Case law

United States v. Arnone

973 F. Supp. 206 · District Court, D. Massachusetts · Jul 15, 1997

Bribes clearly involve a quid pro quo exchange. United States v. Mariano, 983 F.2d 1150, 1159 (1st Cir.1993). Kickbacks according to the defendants, also require some form of quid pro quo exchange. United States v. … One example from the current guideline may be instructive: ... if a bank officer agreed to the offer of a $25,000 bribe to approve a $250,000 loan under terms for which the applicant would not otherwise qualify, the court

United States v. LaRouche Campaign

695 F. Supp. 1290 · District Court, D. Massachusetts · Aug 10, 1988

Although the memorandum qualifies as a statement, it does not relate to the subject matter of Emerson’s anticipated testimony on direct examination. No persons or entities associated with Mr. … Although the record does not establish Brady violations approaching the scope of those asserted by defendants, the disclosure obligations that were violated were clearly established in the law, not founded on close or debatable

Commonwealth v. Niemic

472 Mass. 665 · Massachusetts Supreme Judicial Court · Sep 17, 2015

The clear premise of the prosecutor's argument is that the defendant's testimony, because he was the defendant and on trial, did not even qualify as evidence because it was inherently incredible. … The judge erred by his use of the permissive words "may" and "should"4 when discussing use of excessive force in self-defense, rather than the clearly directive "must." See Commonwealth v.

Willitts v. GDF Suez Energy North America Inc./Engie North America, Inc.

District Court, D. Massachusetts · Mar 20, 2023

“For each of [his] ADA claims, [Willitts] must establish that he was a ‘qualified individual’ at the time of [the alleged adverse action].” Thompson v. … All jobs may not require physical presence, but Willitts’ position, which involved operating and maintaining physical equipment, clearly did.

Opinion of the Justices to the Senate

372 Mass. 883 · Massachusetts Supreme Judicial Court · May 31, 1977

rendered less important the former claim that “it is important that [the defendant] should have a jury ... of his neighbours, who know him and who know the witnesses, and whose means of information and habits of thinking qualify … Reorganization of an existing system or department of government does not necessarily require abolition of prevailing offices; in fact, generally that is an unusual procedure, and the intent to wipe out the old structure must be clearly

Cifizzari v. Town of Milford

District Court, D. Massachusetts · Jul 9, 2025

private right of action against any person who, under color of state law, ‘subjects, or causes to be subjected, any . . person within the jurisdiction [of the United States] to the deprivation of any rights, privileges, or immunities … Qualified Immunity As the Court is granting summary judgment on all counts, it declines to reach the merits of whether any MPD Defendant would be shielded by qualified immunity

Bruce Johnson v. Caroline Settino

Massachusetts Supreme Judicial Court · Nov 8, 2024

Thus, overturning a prior decision must be undertaken with great care, requiring us to consider "the quality of [its] reasoning, [and] the workability of the rule it established" (citation omitted). Knick v. … Holmes, 195 Mass. 495, 505 (1907) (gift of bond was "subject to a qualified reservation of the interest" in donor); Barry v. Barry, 2 Mass. App.

Attorney General v. Tufts

239 Mass. 458 · Massachusetts Supreme Judicial Court · Oct 1, 1921

held such office, having been again elected on November 4, 1919, and again qualified on January 7,1920. … Scribner, 109 Mass. 487 ); that he felt that it was his duty to rely and insist upon, and did rely and insist upon, “ any right, privilege, and Immunity arising out of the creation and establishment by the Constitution of

RLI Insurance v. General Star Indemnity Co.

997 F. Supp. 140 · District Court, D. Massachusetts · Feb 25, 1998

February 1994, while the Gorham claim that is the subject of this litigation was pending and yet to be settled, many unresolved issues of Massachusetts law, including issues noted but not decided in Abrams , were firmly and clearly … Each of these witnesses was, in the court’s view, highly qualified and professional.

