Case law

Faulk v. Medeiros

District Court, D. Massachusetts · Jul 27, 2018

A state court[’s] decision is “contrary to” clearly established federal law . . . if it “contradicts the governing law set forth in the Supreme Court’s … A state court’s decision involves an unreasonable application of clearly established federal law “if the state court ‘identifies the correct governing legal principle from [the

Tuttle v. Planning Board

18 Mass. L. Rptr. 381 · Massachusetts Superior Court · Oct 20, 2004

Once the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts establishing the existence of a genuine issue of material fact. Id. at 17. … A party still “may qualify as a ‘person aggrieved’ if he has put forth credible evidence to substantiate a claim of injury to his legal rights which is more than speculative.” Nickerson v.

Salmon v. Lang

District Court, D. Massachusetts · Jan 28, 2021

At bottom, the First Amendment does not immunize workplace misconduct disguised in the name of free speech. … While refusing to transfer an employee may qualify as an adverse employment action, see Rutan v.

In re Lantus Direct Purchaser Antitrust Litigation

District Court, D. Massachusetts · Jan 10, 2018

It is also significant that the Lantus SoloSTAR is clearly not just a package, or container to hold a drug, but rather is an integral part of the way insulin glargine can be used to treat diabetes. … However, immunity is lost if the lawsuit is a “sham.”

McCormack v. Zimmerman

18 Mass. L. Rptr. 589 · Massachusetts Superior Court · Jan 3, 2005

McCormack and the defendants have specifically agreed that that role will be the task of a qualified arbitrator, in a binding and final fashion. … There is a well-established common-law right of access to the judicial records of civil proceedings. See Nixon v.

Sexton v. Barnhart

247 F. Supp. 2d 15 · District Court, D. Massachusetts · Feb 27, 2003

She asserts that these conditions limit her ability to work because she is unable to think clearly, concentrate or focus her attention. (A.R. at 104.) … Moreover, it is well established that the court must generally defer to credibility determinations made by an administrative law judge. See Frustaglia v.

Ehlert v. Metropolitan Life Insurance Company

District Court, D. Massachusetts · Nov 23, 2020

Clearly Dr. Didwania and Dr. Brusch are qualified to offer opinions with respect to infectious diseases given that both are Board certified in the field. … No major neurocognitive disorder has been adequately established.” (AR at 841.)

Boyle v. Douglas Dynamics, LLC

292 F. Supp. 2d 198 · District Court, D. Massachusetts · Aug 29, 2003

“Although whether a particular set of acts, in their factual setting, is unfair or deceptive is a question of fact, the boundaries of *219 what may qualify for consideration as a c. 93A violation is a question of law.” … Clearly then, a decision to continue dealing, albeit with more competitors, does not rise to the level of a ch. 93A violation.

Jones v. Demoulas Super Markets, Inc.

364 Mass. 726 · Massachusetts Supreme Judicial Court · Mar 7, 1974

is enough to say that to remove the plaintiff supermarkets, selling food at retail, from the food industry in common with UFW on the ground that they sell many sorts of food (or other things besides) would give them an immunity … The plaintiffs suggest that this establishes the defendants' culpability without more, since picketing that involves trespass is an anomaly.

AngioDynamics, Inc. v. Biolitec AG

991 F. Supp. 2d 283 · District Court, D. Massachusetts · Jan 14, 2014

As to the first argument, the three identified individuals clearly are “managing agents.” … No. 152 at 12) Second, the witnesses are not only technically qualified to give testimony at BAG’S direction, but have actually done so in this case. (Dkt.

Sanford v. Vinal

28 Mass. App. Ct. 476 · Massachusetts Appeals Court · Apr 13, 1990

“This is not an application of any rule of property law,” the court said, “but is a recognition of principles of ethics, propriety, and common decency which equity is peculiarly qualified to enforce.” Id. at 442 . … Goodwill Indus. of New Orleans Area, Inc., 233 La. 26, 38 (1957)(“The cemetery . . . has clearly been abandoned.

United States v. Massachusetts Water Resources Authority

97 F. Supp. 2d 155 · District Court, D. Massachusetts · May 5, 2000

However, a 1989 consultant’s report persuaded the MWRA’s Board of Directors that the system as a whole, because of its dependence on the Wachusett Reservoir, would be unable to qualify. … The testimony was clearly beyond Mr. King’s competence. King, 22:61-63. 64 . According to Dr.

Rattigan v. Wile

445 Mass. 850 · Massachusetts Supreme Judicial Court · Jan 25, 2006

The judge’s findings were not clearly erroneous. *860 Courts in other jurisdictions have reached similar conclusions. For example, in Statler v. Catalano, 167 Ill. … The invasion here was a composite of unpleasant odors, sounds, and visual conditions, and on this record the plaintiff established that the defendant’s actions constituted a nuisance. Damages.

Spinucci v. Vidal

District Court, D. Massachusetts · May 6, 2020

A petitioner must show that the state court decision applied clearly established federal law in a way that was “objectively unreasonable.” Roden, 753 F.3d at 299 (quoting White v. … Respondent opposes habeas relief, arguing that the SJC’s determination of the facts and its application of clearly established federal law were reasonable. [ECF No. 33 at 3]. A.

Montblanc-Simplo GMBH v. Staples, Inc.

172 F. Supp. 2d 231 · District Court, D. Massachusetts · May 3, 2001

From the photograph, the obliteration of the Pix mark on the gold central band on the cap is clearly visible. … Thereafter, Montblanc created a new box that qualified for copyright protection.

Roe v. Farwell

999 F. Supp. 174 · District Court, D. Massachusetts · Mar 31, 1998

This intent is clearly remedial. Roe identifies no contrary legislative history. 2. … The qualified language is necessary because Doe v. Attorney General, 426 Mass. 136 , 686 N.E.2d 1007 (1997) involved a level-one offender and Roe may well be classified at a higher level.

In the Matter of the Estate of Stacy Stacy v. Stacy

Massachusetts Appeals Court · Nov 8, 2019

Indeed, the wife asks us to insert language into the premarital agreement that provides that she and the decedent agreed to six) sets forth waivers of one another's qualified joint and survivor annuities, qualified … Once the wife's intestate share is established, the remainder of the estate passes according to the will. 4. Administration of the estate. a. Credibility determinations.

Earle v. Wood

8 Mass. 430 · Massachusetts Supreme Judicial Court · Oct 15, 1851

Acts were passed soon after the adoption of the provincial charter, in 1692 and 1693, for establishing a high court of chancery for the province. Anc. Chart. 222, 274. … The act has no special exception of conveyances in trust, but the exceptions are thus stated: Unless it is stated that the grantees or devises shall hold jointly, &c., or unless other words be therein used, clearly and manifestly

Nguyen v. Massachusetts Institute of Technology

479 Mass. 436 · Massachusetts Supreme Judicial Court · May 7, 2018

Universities are clearly not bystanders or strangers in regards to their students. See Mullins v. … themselves as having suicidal thoughts considered "parental problems" to be contributor to their suicidal ideation and behavior). 20For university-employed medical professionals, the duty and standards of care are those established

Polion v. Wal-Mart Stores, Inc.

22 Mass. L. Rptr. 31 · Massachusetts Superior Court · Nov 7, 2006

The few depositions and affidavits of Massachusetts associates are clearly not representative in the sense demanded by DeSisto . … Such findings clearly prove that associates must have left registers without logging off.” Id.