Case law

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.

Linnen v. A.H. Robins Co.

11 Mass. L. Rptr. 40 · Massachusetts Superior Court · Dec 15, 1999

Wellman to establish an association between phentermine and pulmonary hypertension exceed the background rate. 2. … Moreover, animal studies clearly show that phentermine increases the anorexic activity of dex-fenfluramine and increases the impact of this drug on brain seratonin levels." Similarly, Dr.

Commonwealth v. Fulgiam

477 Mass. 20 · Massachusetts Supreme Judicial Court · May 5, 2017

The Court clarified, ‘“[b]usiness and public records are generally admissible absent confrontation not because they qualify under an exception to the hearsay rules, but because — having been created for the administration … Fingerprint analysts testifying as expert witnesses must clearly frame their findings in the form of an opinion to avoid improper testimony. See Mass. G. Evid. § 702 & note (2017).

United States v. Pimental

236 F. Supp. 2d 99 · District Court, D. Massachusetts · Dec 19, 2002

The mailings in Schmuck and Pacheco-Ortiz are clearly distinguishable from the Account Data Report in this case. … This fact clearly made a difference to the majority, which emphasized the social costs of retrying the case under the first indictment. Id. at 72 , 106 S.Ct. 938 .

Deo-Agbasi v. Parthenon Group

229 F.R.D. 348 · District Court, D. Massachusetts · Aug 16, 2005

This clearly appears to be such a case. Plaintiffs submissions do not suggest any basis to invoke the doctrine of equitable tolling. … Fodor Contracting Corp., 843 F.2d 808, 811 (4th Cir.1988) (“[Wjhen the party is blameless, his attorney’s negligence qualifies as a ‘mistake’ or as ‘excusable neglect’ under Rule 60(b)(1).”); Smith v.

Bailey v. Dart Container Corp. of Michigan

157 F. Supp. 2d 110 · District Court, D. Massachusetts · Aug 17, 2001

Clearly, the ’015 patent does not require “protrusions,” which by definition jut out from the central portion, to take a “relatively flat” form. … The Federal Circuit has examined § 112 ¶ 6 in several cases and has established guidelines for determining its applicability.

ELIASSEN GROUP LLC v. Artificial Inventions LLC

District Court, D. Massachusetts · Mar 27, 2024

Once Eliassen identifies qualified candidates, it is considered to have established a “role,” beginning the interview process with the Client. … business, which requires the Court to assume that Eliassen would have fulfilled all the acquisitions by the point the Complaint was filed, and to some degree, ignore the Release Agreement between Eliassen and Nomura that clearly

Commonwealth v. Cruz

430 Mass. 182 · Massachusetts Supreme Judicial Court · Aug 19, 1999

As to the latter, “[o]f course where the neutral object is in fact used to inflict serious injury, it would clearly be a dangerous weapon.” Commonwealth v. … The judge instructed that jury that “[i]t is for you to determine, based on all the facts and circumstances, whether the duct tape, in this instance, qualifies as a dangerous weapon.”

McMillen v. Kadis (In re McMillen)

390 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · May 7, 2008

Kadis’s promise of an additional $75,000 and of a mortgage to secure it certainly qualifies as “other good and •valuable consideration” received. … Although McMillen did indeed breach his obligation to pay rent, I find that Kadis has failed to establish that McMillen made the promise to pay rent without intent to honor that promise.

Adoption of Paula

420 Mass. 716 · Massachusetts Supreme Judicial Court · Jun 30, 1995

L. c. 210, § 3, and to information from sources whose reliability is established or may be tested by cross-examination, in fact poses less of a threat to a parent’s interests than does the admission of the care and protection … While a decision of unfitness must be supported by clear and convincing evidence, id., a judge’s findings will be disturbed only if they are clearly erroneous. Adoption of Mary, supra.

Small v. Massachusetts Institute of Technology

584 F. Supp. 2d 284 · District Court, D. Massachusetts · Feb 29, 2008

Defendant does not dispute that Small has established a prima facie case. Defendant’s legitimate nondiscriminatory reason is not insubstantial. … Her August 2000 internal griev-anee is too remote in time to establish a causál connection. 13 . Defendant also cites Mole. v.

Amgen, Inc. v. Chugai Pharmaceutical Co., Ltd.

808 F. Supp. 894 · District Court, D. Massachusetts · Dec 3, 1992

Equally clearly, this provision precludes Amgen from licensing to any third parties the right to manufacture EPO in the U.S. under the ’008 patent for sale abroad. … While it may have more difficulty meeting the timeliness requirement, Ortho most clearly does not satisfy the second requirement — the interest requirement.

Access Cardiosystems, Inc. v. Fincke (In Re Access Cardiosystems, Inc.)

404 B.R. 593 · United States Bankruptcy Court, D. Massachusetts · Apr 17, 2009

suppliers were being added to exploit new credit lines and that these new suppliers were, at times, “less qualified, second and third tier suppliers, and some were added before they were qualified by the company.” … Fincke testified that the meaning of “manufacturing stability” depends on a particular company’s state of production and its progression- — what qualifies as “stable” for one company may not so qualify for another.

15,844 WELFARE RECIPIENTS v. King

474 F. Supp. 1374 · District Court, D. Massachusetts · Aug 23, 1979

Because at least the Fifth and Fourteenth Amendment claims are not patently without merit, plainly frivolous, or clearly foreclosed by prior decisions, we have pendent jurisdiction to decide the claims based on the Social … Contrary to defendants’ assertion, the Garrity doctrine is applicable even though in this case recipients are not forced to waive their privilege or waive future immunity. See, Gardner v.

Commonwealth v. Grayson

Massachusetts Appeals Court · Dec 20, 2019

The defendant challenges the sufficiency of the evidence underlying each of his three convictions.6 We 5 The examiner qualified this answer by adding, "[u]unless you look down the barrel which is always a bad thing … This case also lacks any evidence that the simple reason: the firearm in question [was] a revolver and, as such, the bullets in the cylinder were clearly visible." Id. at 90.

Commonwealth v. Canty

466 Mass. 535 · Massachusetts Supreme Judicial Court · Nov 6, 2013

Here, where the caption identified the criminal statute that was violated, and where other indictments more clearly charged the second and third category of crimes in violation of § 23, it reasonably could be inferred that … The indictment charges that the defendant “did operate a motor vehicle on a way, . . . and at such time his license has been suspended or revoked pursuant to provisions of a qualifying section of [G. L. c.] 90, § 24.”

Hayat ex rel. BTU Holdings Co v. Al-Mazeedi

28 Mass. L. Rptr. 243 · Massachusetts Superior Court · Jan 11, 2011

They are dependent on establishing a special factual relationship between the directors and the shareholders in the particular case. … These duties may arise in special circumstances which replicate the salient features of well-established categories of fiduciary relationships.