Case law

Psy-Ed Corporation v. KLEIN HIRSCH

459 Mass. 697 · Massachusetts Supreme Judicial Court · May 12, 2011

He correctly pointed out that, while a causal connection must be established between protected conduct and adverse action, that connection may be shown either directly or by inference. … The purpose articulated by Schive qualifies as an effort to obtain a collateral advantage.

Massachusetts Bay Transportation Authority v. Labor Relations Commission

5 Mass. L. Rptr. 362 · Massachusetts Superior Court · Apr 5, 1996

These categories have been established for more than 25 years. The numbers of employees in each category has varied. … Thus, the MBTA contends that the commission does not have jurisdiction to determine whether or not a particular person qualifies as an “executive.”

Pegasus Management Co., Inc. v. Lyssa, Inc.

995 F. Supp. 29 · District Court, D. Massachusetts · Feb 6, 1998

exceeded $25,000 (the “Single Occurrence Threshold”) or, if there is more than one claim, unless the claim exceeded $100,000 (the “Aggregate Occurrence Threshold”) when there were no such thresholds in the original Agreement clearly … Pataska is not qualified to testify to the opinions that he gives. Indeed, based upon his curriculum vitae appended to his affidavit, Mr. Pataska is qualified as-an expert to render the opinions he has proffered. 10 .

Hickey v. Thompkins

District Court, D. Massachusetts · Mar 8, 2021

The objective prong requires the plaintiff establish that his medical need is or was “sufficiently serious,” Burrell v. … Hickey has failed to establish the subjective prong of his claim as to the temporary denial of Suboxone.

The Emulous

8 F. Cas. 697 · U.S. Circuit Court for the District of Massachusetts · Oct 15, 1813

It is a principle clearly settled at the common law, that any person might seize uncustomed goods to the use of himself and the king, and thereupon inform of the seizure: and if, in the exchequer, the informer be not entitled … Because, if the law of nations does not, the common law does, afford such immunity from confiscation to property situated like the present. 3.

Commonwealth v. Weichell

390 Mass. 62 · Massachusetts Supreme Judicial Court · Sep 2, 1983

The defendant also sought to establish a defense of alibi. Three witnesses testified on his behalf. One witness’s testimony placed the defendant in downtown Boston until midnight. … Expertise in the area of photography does not qualify a witness to testify on the subject of human perception. Cf. Commonwealth v. Seit, 373 Mass. 83, 91-92 (1977). See P.J.

The McLean Hospital Corp. v. Town of Lincoln

Massachusetts Supreme Judicial Court · Sep 23, 2019

"To the extent that it is a finding of fact, it must be set aside as 'clearly  9 See Fitchburg Hous. Auth. v. … We must ascertain, based upon the facts found by the trial judge, to which we afford appropriate deference absent clear error, whether McLean's proposed use of the property qualifies as having "educational purposes" within

Cellilli v. Cellilli

939 F. Supp. 72 · District Court, D. Massachusetts · Aug 22, 1996

Massachusetts, 471 U.S. 724, 733 , 105 S.Ct. 2380, 2385 , 85 L.Ed.2d 728 (1985) (ERISA preemption “substantially qualified by” insurance savings clause). … The plan at issue here, is clearly not self-funded.

Parzenn Partners LLC v. Baran

District Court, D. Massachusetts · Nov 19, 2019

Cal. 2017) (“The threat of being driven out of business is sufficient to establish irreparable harm.”); W. Ala. Women’s Ctr. v. Miller, 217 F. Supp. 3d 1313, 1334 (M.D. … Ala. 2016) (“Business closure clearly qualifies as irreparable harm.”).

Cohne v. Navigators Specialty Insurance Company

District Court, D. Massachusetts · Feb 19, 2019

The Policy clearly defines “you” as referring to both “Named Insured shown in the Declarations” and “any other person or organization qualifying as a Named Insured under the policy.” … At the outset of the Policy, the Declarations clearly define BBC as a “Named Insured.” Id. at 3.

