Case law

Rule v. Fort Dodge Animal Health, Inc.

604 F. Supp. 2d 288 · District Court, D. Massachusetts · Mar 11, 2009

Id. at 801, 840 N.E.2d 526 . 13 Furthermore, the Hershenow court expressly rejected the proposition, suggested by some language in Aspinall, that a misrepresentation can qualify as an “injury” to consumers who are influenced … Adopting the pleading rule established by the Supreme Court for federal courts in Bell Atl. Corp. v.

In Re Hayes

376 B.R. 55 · United States Bankruptcy Court, D. Massachusetts · Sep 26, 2007

” leads to the conclusion that deductions for secured payments are only allowed if they “will be made ‘subsequent to’ or ‘after’ the petition date, and payments for surrendered property that will never be made would not qualify … For instance, other portions of the means test, as expressed in Form 22A, clearly do not take into consideration a factually accurate picture of the debtor’s financial situation.

United States v. Malouf

377 F. Supp. 2d 315 · District Court, D. Massachusetts · Jun 14, 2005

Justice Kennedy, joined by Justices Rehnquist, O’Connor, Scalia and Breyer, interpreted § 924(c)(1)(A) as establishing a single offense, with “brandishing” a firearm a sentencing factor akin to “traditional” sentencing factors … The qualifying charge was the defendant’s 1997 conviction in Norfolk Superior Court, Docket Number 101631, for Trafficking in Cocaine. 4 .

Flagg v. Mann

9 F. Cas. 202 · U.S. Circuit Court for the District of Massachusetts · May 15, 1837

But a more material circumstance, is that in his second deposition he qualifies his former deposition in several important particulars. … Brown. 4 Mass. 444 , clearly recognized this distinction in Massachusetts; and, indeed, it pervades the sys-tern of equity jurisprudence on this subject.

Karila v. EF Education First International, Ltd.

District Court, D. Massachusetts · Mar 3, 2022

Accordingly, EF International does not qualify as a “foreign air carrier” under 49 U.S.C. § 40102(a)(21). … Both cases involve provisions that clearly “relate to” the price or service provided by a direct or indirect air carrier and neither involves a claim, as in the present case, unrelated to price, route or service, nonetheless

United States ex rel. Witkin v. Medtronic, Inc.

189 F. Supp. 3d 259 · District Court, D. Massachusetts · May 23, 2016

Other than JW, the other examples provided are each clearly insufficient. … Witkin coached a patient he calls “G.D.” to carbohydrate fast, after which his C-peptides dropped to levels qualifying him for coverage. Sec. Am. Compl. ¶ 549.

Bah v. Apple, Inc.

District Court, D. Massachusetts · Sep 27, 2021

Rater, 939 F.3d 385, 393 (1st Cir. 2019), which immunizes a defendant from liability unless he or she acted with malice or reckless disregard of the truth, see Tosti v. … something more than mere negligence; it requires that the author of the statement “in fact entertained serious doubts as to the truth of his 5 SIS’s statement that this privilege is absolute rather than qualified

Tommy Royal and Bernadette Costa, Individually and on Behalf of Similarly Situated Individuals v. Andrew Metcalf, Judgment Acquisitions Unlimited Inc., and Michael Zola

Massachusetts Superior Court · Jun 23, 2025

complete chain of assignments” linking the foreclosing entity directly or indirectly to the record holder of the mortgage, together with “a schedule of the pooled mortgage loans” or other account-specific evidence “that clearly … (“a class of 240 members is sufficiently numerous to qualify for class treatment”). Finally, the Court finds that Mr.

M.B. v. T.E.

Massachusetts Appeals Court · Aug 11, 2023

It is a misunderstanding of an email that could have much more clearly stated that T.E. was concerned by a statement S.B. made that T.E. perceived as a threat. 10 Again, the record does not indicate that M.B. provided a … Ct. 372, 376 (2019) (persistence alone is insufficient to establish harassment). The lawsuit that T.E. filed against M.B. also is insufficient to qualify as the third separate act.

Ferrari v. Barclays American/Business Credit, Inc. (In Re Morse Tool, Inc.)

87 B.R. 745 · United States Bankruptcy Court, D. Massachusetts · Jun 7, 1988

Pursuant to a procedure established in the order, the Creditors’ Committee timely objected to Barclays’ secured claim. … This should not be construed as a finding that the minimum charge provision would qualify as "reasonable” under § 506(b).

LaVallee v. Town of Dedham

District Court, D. Massachusetts · Jun 7, 2024

immunity raised by the Individual Defendants as a defense to Count I. … Nov. 9, 2020) (addressing defendants’ qualified immunity defenses was unnecessary where plaintiff failed to satisfy all three prongs of First Amendment retaliation claim’s three-part inquiry); see also McGunigle v.

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.

Change the Climate, Inc. v. Massachusetts Bay Transportation Authority

214 F. Supp. 2d 125 · District Court, D. Massachusetts · Jul 31, 2002

SCHWARTZ: I don’t know that this witness is qualified to compare the cost of transportation systems. … In the Order below, the court invites submissions from the parties by August 30, 2002, regarding the establishment and composition of such a board. F.

Commonwealth v. Rosario-Santiago

Massachusetts Appeals Court · Oct 2, 2019

Clearly, police may do so, provided the written inventory policy requires them to do so" (emphasis added). 61 Mass. App. Ct. at 684. … What's more, it threatens to immunize inventory searches from any meaningful judicial oversight.

Smith & Croyle, LLC v. Ridgewood Power Corp.

111 F. Supp. 2d 77 · District Court, D. Massachusetts · Aug 24, 2000

The Letter Agreement between Ridgewood and Smith & Croyle clearly contemplated the establishment of a joint venture. See Defendants’ Exhibit Book I, Ex. … B, at 2 (“All rights and assets necessary for the construction and operation of the Project will be assigned to and held by a newly created entity which qualifies as a partnership for U.S. tax purposes [“Newco”].

Commonwealth v. Manolo M., a juvenile

Massachusetts Appeals Court · Dec 15, 2023

Viewed in the light most favorable to the Commonwealth, the evidence was sufficient to establish the following. … The Commonwealth's evidence establishing that Manolo did not act in self-defense was not overwhelming, and required resolution by the fact finder.

Gulluni v. United States Attorney for the District of Massachusetts

District Court, D. Massachusetts · Sep 6, 2022

Ragen, 340 U.S. 462, 468 (1951) (upholding authority of executive agencies to promulgate regulations establishing conditions for disclosure of information). … Courts have long recognized a qualified privilege for certain kinds of information related to the activities of law enforcement. See Roviaro v.

McCarthy v. Commerce Group, Inc.

831 F. Supp. 2d 459 · District Court, D. Massachusetts · Dec 16, 2011

The Incentive Plan, on the other hand, clearly identifies the Compensation Committee as “plan administrator.” … It is unclear whether either description qualifies as “official.”

Galli

District Court, D. Massachusetts · Aug 17, 2026

Pursuant to this unambiguous definition, DemandScience clearly qualifies as a “person” under Section 304(4)(a)(I). … This argument distorts the fact that those other provisions qualify the term “commercial” with more specific descriptors. See Colo. Rev.

Resolution Trust Corp. v. Gladstone

895 F. Supp. 356 · District Court, D. Massachusetts · Jul 18, 1995

Clearly, these documents come within the purview of Fed.R.Evid. 803(6), 21 since the supporting affidavits point out that they were kept in the course of Home Federal’s regular business activity. … knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, ... all as shown by the testimony of the custodian or other qualified