Case law

Thrivent Financial for Lutherans v. Strojny

882 F. Supp. 2d 260 · District Court, D. Massachusetts · Aug 9, 2012

The letter clearly stated in the subject line that all of Monroe’s policies were affected and even provided partially completed forms to help him properly effect the change of beneficiary that he had intended. 62 The letter … Defendants’ claim, therefore, has not met the elements required to establish estoppel. V. Violation of M. G.L. ch. 93A Mass. Gen.

Riley v. Presnell

409 Mass. 239 · Massachusetts Supreme Judicial Court · Jan 28, 1991

Once the defendant pleads the statute of limitations as a defense to a malpractice action and establishes that the action *244 was brought more than three years from the date of the injury, the burden of proving facts that … See In re Swine Flu Immunization Prods. Liab. Litig., 880 F.2d 1439, 1443 (D.C. Cir.1989); Van Buskirk v. Carey Canadian Mines, Ltd., 760 F.2d 481 , 498 (3d Cir.1985); Maughan v.

Hayward v. Hayward

37 Mass. 517 · Massachusetts Supreme Judicial Court · Oct 8, 1838

It seems to be very clearly settled, and by a uniform current of authorities, that the distributive share in an intestate estate, immediately upon the death of the intestate, vests in the heir at law, and in case of his decease … Cas. 589, is often cited as bearing upon this question, but it only establishes the right of the husband to assign a chose in action, accruing dur *524 ing coverture.

Howe v. Massachusetts Department of Correction

District Court, D. Massachusetts · Jul 25, 2024

To qualify as a bona fide religious practice, a plaintiff must show “both that the belief or practice is religious and that it is sincerely held.” Id. at 56 (internal quotations and citations omitted). … preexisting health conditions, such as Hepatitis C from previous drug use.6 Reliable 5 See, e.g., CDC, USE OF PFIZER-BIONTECH COVID-19 VACCINE IN PERSONS AGED ≥16 YEARS: RECOMMENDATIONS OF THE ADVISORY COMMITTEE ON IMMUNIZATION

Bairstow v. Sullivan (In Re Sullivan)

198 B.R. 417 · United States Bankruptcy Court, D. Massachusetts · Jul 23, 1996

Therefore, the established law regarding vicarious liability does not aid the Debtor. 3. Did the Plaintiffs have the burden of proof as to special question 2(B)? … The jury’s answer to special question 2(B) does, therefore, qualify for purposes of issue preclusion. III. CONCLUSION For these reasons, the Plaintiffs’ motion for partial summary judgment is granted.

Commonwealth v. Najjar

Massachusetts Appeals Court · Nov 21, 2019

Indeed, this proposition has been "clearly established" for at least a decade. Jamison v. … established" that a guilty plea entered without knowledge of the mandatory minimum sentence violates due process).

Commonwealth v. Gambora

457 Mass. 715 · Massachusetts Supreme Judicial Court · Sep 2, 2010

However, this framework is not *726 specific enough to qualify as a validated method for this type of analysis. … Clearly, this assertion is unrealistic, and, moreover, it does not lead to a process of method improvement.

Green v. Board of Appeals of Provincetown

26 Mass. App. Ct. 469 · Massachusetts Appeals Court · Oct 14, 1988

That language simultaneously establishes a fair-sized reserve of combatants for the zoning wars and sets limits upon those eligible to protest. … private persons or public officials — is moved to raise the hue and cry about an act or decision of a building inspector or board of appeals, one may question the wisdom of our inviting additional parties into the ranks of qualified

GUARDIANSHIP OF INGRID (and a companion case ).

102 Mass. App. Ct. 1 · Massachusetts Appeals Court · Nov 17, 2022

In Paternity of Cheryl, the Supreme Judicial Court stated that "[a] 'fraud on the court' occurs where 'it can be demonstrated, clearly and convincingly, that a party has sentiently set in motion some unconscionable scheme … [Note 6] Rule 60 (b) states that the court may "entertain an independent action" for purposes of establishing such fraud.

Green v. Cosby

138 F. Supp. 3d 114 · District Court, D. Massachusetts · Oct 9, 2015

The two legal theories for establishing fault in this case are; respondeat superior liability and direct liability. … cause of action would, ipso facto, establish defeasance of qualified privilege.”