United States v. President and Fellows of Harvard College

323 F. Supp. 2d 151 · District Court, D. Massachusetts · Jun 28, 2004

The Requests for Funds clearly qualify as requests for money or property. And the FCTRs and the FSRs are also claims. … The Principal Investigator handbook clearly establishes this obligation: The terms “principal investigator,” PI, and “project director” are used to designate that individual who shall have responsibility for seeing that a

Gibbons v. Haddad (In Re Haddad)

68 B.R. 944 · United States Bankruptcy Court, D. Massachusetts · Jan 16, 1987

It summarized Marathon in this fashion: “The court’s holding in that case establishes only that Congress may not vest in a non-Article III court the power to adjudicate, render final judgment, and issue binding orders in … Our conclusion is reinforced when the other clearly constitutional powers of the bankruptcy court are compared with the purpose and effect of civil contempt powers.

Hume Lake Christian Camps, Inc. v. Planning Board of Monterey

Massachusetts Supreme Judicial Court · Jun 7, 2023

statement provides: "We desire that each person coming into contact with this global ministry will accept Jesus Christ as their personal savior; grow in their faith and Christian character development; establish … This purpose is clearly set forth in Hume's mission statement, which articulates Hume's desire that "each person coming into contact with [Hume's] ministry will . . .

Davis ex rel. Estate of Davis v. Bredvik

9 Mass. L. Rptr. 373 · Massachusetts Superior Court · Nov 15, 1998

Accordingly, the Bank argues, where work performed qualifies as ordinary repairs under the State Building Code for which no permit is needed, compliance with AAB regulations such as 521 Code Mass. … This argument lacks merit, since the definition of “remodeling" clearly distinguishes between work presumably requiring a building permit— modifications beyond interior decoration and structural changes — and redecorating

New Life Baptist Church Academy v. Town of East Longmeadow

666 F. Supp. 293 · District Court, D. Massachusetts · Jul 27, 1987

In his view, a college degree, even if not in education, is essential for a person to be minimally qualified to begin teaching. … Thus, it is appropriate to rec *311 ognize clearly the interests intended to be protected by the First Amendment.

Williams v. Commonwealth of Massachusetts

District Court, D. Massachusetts · Mar 4, 2024

It is well-established that a state is not amenable to suit under 42 U.S.C. § 1983 because a state is not a “person” within the meaning of that statute. Will v. … Any amended complaint must clearly be titled “Amended Complaint.” The caption of the amended complaint must name all the defendants. See Fed. R. Civ. P. 10(a).

Alharbi v. Theblaze, Inc.

199 F. Supp. 3d 334 · District Court, D. Massachusetts · Aug 9, 2016

The defendants respond that the motion to compel is untimely, and that the sources’ identities are protected by a qualified privilege under the First Amendment. … 347 Procedure 37 “imposes no deadline for the filing of a motion to compel,” but argue that the plaintiff was aware of the need for such a motion from the early stages of the case, and that the Court’s scheduling order “clearly

Bannon v. Godin

District Court, D. Massachusetts · Dec 8, 2020

b) did not have a firearm, (c) was severely injured and covered in blood, and (d) lying on the ground,” and thus that the purported inadequate training and supervision “amount[ed] to deliberate indifference to clearly … established constitutional rights of others, including Mr.

Commonwealth v. Montanez

55 Mass. App. Ct. 132 · Massachusetts Appeals Court · Jun 12, 2002

So viewed, all of this factual development establishes that the “tip [was] rehable in its assertion of illegality.” Florida v. J.L. 529 U.S. at 272 . B. … The defendant’s brief challenges that finding as clearly erroneous and not supported by the evidence.

Cellco Partnership v. Town of Grafton, Mass.

336 F. Supp. 2d 71 · District Court, D. Massachusetts · Sep 29, 2004

The moving party has the burden of establishing “the lack of a genuine, material factual issue.” Snow v. … Accordingly, I conclude that the coverage gap in Grafton Center qualifies as significant under the TCA.