Case law

Tuckerbrook Alternative Investments, LP v. Banerjee

754 F. Supp. 2d 177 · District Court, D. Massachusetts · Nov 30, 2010

This Court will refer to the guidelines established by the Coon court, outlined above, to determine whether relief under Rule 60(b) is proper. … It would undermine this purpose to allow judges to determine the proper method of service of process on a case by case basis, rather than according to clearly enacted rules. See Lyman Steel Corp., 747 F.Supp. at 400 .

Commonwealth v. White

370 Mass. 703 · Massachusetts Supreme Judicial Court · Jul 30, 1976

Prior precedents in the Commonwealth have not spoken clearly to the particular point. Cf. Commonwealth v. Smith, 151 Mass. 491 (1890); Commonwealth v. Perry, 248 Mass. 19 (1924). … Under Rule 803 (24) of the Federal Rules of Evidence, which sets up what we have called an innominate category, it appears likely that such a condition would be imposed if the statements could possibly have qualified otherwise

Arballo v. Fresenius USA, Inc.

111 F. Supp. 3d 79 · District Court, D. Massachusetts · Jun 30, 2015

Arballo does not dispute that an outpatient dialysis clinic qualifies as a health care provider under California law. Cal. Health & Safety Code § 1200 . … The submissions concerning discovery fail to establish that she could not have discovered the injury earlier.

Brown v. Corsini

657 F. Supp. 2d 296 · District Court, D. Massachusetts · Sep 29, 2009

The hearing officer determined that Shabazz clearly refused a direct order to install window screens and was guilty. Id. … Court "shall identify cognizable claims or dismiss the complaint, or any portion of the complaint” if the complaint fails to state a claim for which relief may be granted or seeks monetary relief from a defendant who is immune

Com. of Mass. v. Bowen

679 F. Supp. 137 · District Court, D. Massachusetts · Mar 3, 1988

This clearly is not the case. … This clearly runs counter to congressional policy favoring coordination and integration of health care programs. It will be enjoined, d.

Dalessio v. Dalessio

409 Mass. 821 · Massachusetts Supreme Judicial Court · Apr 29, 1991

The judge also should make provision for division of interest on the joint account since the time of the original judgment in accordance with the percentages established in the corrected judgment as amended. … Lewis, 383 Mass. 801, 803 (1981), and the amendment here — by adjusting the wife’s recovery upward by over $50,000 — clearly effected substantive relief.

Skerry v. Massachusetts Higher Education Assistance Corp.

73 F. Supp. 2d 47 · District Court, D. Massachusetts · Oct 5, 1999

Once met, the burden shifts to the non-moving party to establish the existence of “specific facts showing that there is a genuine issue for trial.” … Participating lending institutions, such as [State Street Bank] use their own funds to make loans to qualified borrowers attending eligible postsecondaiy schools.

Lazarre v. Turco

District Court, D. Massachusetts · Apr 9, 2019

federal courts to dismiss a complaint sua sponte if the claims therein lack an arguable basis in law or in fact, fail to state a claim on which relief may be granted, or seek monetary relief against a defendant who is immune … Plaintiff alleges that the “DMH director [at OCCC] is not qualified to treat [Plaintiff].” Id. Plaintiff seems to allege that he had attempted “suicide [himself] several times.” Id. at p. 20.

Fenoglio v. Augat, Inc.

50 F. Supp. 2d 46 · District Court, D. Massachusetts · Apr 20, 1999

The letter stated quite clearly and unconditionally it was the written notice of termination of the employment agreement. 3 A determination that the August 6, 1996, letter serves as the written notice of termination only … Stock options qualify as “securities” for purposes of the 1934 Act. See Collins v.

Orton v. Parametric Technology Corp.

344 F. Supp. 2d 290 · District Court, D. Massachusetts · Nov 3, 2004

Although we are not immune to the rveakening economy in the near-term, we feel confident that the combination of our motivated workforce, solid infrastructure and total commitment to product development which is intended … That the five statements at issue here qualify as “forward-looking statements” does not appear to be in dispute. 2 See Pis. Opp’n at 20.