Iodice v. City of Newton

10 Mass. L. Rptr. 716 · Massachusetts Superior Court · Oct 1, 1999

All such plans for buildings in access (sic) of 35,000 cubic feet must bear the seal of a qualified professional architect. ( 780 CMR 113 .4, 113.5, 113.5.2, 1001.) 2. As indicated in my August 22, 1996 letter to Mr. … The record does not clearly indicate when the Department issued the memorandum.

United States v. Perella

273 F. Supp. 2d 162 · District Court, D. Massachusetts · Jul 30, 2003

I recognize that if that were all that was necessary to qualify for this departure, the exception would swallow the rule. … Clearly a court can have the additional confidence that such a person will be drug-free even after the court sanctions are no longer available.

Mattei v. Medeiros

District Court, D. Massachusetts · Jun 13, 2018

The respondent, Sean Medeiros (“Medeiros”) opposes the petition, arguing that the Massachusetts Appeals Court decision did not unreasonably apply clearly established federal law. … The Massachusetts Appeals Court’s decision “was [not] contrary to, or involved an unreasonable application of, clearly established Federal law.” 28 U.S.C. § 2254(d))(1).

Lewis v. Burwell

District Court, D. Massachusetts · Mar 30, 2019

Since 2015, however, three district courts and more than 40 ALJs have disagreed with the Secretary’s position that CGMs do not qualify as DME. … issues throughout the litigation and 2) the inference that the Secretary raised the issue of mootness (which was later overruled by this Court on a motion to reconsider) when plaintiff clearly

Liska v. Travelers Property Casualty Corp.

18 Mass. L. Rptr. 644 · Massachusetts Superior Court · Nov 19, 2004

Johanning’s testimony, however, does not establish to any reasonable degree of probabiliiy precisely when such exposure began. … During the removal procedure, all windows and doors would be properly sealed with all of the work being done by duly qualified environmental technicians.

Madelon

District Court, D. Massachusetts · Oct 28, 2025

Massachusetts Appeals Court unreasonably applied clearly established federal law as to his ineffective assistance of counsel claim. … For the purposes of habeas review, “[t]he Strickland standard qualifies as clearly established federal law.” Janosky v. St. Amand, 594 F.3d 39, 47 (1st Cir. 2010).

Cooke v. Lynn Sand & Stone Co.

673 F. Supp. 14 · District Court, D. Massachusetts · Jul 18, 1986

. § 1344 , establishes rules for the allocation of assets of terminating pension plans. … In 1964, Lynn Sand established a Pension Plan for non-managerial employees (“1964 Non-Management Plan”).

Young v. Aetna Life Insurance

146 F. Supp. 3d 313 · District Court, D. Massachusetts · Nov 16, 2015

Parker concluded, “[b]ased on the limitations established by [Plaintiffs] physicians, she is totally disabled from all employment,” and she would remain so for the foreseeable future. … work, Aetna made no finding as to whether she would be mentally qualified for such work, considering her significant medication requirements.

Integrated Communications & Technologies, Inc. v. Hewlett-Packard Financial Services Company

District Court, D. Massachusetts · Aug 13, 2020

In support of this argument, Plaintiffs state that “[n]ot only was H3C a wholly-owned subsidiary of HP and a good candidate for Rule 801(d)(2)(D) as such, but in this particular counterfeiting matter H3C clearly acted as … As noted above, he qualifies as an expert and may give testimony on the topics noted above.

The San Jose Indiano

21 F. Cas. 389 · U.S. Circuit Court for the District of Massachusetts · Oct 15, 1814

And I think the case now before the court comes clearly within the range of the principle which I have already stated. … The title to this property is clearly in the firm; therefore, two thirds are to be restored and one third condemned.

Walsh v. Boston University

661 F. Supp. 2d 91 · District Court, D. Massachusetts · Sep 28, 2009

Napolitano, 562 F.3d at 92 , it contains sufficiently analogous qualities to a court ordered consent decree such that plaintiff qualifies as a prevailing party. … Sovereign immunity and the accompanying stricter construction it entails, id., is not at issue in this case. Finding prevailing party status also adheres to First Circuit precedent, Stefan v.