Case law

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).

Metropolitan Life Insurance v. Cotter

28 Mass. L. Rptr. 479 · Massachusetts Superior Court · Feb 7, 2011

In mid-2006 he took and passed the qualifying exams in History, Communication and Literacy Skills, and Business. … He has little motivation to return to his old position and clearly prefers his current lifestyle.

Doelger v. JPMorgan Chase Bank, N.A.

District Court, D. Massachusetts · Jun 2, 2022

Plaintiffs ask the Court to construe JPMC’s interpretation of the clauses that form the basis of its counterclaims as a declaration that it is immune from suit, contrary to all public policy. … In sum, although JPMC’s counterclaims are clearly the result of Plaintiffs’ petitioning activity, there is sufficient evidence to conclude that each claim is colorable and not retaliatory.

Commonwealth v. Riley

467 Mass. 799 · Massachusetts Supreme Judicial Court · Apr 15, 2014

file a motion in limine to preclude the Commonwealth from advancing the theory that the defendant and Carolyn essentially fabricated symptoms of bipolar disease as well as ADHD in all three of their children in order to qualify … Fickling, 434 Mass. 9, 14 (2001) (leaving toddler alone with dying mother without alerting anyone as to toddler’s presence was sufficient to establish third prong malice).

Zacharakis v. Melo (In re Melo)

558 B.R. 521 · United States Bankruptcy Court, D. Massachusetts · Sep 20, 2016

Samia, his spouse, also frequently failed to answer questions directly or clearly. … with attributes giving rise to, in substance, a trust with a clearly defined trust res.

Dickerson v. Latessa

688 F. Supp. 797 · District Court, D. Massachusetts · May 31, 1988

Indeed, it appears that only those issues which could not possibly have been raised at the time of the first, plenary appeal qualify as “new” under Mass.Gen.Laws ch. 278, sec. 33E. See supra note 1. … Noting that “[d]is-position by dismissal of pending appeals of escaped prisoners is a longstanding and established principle of American law,” id. at 537, 95 S.Ct. at 1175 (citation omitted), the Supreme Court ruled that

Ricky Smith Pontiac, Inc. v. Subaru of New England, Inc.

14 Mass. App. Ct. 396 · Massachusetts Appeals Court · Sep 14, 1982

Neither provision purports to qualify the amount of recoverable damages by reference to the distribution or location of sales among the competing dealers’ market areas. … It is often difficult for an established dealer to increase its allocation.

Jackson v. Rushmore Loan Management Services

United States Bankruptcy Court, D. Massachusetts · Nov 2, 2020

Rushmore submitted unrebutted factual material establishing that Capital One had completed its disposition of Ms. … Jackson clearly ignores the plain language of the statute: “a creditor shall not cause publication of notice of aforeclosure sale. . .

Marks

District Court, D. Massachusetts · Feb 18, 2026

This Court need not resolve that dispute, however, as Marks fails to show that the arbitrator’s decision violates clearly established public policy. … Any violation of such a policy must then be “clearly shown.” Misco, 484 U.S. at 43.

Asantewaa v. Robert Wilkie

District Court, D. Massachusetts · Sep 22, 2021

Because administrative exhaustion is a condition of the waiver of sovereign immunity, it “must be strictly construed.” Farris v. … To establish a prima facie case of retaliation, plaintiff must show that 1) she engaged in protected conduct, 2) she suffered an adverse employment action and 3) that a causal nexus exists

Carr v. BG Retail, LLC

District Court, D. Massachusetts · Sep 4, 2025

Carr alleges that email addresses qualify as personal identification information. … That designation establishes the “unfair or deceptive act” element of a Chapter 93A claim, but it does not eliminate Chapter 93A’s separate requirement that the plaintiff suffers a distinct, identifiable injury caused by

The Fortitude

9 F. Cas. 479 · U.S. Circuit Court for the District of Massachusetts · May 15, 1838

So that at most these writers leave the whole subject open to a liberal interpretation of what constitutes necessary repairs; and relieve the court from all necessity of qualifying their language. … That question I left to the jury, and they were clearly of opinion, that there was, in this ease, no such apparent necessity.”

Mitchell v. Money Store Massachusetts, Inc.

12 Mass. L. Rptr. 348 · Massachusetts Superior Court · Nov 20, 2000

Moreover, no intention to deceive need be shown for an act to qualify as deceptive under G.L.c. 93A. Swanson v. Bankers Life Co. 389 Mass. 345, 349 (1983); Linthicum v. Archambault, 379 Mass. 381, 388 (1979). … Mitchell reasonably relied on those representations; Clearly, the Money Store’s own wrongful acts prevented Mitchell from proceeding with his efforts to obtain financing.

Logan Equipment Corp. v. Simon Aerials, Inc.

736 F. Supp. 1188 · District Court, D. Massachusetts · May 10, 1990

Even if SAI was “back-pedaling” on Logan’s order when this letter was written in June, a matter not clearly established by the later November memorandum, the letter does not contain any suggestion that SAI was proceeding … Normally the magistrate’s order can be overruled only if “clearly erroneous or contrary to law.” Fed.R.Civ.P. 72.

Doe v. Brandeis University

177 F. Supp. 3d 561 · District Court, D. Massachusetts · Mar 31, 2016

“never clearly communicated that he wanted [John] to perform oral sex.” {Id. at 21). .. 3. … The existence of a relationship did not immunize John from the consequences of any improper behavior.

KATHLEEN VITA v. NEW ENGLAND BAPTIST HOSPITAL (And a Consolidated Case)

Massachusetts Supreme Judicial Court · Oct 24, 2024

Where the statute's definition of communication clearly applies, we still consider whether its application is absurd. See Commonwealth v. … In the instant cases, however, as we have explained throughout this opinion, the term "communication" does not clearly apply here.

Blixt v. Blixt

437 Mass. 649 · Massachusetts Supreme Judicial Court · Sep 9, 2002

“[Ajlthough the plurality in Troxel avoided the issue, its prior decisions clearly reflect a tolerance for interference with parental decisions only when the health or safety of the child will be jeopardized or there exists … Riendeau, 761 A.2d 291, 301 (Me. 2000) (“something more than the best interest of the child must be at stake in order to establish a compelling state interest”).

Egenera, Inc. v. Cisco Systems, Inc.

District Court, D. Massachusetts · Dec 3, 2018

On the other hand, one does not qualify as a joint inventor by merely assisting the actual inventor after conception of the claimed invention. … “It is settled that in establishing conception a party must show possession of every feature recited in the count, and that every limitation of the count must have been known to the inventor at the time of the

Okor v. Sega of America, Inc.

193 F. Supp. 2d 269 · District Court, D. Massachusetts · Mar 29, 2001

In addition, Nintendo contends that because Temporary RAM is a fixed size, it cannot qualify as a variable sized memory stack. … In Nintendo’s instruction manual these ports were clearly identified as producing alternative, not simultaneous, means of connecting to a single monitor.

LaFlash v. Town of Auburn

District Court, D. Massachusetts · Feb 15, 2022

Johnson’s opinion may be unjustified, unreasonable, and derogatory, but its basis clearly is disclosed. See Lyons, 612 N.E.2d at 1161. … immunity, nor the plaintiff’s response that additional discovery is needed to determine whether that is so.