did “direct the way an appropriation is to be used or qualify the appropriation” (id.) and thus would not be “separable and susceptible to an item veto” (id.).

Linkage Corp. v. Trustees of Boston University

425 Mass. 1 · Massachusetts Supreme Judicial Court · May 15, 1997

Although by definition, a qualified nonprofit corporation does not earn a “profit” from its activities, such a corporation need not be profitmaking in order to profit from an activity. 35 While Boston University’s status … Linkage’s ability to “add value” to the enterprise was clearly a determining factor in Silber’s decision *26 to terminate the base agreement and repudiate the renewal agreement.

Liberty Mutual Insurance v. Health, Welfare & Retirement Trust Funds Board

341 Mass. 194 · Massachusetts Supreme Judicial Court · Jun 10, 1960

Perhaps regulation was intended; if so, the intent must be more clearly shown. This can be done by simple express statements like those in the Federal and California statutes. … It was the proposal also that § 2 provide that “ [n]o fund . . . shall be established or maintained unless— (a) The fund, if a trust, is a qualified trust under section 401 (a) of the Internal Revenue Code of 1954, and is

Helfman v. Northeastern University

Massachusetts Supreme Judicial Court · Jul 27, 2020

Whatever duty the RAs may have owed to protect the plaintiff in these circumstances was clearly met.  32 As the plaintiff cannot establish any breach … '[T]he recipient must merely respond to known peer harassment in a manner that is not clearly unreasonable'").

Perrot v. Kelly

District Court, D. Massachusetts · Oct 28, 2024

He contends that paragraph 19 of his Amended Complaint “clearly informed” defendants that he “sought to hold the City liable for ‘all torts’ committed by the individual Defendants pursuant to the doctrine of respondeat … “[I]t is well-established that municipalities are immune from suit under the MCRA as they are not ‘persons’ within the meaning of the MCRA.” Qualls v. Roache, Civil Action No. 23-10435-GAO, 2024 WL 1333610, at *2 (D.

Eustace v. Springfield Public Schools

District Court, D. Massachusetts · May 29, 2020

“could adopt a policy in favor of hiring the most qualified candidate such that a disabled employee could never rely on reassignment to establish the existence of a reasonable accommodation for purposes of his prima facie … qualified to do the job.