Case law

Metropolitan Property & Casualty Insurance Co. v. Savin Hill Family Chiropractic, Inc.

266 F. Supp. 3d 502 · District Court, D. Massachusetts · Jul 21, 2017

qualified health care professional. … Here, the Plaintiffs clearly assert claims for monetary loss.” (Chiropractor Def. Mem. at 12).

Dias v. Colvin

52 F. Supp. 3d 270 · District Court, D. Massachusetts · Sep 30, 2014

Plaintiff is correct in noting that an ALJ is “not qualified to interpret raw medical data in functional terms” and that an ALJ’s RFC cannot stand when “no medical opinion supports] the determination.” Nguyen v. … Feb. 7, 2014) (“ALJ clearly considered Plaintiffs spinal issues,” deemed non-severe at step two, “when assessing *282 her RFC” as shown by ALJ’s extensive discussion of the impairment and his reliance on MRI report).

Commonwealth v. Agogo

93 Mass. App. Ct. 495 · Massachusetts Appeals Court · Jun 29, 2018

concluded that the strip search was not authorized by the "officer in charge," he did not  19 do so by finding that a "commanding officer" does not qualify … Rather, he mistakenly stated that there was no testimony supporting the conclusion that Betz was the commanding officer, which is clearly erroneous.9 See Commonwealth v. Castillo, 89 Mass. App.

Cumberland Farms, Inc. v. Montague Economic Development & Industrial Corp. (In re Cumberland Farms, Inc.)

168 B.R. 455 · District Court, D. Massachusetts · Jun 9, 1994

But that inference would clearly not apply to the period of over thirty months involved here. The Massachusetts regulation on relocation assistance contemplates charges for use and occupancy following a taking. … Upon approval of the plan, the taking authority must “assist owners of displaced businesses ... obtaining and becoming established in suitable business lo-cations_” Mass.Gen.L. ch. 79A, § 6.

Turner v. Liberty Mutual Retirement Benefit Plan

District Court, D. Massachusetts · Jul 15, 2024

In addition, plaintiff must establish the elements for one of the types of class actions set out in Fed. R. Civ. P. 23(b). … For both Rules 23(a) and 23(b), plaintiff must establish each of the elements; failure to establish any of them will defeat class certification. See Smilow v.

Commonwealth v. Zane Z.

51 Mass. App. Ct. 135 · Massachusetts Appeals Court · Mar 9, 2001

Oliveira, 431 Mass. 609, 614 (2000), lays out a five-step process for determining whether a defendant should have access to qualified privileged communications of the victim in a case of rape or sexual abuse. … The Commonwealth countered by pointing out that the incidents with the juvenile were clearly different from the activities to which the grandfather pleaded guilty.

Muller v. Selene Finance LP

District Court, D. Massachusetts · Jan 31, 2023

This form stated that under Massachusetts law, Muller was qualified to request a modification on her mortgage and had until November 7, 2019, to fill out the corresponding paperwork. [Id. at 1]. … The transcript clearly shows otherwise. [See Dkt. 70-17 at 1-2 (counsel showed the plaintiff Exhibit E, the “financial workout package,” attached to the amended complaint)].

Commonwealth v. Chambers

465 Mass. 520 · Massachusetts Supreme Judicial Court · Jun 13, 2013

. *521 Before trial, the judge ruled that, under our common-law rule of evidence established in Commonwealth v. … Harris, 464 Mass. 425 , 435 n.12 (2013) that “conduct involving only the use of nonthreatening words will not be sufficient to qualify a defendant as a first aggressor.”

Opinions of the Justices To the Senate

440 Mass. 1055 · Massachusetts Supreme Judicial Court · Jul 1, 2004

L. c. 207A, which establishes the institution of “civil union,” eligibility for which is limited to “[t]wo persons . . . … It clearly is. It is of no consequence that the actual purpose that has *1073 motivated the proposed bill may be different from that just articulated. See Prudential Ins. Co. v.