Joseph M. v. Becker College

District Court, D. Massachusetts · Mar 31, 2021

In the context of a student excluded from an educational program, to prove a violation of either the ADA or Rehabilitation Act, the plaintiff must establish that: (1) he is disabled, (2) he is otherwise qualified to participate … Joseph has the burden to establish he is qualified.

Samuel Nichols, Inc. v. Beldekas

1988 Mass. App. Div. 105 · Massachusetts District Court, Appellate Division · Jul 7, 1988

If the Court believes the testimony of the witness, Dino Beldekas to the affect that he clearly explained to Michael Vallas and Nicholas Vallas and their attorney at their attorney’s office on the occasion when the Agreement … Moreover, the charge sought to be assessed against the buyer, Beldekas, is further qualified by the above-quoted typed sentence added to the printed form, namely that “the commission shall be otherwise paid by the seller.

Solmetex, LLC v. Dentalez, Inc.

150 F. Supp. 3d 100 · District Court, D. Massachusetts · Dec 10, 2015

However, Plaintiffs motion clearly alleges that Defendants are infringing on both the design and word marks. … Merit Protection “[I]n order to be eligible for trademark protection, a mark must qualify as distinctive.” Borinquen Biscuit Corp., 443 F.3d at 116 .

Brandt v. Hicks, Muse & Co. (In Re Healthco International, Inc.)

208 B.R. 288 · United States Bankruptcy Court, D. Massachusetts · Apr 9, 1997

Obviously, Kempner and Mai fail to qualify as disinterested if they are found to have had a material financial interest in the transaction. … But the director must establish the fairness of the transaction in all instances.

Gillette Co. v. Norelco Consumer Products Co.

69 F. Supp. 2d 246 · District Court, D. Massachusetts · Oct 6, 1999

Again, the commercial ends with an image of the Reflex Action accompanied by the visual tag line and qualifier. … It therefore has not established the meaning consumers extract from the commercials.

United Paperworkers International Union v. Alden Corrugated Container Corp.

901 F. Supp. 426 · District Court, D. Massachusetts · Sep 6, 1995

The record quite clearly demonstrates that the six corporate defendants in *438 these cases share common and intertwined ownership. … It is equally true, however, that Alden Holdings established a fine of credit for the use and benefit of Alden and Bates.

Aspex Eyewear, Inc. v. Altair Eyewear, Inc.

818 F. Supp. 2d 348 · District Court, D. Massachusetts · Oct 12, 2011

“When the party asserting invalidity relies on references that were considered during examination or reexamination, that party ‘bears the added burden of overcoming the deference that is due to a qualified government agency … Again, the motivation to simply move the magnets to the projection and.bridge are clearly established in Stemme, Miki, and Chao '207, and thus claim 1 is also obvious in view over Zen in view of Chao '207, Miki, or Stemme

Lassman v. Reilly (In Re Feeley)

429 B.R. 56 · United States Bankruptcy Court, D. Massachusetts · Apr 13, 2010

According to Costa, who was employed by Affordable Funding at the time and who obtained the Debtors’ credit report, the Debtors were not qualified to refinance their home because of their poor credit. … Plaintiff is simply proxy for the bankrupt, and this action clearly arose within the context of the underlying business contract between bankrupt and defendant’s principal....

AVX Corp. v. Cabot Corp.

600 F. Supp. 2d 286 · District Court, D. Massachusetts · Mar 5, 2009

The ineluctable conclusion from the clear law is that because the buyer’s state of mind is irrelevant, a plaintiff need not establish *291 coercion to succeed with its per se tying claim. … It is almost completely immune from chemical attack at temperatures below 150°C, and is permeable only by hydrofluoric acid, acidic solutions containing the fluoride ion, and free sulphur trioxide.

Commonwealth v. Moore

52 Mass. App. Ct. 120 · Massachusetts Appeals Court · Jul 23, 2001

The judge qualified his question by informing the defendant that he did not have to make a decision until “before your counsel rests . . . .” … Here, the colloquy was not requested by defense counsel, but by not objecting to it, he clearly approved of the procedure. 6 After the defendant decided not to testify, the Commonwealth *125 then rested.