Case law

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

Partners Healthcare System, Inc. v. Sullivan

497 F. Supp. 2d 29 · District Court, D. Massachusetts · Jun 25, 2007

In this way, such application of ch. 151B would govern the payment of benefits, and would clearly have a connection with, and directly relate to an ERISA plan. … At the same time, M.G.L. ch. 151B § 4 is clearly not preempted when applied to a non-ERISA benefit.

United States v. Ferrara

771 F. Supp. 1266 · District Court, D. Massachusetts · Apr 15, 1991

Katz clearly established, however, that a warrant was required for a wiretap, even in the absence of a trespass because, as the Court then held, “the Fourth Amendment protects people not places.” 389 U.S. at 351 , 88 S.Ct … Accordingly, by 1968, Olmstead had been clearly overruled; the Supreme Court had established that the Fourth' Amendment applied to the interception of wire and oral communications; and it was clear that judicial warrants

Encompass Insurance Co. of Massachusetts v. Giampa

522 F. Supp. 2d 300 · District Court, D. Massachusetts · Sep 27, 2007

Moreover, the absolute litigation privilege immunizes the maker of the statements from any civil liability arising from those statements. Doe, 41 Mass.App.Ct. at 140 , 668 N.E.2d at 1333 . … The defendants allege, in the Giampa Counterclaim, that the press release “clearly implies that the ‘six month investigation’ conducted by Encompass produced evidence that Joseph D. Giampa, Frederick T.

Hope v. Double E Corp.

13 Mass. L. Rptr. 649 · Massachusetts Superior Court · Mar 8, 2001

“If the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts which would establish the existence of a genuine issue of material fact ...” … Further, the defendants contend that the facts alleged fail to establish that Fortin acted maliciously in terminating Hope.

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.

Widener v. Cowen

District Court, D. Massachusetts · Jan 25, 2019

Antiterrorism and Effective Death Penalty Act (“AEDPA”) federal courts may review petitions for habeas petitions that have resulted in either a decision that was “contrary to, or involved an unreasonable application of, clearly … established Federal law” or “based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254(d).

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.

Commonwealth v. DiGeronimo

38 Mass. App. Ct. 714 · Massachusetts Appeals Court · Jul 13, 1995

The judge’s finding in that respect was clearly erroneous. … The issue is presumably one that must be determined on the basis of qualified expert testimony rather than lay opinion. Cf. Commonwealth v. Connolly, 394 Mass. 169, 175 (1985); Commonwealth v.

Doe v. Acton-Boxborough Regional School District

468 Mass. 64 · Massachusetts Supreme Judicial Court · May 9, 2014

Schempp, 374 U.S. 203, 213 (1963) (“The fact that the Founding Fathers believed devotedly that there was a God and that the unalienable rights of man were rooted in Him is clearly evidenced in their writings, from the Mayflower … Connector Auth., 461 Mass. 232, 233 (2012) (claiming that qualified aliens were denied State subsidies for purchase of health insurance); Elroy E. v.

KENNETH MACDONALD & Another v. KRISTEN KAZOKAS & Another.

Massachusetts Appeals Court · Nov 22, 2023

The board offered no procedural shortcuts and made no promises. 7 Certiorari is "available to persons, including abutters, who can establish 'injury to a protected legal interest.'" Walpole Country Club v. … In our view, it was not unreasonable for the board to suggest that if the property had qualified in 2014, it was likely to qualify in 2018.9 Further, to be sure, the board expressed sympathy for Kazokas because her

Brewster Wallcovering Co. v. Blue Mountain Wallcoverings, Inc.

68 Mass. App. Ct. 582 · Massachusetts Appeals Court · Apr 6, 2007

Even if it could be inferred from the judge’s quoted comment that she independently adopted the jury’s c. 93A finding as her own, Blue Mountain could not successfully challenge the judge’s action thereon as clearly erroneous … Blue Mountain argues on appeal that Kampner did not qualify as an expert in the field. However, this objection was not made at trial and fails in any event. See Rombola 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.

Kane v. Winn

319 F. Supp. 2d 162 · District Court, D. Massachusetts · May 27, 2004

See generally Ann Woolhandler, Patterns of Official Immunity and Accountability, 37 Case W. Res. … He clearly has access to the medical records and the scientific and legal materials he needs to make his case.

Retirement Board v. Contributory Retirement Appeal Board

36 Mass. App. Ct. 99 · Massachusetts Appeals Court · Feb 28, 1994

Christie, 342 Mass. 402, 406 (1961), but rather only to “exercise the care and skill of the average qualified practitioner [or specialist].” Simmons v. Yurchak, 28 Mass. App. Ct. 371, 377 (1990). … The panel’s May, 1986, letter contained the word “worth” rather than “risk,” but the latter was clearly intended because the statement was specifically responding to the board’s inquiry as to the risks of the recommended

Espinosa Sr. v. Andrew C. Metcalf

District Court, D. Massachusetts · Dec 1, 2021

The amended complaint therefore also establishes a reasonable inference that Export is liable for violating Section 7.07(8) as to Junior. … Nothing in the amended complaint, however, indicates that Metcalf is a “[c]onstable” entitled to immunity. See generally D. 13.

Baran v. Estate of Conway

27 Mass. L. Rptr. 259 · Massachusetts Superior Court · Jul 29, 2010

Standard of Review A motion to dismiss for failure to state a claim permits “prompt resolution of a case where the allegations in the complaint clearly demonstrate that the plaintiffs claim is legally insufficient.” … In the Correia case, the criminal plaintiff established actual innocence by showing that a jury acquitted him of the underlying criminal charges. See id. at 132 .

Purity Supreme, Inc. v. Attorney General

380 Mass. 762 · Massachusetts Supreme Judicial Court · Jun 3, 1980

Johnson Wholesale Perfume Co., 304 Mass. 452, 456-457 (1939) (regulation adding requirement that wholesaler sign guaranty to retailer that product not adulterated or misbranded, when unsigned guaranty by statute provides immunity … The decrees required item pricing of goods which are advertised but allowed the advertised price to be “clearly and conspicuously posted at the point of display” in the case of “stores equipped with devices which ‘read’ an

Commonwealth v. Stirlacci

Massachusetts Supreme Judicial Court · Jan 8, 2020

The statute clearly refers to practitioners, and we see no reason to expand its reach. But see United States v. … our view, a prescription is "false" when it lacks genuine authorization, such as when a person issues a prescription with fake credentials, or "borrows" 23This is not to say that nonpractitioners are altogether immune

Commonwealth v. Sacco

255 Mass. 369 · Massachusetts Supreme Judicial Court · May 12, 1926

The question was leading, therefore its admission was discretionary and clearly so at the stage of the trial when it was put. McLean v. Paine, 181 Mass. 287, 289 . No abuse of discretion is shown. 23. … Van Amburgh, who qualified as experts on the construction as well as the practical use of firearms, bullets, and different styles of cartridges.