Board of Trustees of the IUOE Local 4 Pension Fund v. Alongi

District Court, D. Massachusetts · May 3, 2024

Appx. 709, 716 (10th Cir. 2011) (“Termination of employment is clearly an adverse employment action.”); Osborne-Trussell v. Children’s Hosp. … process that involves both the employer and the qualified individual with a disability.”

Cassidy v. Ryan

District Court, D. Massachusetts · Feb 5, 2019

established law. … None of these rulings, singularly or cumulatively, amount to a ruling contrary to clearly established federal law and Cassidy does not explain how it does.

Durepo v. Eastman Chemical Company

District Court, D. Massachusetts · Jan 23, 2023

Succession planning gave priority to critical positions like Plaintiff's to avoid a vacancy in a critical position that no one was qualified to fill (DSOF ¶ 6; Dkt. No. 32-1 at 58-59). … and retirement inquiries and references, "[a]n employer may legitimately inquire about an employee's plans [for retirement] so that it can prepare to meet its hiring needs[, but] repeated and/or coercive inquiries can clearly

Go-Best Assets Ltd. v. Citizens Bank

79 Mass. App. Ct. 473 · Massachusetts Appeals Court · May 12, 2011

The elements of a negligence claim are long established. … In determining the scope of the bank’s duty of reasonable care, we apply well-established precepts of depositary bank liability.

Commonwealth v. Massachusetts Turnpike Authority

352 Mass. 143 · Massachusetts Supreme Judicial Court · Mar 3, 1967

This (if done reasonably economically) clearly would have cost less than rebuilding the old armory. There was evidence of the cost of such an economical replacement (see fn. 4). … Expert opinion testimony doubtless will be necessary to establish the fair market value of the property at the time of the taking.

Cho Hyun Shin v. Massachusetts Institute of Technology

19 Mass. L. Rptr. 570 · Massachusetts Superior Court · Jun 27, 2005

B.Violation of G.L.c. 93A (Count XVI) “[A] claim for the negligent delivery of medical care, without more, does not qualify for redress under [Massachusetts’] consumer protection statute, G.L.c. 93A.” Darviris v. … Therefore, the Plaintiffs can not establish an essential element of their negligent misrepresentation claim.

MacIoci v. Commissioner of Revenue

386 Mass. 752 · Massachusetts Supreme Judicial Court · Jul 20, 1982

At issue is the propriety of the Superior Court judge’s findings and rulings regarding (1) certification by the Commissioner of Revenue (Commissioner) that the city of Fitchburg (city) was qualified to implement differential … She clearly should have included R2, R3, and R4 data in her study, regardless of the low numbers of those parcels involved. *765 We agree.

Aktiebolaget Electrolux v. Armatron International Inc.

829 F. Supp. 458 · District Court, D. Massachusetts · Oct 27, 1992

The First Circuit has followed the Supreme Court’s lead in recognizing the “clear distinction between the showing required to establish a right to injunctive relief and that required to establish a right to damages.” … Because these “requirements” are often cabined by qualifying language, a detailed historical overview of the development of the caselaw in this Circuit is warranted.

United States v. Seluk

691 F. Supp. 525 · District Court, D. Massachusetts · Jul 5, 1988

A one-House veto is clearly legislative in both character and effect and is not so checked; the need for the check provided by Art. I, §§ 1, 7, is therefore clear. … Nixon that the prohibition of sharing of power implicit in separation-of-powers doctrine does not insulate the exercise of the power of each branch in a way that would sustain a claim of absolute Presidential privilege of immunity

In Re Credit Suisse-AOL Securities Litigation

465 F. Supp. 2d 34 · District Court, D. Massachusetts · Dec 7, 2006

Whatever the truth of the matter is, isolating the myriad causal factors that affect stock price is a factual question that should be decided at trial, with the help of qualified experts. … Taken in the light most favorable to Plaintiff, these comments are clearly sufficient to support an inference of artificial inflation.

Commonwealth v. Echavarria

32 Mass. L. Rptr. 642 · Massachusetts Superior Court · Apr 30, 2015

Bonafacio that Isidoro identified the night of the murder clearly depict two different people. Mr. … He clearly gave the matter his careful attention after conducting thorough preparation”). Furthermore, Mr.