Case law

I v. Services of America, Inc. v. Inn Development & Management, Inc.

7 F. Supp. 2d 79 · District Court, D. Massachusetts · May 13, 1998

IDM’s self-funded Plan provided medical benefits to all qualified IDM employees. (Gilley Aff., Attach. A.) … This well established practice has it roots in the Rules of Decision Act, 28 U.S.C. § 1652 . Id.

Germoso

District Court, D. Massachusetts · Mar 20, 2026

The plaintiff must establish a prima facie case by demonstrating that she (1) was disabled within the meaning of Chapter 151B, (2) was “nonetheless qualified to perform the essential functions of the job, with or without … Laws ch. 175M, § 9 Defendant argues that the Complaint “establishes a clearly legitimate reason for Ms.

Mogilevsky v. Bally Total Fitness Corp.

311 F. Supp. 2d 212 · District Court, D. Massachusetts · Mar 31, 2004

While Bally focuses this Court’s attention on the words “absent congressional expressions to the contrary,” the text that immediately follows that phrase clearly limits its application to statutes which “define[] ‘costs’ … Thus, entry of the merits judgment in Foley did not “unconditionally establish” a right to attorney’s fees.

Ellis v. Ford Motor Co.

628 F. Supp. 849 · District Court, D. Massachusetts · Feb 20, 1986

Parker sought to establish that he had been wearing the belt on the evening of the accident, but that it had broken on impact, causing him to strike his head on the windshield or dashboard. … The sale of the van involved in the accident, a 1966 Econoline, was clearly made before 1971. The Parkers did not own the van at the time of the accident.

Haas v. Commissioner of Correction

Massachusetts Appeals Court · Jul 17, 2023

However, the limits of such discretion are established by the rules and regulations promulgated by the Department of Correction. … Rate Setting Comm'n, 371 Mass. 705, 708 n.9 (1977) (agency "letter" or "bulletin" might also qualify as regulation).

Iantosca v. Benistar Admin Services, Inc.

738 F. Supp. 2d 212 · District Court, D. Massachusetts · Aug 12, 2010

Certain Underwrites maintain that, to establish such a claim, Bursey must prove that the center of gravity of the circumstances that give rise to the claim [occurred] primarily and substantially within the Commonwealth [of … His counterclaims are cursory and do not clearly support the characterization that they are meant to bring claims for general CUTPA violations independent of alleged insurance wrongs in violation of CUIPA.

Devine v. Town of Nantucket

449 Mass. 499 · Massachusetts Supreme Judicial Court · Jul 19, 2007

L. c. 240, § 6, title to the Locus is hereby quieted and established to be in” him. The town appealed, and we transferred the case here on our own motion. 3 We affirm. 4 1. Facts. … We begin with the judge’s findings, which we accept unless they are clearly erroneous. Mass. R. Civ. R 52 (a), as amended, 423 Mass. 1402 (1996). See, e.g., Kendall v.

Commonwealth v. Seabrooks

433 Mass. 439 · Massachusetts Supreme Judicial Court · Mar 12, 2001

Guided by these well-established principles, we reject the defendant’s challenges. At trial the defendant did not challenge four of the five jurors whom he now claims should have been excused for cause. … Sherry’s alleged disclaimer qualified as a Lamb warning.

Matsuyama v. Birnbaum

452 Mass. 1 · Massachusetts Supreme Judicial Court · Jul 23, 2008

The all or nothing rule “fails to deter” medical negligence because it immunizes “whole areas of medical practice from liability.” McMackin v. … Spievack, supra at 494 n.4 (recognizing established use of clinical staging systems for cancer in medical prognoses).

Nna v. American Standard, Inc.

630 F. Supp. 2d 115 · District Court, D. Massachusetts · May 1, 2009

First, as a large — scale operator of outdoor commuter vehicles in Massachusetts, the MBTA was clearly aware of the cold and snowy conditions that accompany winters in New England. … It is well-established, however, that parties are permitted to argue mutually exclusive alternative theories of defense.

Firenze v. National Labor Relations Board

993 F. Supp. 2d 40 · District Court, D. Massachusetts · Jan 27, 2014

It is firmly established that the Government may not impair its employees’ right to speak as citizens on matters of public concern. U.S. v. … If the potential speech addressed a matter of public interest at all, that issue was less clearly a matter of public concern.

John Hancock Property & Casualty Insurance v. Scannell

14 Mass. L. Rptr. 559 · Massachusetts Superior Court · Jan 8, 2002

If one were to believe that Scannell Sr. intended to stop drinking and return to the marital home, that would be insufficient to establish at the time of the accident the marital home was his household and where he resided … Clearly the evidence warrants as the jury did a conclusion he intended to deceive.

Adjartey v. Cent. Div. of the Hous. Court Departmentand

481 Mass. 830 · Massachusetts Supreme Judicial Court · Apr 10, 2019

This conclusion is in keeping with the established practice of our other trial courts, the text of the indigency affidavit form, and the examples of "extra costs" provided for by statute. … "The burden is on the landlord to establish that he [or she] provided the requisite notice in compliance with the statute." Harris , supra , citing Ryan v.

Tarbell v. Rocky's Ace Hardware

District Court, D. Massachusetts · May 7, 2018

continued the litigation after it clearly became so.” … This court found that the plaintiff had failed to establish that he was qualified to perform the essential functions of any new position at Rocky’s after May 14, 2012 through the date of his termination.

In Re Sparfven

265 B.R. 506 · United States Bankruptcy Court, D. Massachusetts · Jul 25, 2001

The Debtor established an estate plan in 1990 and was represented by Rhode Island attorneys. … The Debtor’s domicile was clearly in Rhode Island prior to the Sparfvens’ move to Florida in January of 1998. Mr.

Nesbitt v. Wellpath

District Court, D. Massachusetts · Mar 2, 2022

While a condition such as a skin rash may not ordinarily qualify as objectively serious, it may become serious after substantial delay. See Leavitt, 645 F.3d at 497-98. … Public employees, however, are immune from liability under the MTCA for negligent acts when acting within the scope of their employment. Id.

Students for Fair Admissions, Inc. v. President & Fellows of Harvard College

308 F.R.D. 39 · District Court, D. Massachusetts · Jun 15, 2015

Although the interest requirement has eluded precise definition, the First Circuit has established some guidelines. … However, merely speculating about this possibility does not establish inadequacy.

McInnis v. Weinberger

388 F. Supp. 381 · District Court, D. Massachusetts · Jan 10, 1975

S.S.I. recipients could now participate in the food stamp program so long as they qualified under that program's standards. … The classification in the instant case clearly meets the Dandridge test.

Rubin v. Murray

25 Mass. L. Rptr. 429 · Massachusetts Superior Court · Dec 4, 2008

As discussed, the filing of lawsuits clearly meets that test, as does communication about pending litigation. … General Laws c. 156B, §20, authorizes stockholders to amend by-law provisions establishing preemptive rights.

Mayor of Boston v. Treasurer & Receiver General

384 Mass. 718 · Massachusetts Supreme Judicial Court · Dec 15, 1981

I think the existence of that connection is clearly implied in the legislative action here. … The answer seems to be clearly, "Yes."