Case law

Niemic v. UMass Correrctional Health

89 F. Supp. 3d 193 · District Court, D. Massachusetts · Mar 2, 2015

Furthermore, in order to qualify as a constitutional violation, the medical care provided must have been “so inadequate as to shock the conscience.” Feeney, 464 F.3d at 162 (quoting Torraco v. … As mentioned above, this Court declines to second-guess nurse practitioner Schnabel’s medical judgment without sufficient evidence that Niemic’s medical treatment was “so clearly inadequate as to amount to a refusal to provide

Ostergard v. United States

677 F. Supp. 1259 · District Court, D. Massachusetts · Feb 12, 1987

It was clearly designed to ward off claims by patients who later became dissatisfied with sterility. It also included a warning similar to Dr. … Evidence regarding birth control methods established that in terms of effectiveness and safety, vasectomy is the best method available today.

Composite Co. v. American International Group, Inc.

988 F. Supp. 2d 61 · District Court, D. Massachusetts · Sep 16, 2013

See Dolan, 630 F.Supp. at 308 (“Breach of contract claims clearly do not lie within the expertise of the Commissioner of Insurance.”); see also Liability Investigative Fund Effort v. … Despite plaintiffs contentions, that language clearly confines the use of the manuals to the computation of rates for the 2005-2006 policy.

Commonwealth v. Amirault

404 Mass. 221 · Massachusetts Supreme Judicial Court · Mar 6, 1989

[Schuman] is not qualified to deal with children;... he does not have any expertise in sexual abuse. ” A prosecutor may argue the evidence and reasonable inferenees which might be drawn from that evidence. … The additional information merely establishes facts pertaining to the sexual assault, and does not establish that the juror deliberately concealed information from the court or the parties, or that she was biased.

Riebold v. Eastern Casualty Insurance

9 Mass. L. Rptr. 599 · Massachusetts Superior Court · Mar 2, 1999

The plain meaning of this rule clearly bars Ms. … Riebold is over age 40 and disabled, thus qualifying as a member of protected classes pursuant to G.L.c. 151B.

Caldwell v. Dubois

999 F. Supp. 199 · District Court, D. Massachusetts · Mar 31, 1998

Similarly, regarding juror 4-5, the Appeals Court concluded that the Commonwealth *207 failed to establish a neutral basis for its challenge. Id. at 577 , 634 N.E.2d 124 . … Again, the record clearly supported the prosecutor’s rationale.

Allmerica Financial Corp. v. Certain Underwriters at Lloyd's

449 Mass. 621 · Massachusetts Supreme Judicial Court · Aug 6, 2007

The underwriters’ statement about making a payment is clearly subject to two conditions: its conclusion that the loss is covered, and Columbia Casualty’s payment of its policy limit. … Co., 840 F.2d 181, 182-183 (3d Cir. 1988) (Keystone Shipping), was qualified by a good-faith limitation.

Interex Corp. v. Atlantic Mutual Insurance Co.

874 F. Supp. 1406 · District Court, D. Massachusetts · Feb 2, 1995

Moreover, the phrase “including continuous or repeated exposure to conditions” is qualified by the words immediately following which may be read as qualifying the word “accident” as well, but plainly qualify the phrase “continuous … Apparent authority, however, cannot be established by the purported agent’s own words or conduct.

Miller v. New America High Income Fund

755 F. Supp. 1099 · District Court, D. Massachusetts · Jan 9, 1991

Applying the appropriate standard of scrutiny for a Rule 12(b)(6) motion, a set of facts establishing the underwriter defendants as “sellers” is clearly plausible, although the plaintiffs must later produce ' facts to prove … Whether the directors qualify as “sellers” within the meaning of § 12(2) is not so evident. In Pinter v.

Arocho v. Chicopee Housing Authority

District Court, D. Massachusetts · Jun 27, 2025

immunity.” … Defendants’ motion to dismiss does not raise a qualified immunity defense. These factors suggest that the plaintiffs have sued Blazic exclusively in her official capacity.