McLaughlin Transportation Systems, Inc. v. Rubinstein

390 F. Supp. 2d 50 · District Court, D. Massachusetts · Jun 28, 2005

Documents attached to the complaint, as well as an admission, establish that the $100,000 was, at most, an estimate and, at worst, a figure simply inserted because it was the maximum allowable amount under a guarantee policy … Rubinstein further asserts that, while she made reasonable attempts to find an appraiser, several months passed before she was able to find a qualified individual.

Safe Haven Sober Houses, LLC v. City of Boston

517 F. Supp. 2d 557 · District Court, D. Massachusetts · Oct 2, 2007

homes was the real impetus behind ISD’s regulatory and criminal enforcement actions. 12 Plaintiffs also argue that because recovering alcoholics and drug addicts are considered “disabled,” residents of the Safe Haven houses qualify … No Threat of Irreparable Injury “Both Great and Immediate” Even outside the three established Younger exceptions, Plaintiffs fail to establish other exceptional circumstances creating a threat of irreparable injury “both

Fitzgerald v. CBS Broadcasting, Inc.

491 F. Supp. 2d 177 · District Court, D. Massachusetts · Jun 22, 2007

That is enough to establish CBS’s use as “news reporting” for fair use purposes. 2. … Establishment v. Columbia Broadcasting Sys., Inc., 503 F.Supp. 1137, 1144 (S.D.N.Y.1980).

In re Asacol Antitrust Litigation

233 F. Supp. 3d 247 · District Court, D. Massachusetts · Feb 10, 2017

Because- Zydus was the first Paragraph IV filer for Asacol HD, it qualified for the 180-day marketing exclusivity period under the Hatch-Waxman framework. … Cir. 1999) (same), with Asacol, 2016 WL 4083333 , at *11 (denying dismissal as to the citizen petition claims because while that conduct was immune from antitrust liability, it could still serve to illustrate the context

WHDH-TV v. Comcast Corp.

186 F. Supp. 3d 107 · District Court, D. Massachusetts · May 16, 2016

While one company’s unilateral refusal to do business with another desirous of a relationship is not absolutely immune from antitrust scrutiny, courts have “been very cautious in recognizing ,[ ] exceptions, because of the … The vertical relationship between a network and its affiliate stations is no more clearly illustrated than by the court’s recollection that WHDH was a CBS station prior to its becoming an NBC affiliate in 1995. .

Commonwealth v. Rodriguez

457 Mass. 461 · Massachusetts Supreme Judicial Court · Aug 9, 2010

Rodriguez’s trial counsel sought to establish a defense of mis-identification. … L. c. 274, § 2, to establish guilt as an accessory before the fact.

Commonwealth v. Warrens Gelin

Massachusetts Supreme Judicial Court · Oct 15, 2024

The probationer characterizes this testimony as conclusory, in that Molnar failed to explain what training and experience qualified him to conclude the packaging was consistent with distribution and what specific characteristics … Long, 485 Mass. 711 , 716 (2020) (establishing more accessible remedy in consideration of "way facially neutral laws actually are enforced").

Aaron v. City of Lowell

District Court, D. Massachusetts · Jul 26, 2022

The actions of individual law enforcement officers are insufficient to establish the existence of an official policy. See Welch v. … First, Plaintiff has not adequately pled the requisite pattern of conduct required to establish a custom.

Commonwealth v. Pitt

29 Mass. L. Rptr. 445 · Massachusetts Superior Court · Feb 23, 2012

It is well-established that “a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties.” Id. at 744 . … The evidence before, the court does not clearly indicate whether the defendant’s CSLI revealed his location in a public area.

In Re Pharmaceutical Ind. Average Wholesale Price Litigation

321 F. Supp. 2d 187 · District Court, D. Massachusetts · Jun 10, 2004

The Supreme Court has established three primary lines of doctrine on the question of the presumption against preemption. … `Plan' means the state plan for Medicaid established pursuant to NRS 422.271." Nev.Rev.Stat. Ann. § 422.480 (West 2003).