New England Maritime Co. v. United States

55 F.2d 674 · District Court, D. Massachusetts · Jan 14, 1932

I think the Childs was clearly in fault for not keeping clear of the schooner. … Justice Brown, in speaking for the Circuit Court, said: “Where fault on the part of one vessel is established by uncontradieted testimony, and such fault is, of itself, sufficient to account for the disaster, it is not enough

Moore v. Marty Gilman, Inc.

965 F. Supp. 203 · District Court, D. Massachusetts · May 15, 1997

I have been trying to get it produced, and I have had very poor luck, basically, getting the qualified product that I’d like. … The framework for analysis is well-established.

Avalonbay Communities, Inc. v. Hamilton

29 Mass. L. Rptr. 158 · Massachusetts Superior Court · Sep 8, 2011

This case consumed six years, forcing AvalonBay’s attorneys to expend time from December 23, 2003 through at least February 11, 2010, 6 clearly diverting them from other cases and tasks. *162 C. … The legislature has also established a fee-shifting statutory mechanism for those cases utterly devoid of merit. This is such a case.

Alison Metcalfe v. Arbella Mutual Insurance Company.

Massachusetts Appeals Court · Jan 15, 2026

Ct. 379, 382 n.5 (2004) (question of who qualifies as "insured" under policy is legal question). … There is little to no established connection between Steven and Elizabeth.

Theroux v. Stephen Singer, DDS, PC

21 Mass. L. Rptr. 187 · Massachusetts Superior Court · Apr 20, 2006

McLean Credit Union, 491 U.S. 164, 171 (1989). 19 While it has been established that Dr. … Driscoll, 418 Mass. 576, 582 (1994) (an at-will employee has a cause of action for wrongful termination if the termination violates a clearly established public policy); Flesner v.

Ogidi-Gbegbaje v. Magarian

District Court, D. Massachusetts · Jan 22, 2020

In the alternative, he argues that he is entitled to qualified immunity. … In order to establish a claim under Section 1983, Ogidi must establish that a person acting under the color of law denied him a right secured by the constitution or by federal law.

Bank v. Thermo Elemental Inc.

451 Mass. 638 · Massachusetts Supreme Judicial Court · Jun 16, 2008

The judge instructed the jury that “[sjervices provided by a lawyer in connection with an environmental case may or may not qualify as response costs. … The parties do not dispute that TCE qualifies as a “[hjazardous material” as defined in G. L. c. 21E, § 2.

Doe v. Massachusetts Department of Correction

District Court, D. Massachusetts · Jun 14, 2018

This burden “requires more than labels and conclusions, and a formulaic recitation of the of sovereign immunity would have likely barred her state-law claims for injunctive relief in a federal court. … Remaining Elements of Doe’s ADA and Rehabilitation Act Claims Finding for present purposes that Doe has established a prima facie claim to being a qualified individual with a disability under the ADA, the court

United States v. Aegerion Pharmaceuticals, Inc.

280 F. Supp. 3d 217 · District Court, D. Massachusetts · Nov 20, 2017

L.Rev. 1255, 1272-74 (2005) (“The recent accelerated decline in the number of trials is ... part of a much broader turn from law, a turn away from the definitive establishment of public accountability in adjudication .... … When they nevertheless advertise themselves as pro-consumer, their overweening sophistry may well qualify as an unfair and deceptive practice.

Reznik v. Yelton

2011 Mass. App. Div. 1 · Massachusetts District Court, Appellate Division · Jan 14, 2011

The letter consisted of Reznik’s unilateral declaration that the parties’ joint stipulation of dismissal was null and void, and his clearly redundant characterizations of the judge’s presettlement rulings as a “usurpation … Such a statement of “settler’s remorse” does not qualify as a basis for Rule 60(6) (6) relief from a stipulated judgment. Moreover, a Rule 60(b) motion is not a substitute for an appeal. Smith v. Arbella Mut. Ins.