Case law

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.

Chang v. Winklevoss

28 Mass. L. Rptr. 322 · Massachusetts Superior Court · May 3, 2011

See also President & Fellows of Harvard Coll., 445 Mass. at 748 (“The purpose of rule 12(b)(6) is to permit prompt resolution of a case where the allegations of the complaint clearly demonstrate that the plaintiffs claim … The parties mutually acknowledge that their agreement is qualified and that they, therefore, contemplate the drafting and execution of a more detailed agreement.

North Shore Pharmacy Services, Inc. v. Breslin Associates Consulting LLC

491 F. Supp. 2d 111 · District Court, D. Massachusetts · May 15, 2007

Applying these principles to the instant case, this court finds that the challenged statements are either clearly statements of fact or are opinions that imply an assertion of fact. … However, BAC is not obligated to establish a financial loss in order to pursue its defamation claim.

Wade v. Brady

460 F. Supp. 2d 226 · District Court, D. Massachusetts · Oct 27, 2006

Even if a new trial is necessary, our society has clearly expressed a value judgment that a reliable determination of guilt or innocence is worth the cost of a fair trial. … Where an exclusionary test result would automatically exonerate a prisoner, the right is clearly implicated.

Murphy v. Contributory Retirement Appeal Board

463 Mass. 333 · Massachusetts Supreme Judicial Court · Aug 31, 2012

The medical panel concluded that an opportunity to preside over only civil cases was not available to Judge Murphy and that, in any event, he clearly was “disabled and not able to function in his role.” … It is well established that judicial review of a CRAB decision pursuant to G. L. c. 30A, § 14, is narrow. See Retirement Bd. of Salem v. Contributory Retirement Appeal Bd., 453 Mass. 286, 288-289 (2009).

In Re Calore Exp. Co., Inc.

199 B.R. 424 · United States Bankruptcy Court, D. Massachusetts · Aug 21, 1996

A creditor asserting a right of set-off has the burden of establishing its entitlement to setoff. In other words, it must establish that “the debt and claim ... [are] ... mutual — that something is owed by both sides.” … Clearly, it allowed plaintiff to rely to its detriment on the information provided in its original proof of claim that no offset existed.

Snyder v. Contracted Medical for the DOC

District Court, D. Massachusetts · Mar 27, 2020

A TRO may issue without notice only if “specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can … Without a medical opinion to establish that either plaintiff suffers from the medical conditions alleged, plaintiffs cannot prevail on their claim and they, therefore, have not established that they are likely to prevail

Foundation Medicine, Inc. v. Kittle

District Court, D. Massachusetts · Feb 20, 2025

These vocational goals clearly overlap substantively with the responsibilities he was charged with at FMI. … FMI has met its burden of establishing that it is likely to suffer an injury that cannot be compensated by money damages if Kittle continues to work for Foresight.

Apex Const. Co., Inc. v. United States

719 F. Supp. 1144 · District Court, D. Massachusetts · Apr 11, 1989

The court should not substitute its judgment on such matters for that of the agency but should intervene only when it is clearly determined that the agency’s determinations were irrational or unreasonable. … Justification for this refusal rests primarily upon considerations of sovereign immunity and constitutional grounds ... There is also a vital concern for public policy.

McLaughlin v. American States Insurance Co.

90 Mass. App. Ct. 22 · Massachusetts Appeals Court · Aug 12, 2016

The judge's conclusion that Harrington's liability was reasonably clear as of May, 2004, is supported by his findings of fact (which, in turn, find support in the evidence and accordingly are not clearly erroneous). … First, it contends that Harrington's liability was never established, much less reasonably clear, because the judgment ultimately entered against him was for no monetary damages.

Town of Hingham v. Aquarion Water Co. of Massachusetts, Inc.

33 Mass. L. Rptr. 203 · Massachusetts Superior Court · Nov 20, 2015

The basis thus established is a long and complicated computation ...” Trial Exhibit 5 at pp. 4-5. … Jenkins is a highly qualified forensic accountant. He is not a lawyer, and did not receive instruction from counsel to apply any particular meaning to the statutory language.

John Doe, Sex Offender Registry Board No. 345593 v. Sex Offender Registry Board.

Massachusetts Appeals Court · Dec 20, 2023

The age of the victim, the relationship between Doe, the victim, and her family, Doe's level of contact with the victim, Doe's conduct while incarcerated, and his minimal participation in sex offender treatment were established … 2 Although in such a proceeding, Doe would bear the burden of producing evidence that circumstances had changed, "the bar for showing changed circumstances is 'very low' and . . . the mere passage of time generally qualifies

United States v. Lachman

278 F. Supp. 2d 68 · District Court, D. Massachusetts · Aug 14, 2003

At a minimum, the defendants conclude, they have established that the Commerce Department did or ought to have interpreted the term more narrowly. … authorized to *88 “supply ‘official’ definitions for terms that are not expressly defined in the [Export] Regulations”; 32 and that the defendants’ submission of affidavits by former Commerce Department officials cannot qualify

Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co.

529 F. Supp. 2d 106 · District Court, D. Massachusetts · Jul 6, 2007

Hausdorff clearly was aware of the error, since she provided the information that figure 43 was incorrect in the '266 and '397 applications to the prosecuting attorneys. … Cytokines are secreted proteins that affect the functions of other cells and which are important for the interactions between cells *118 in the immune response.

In re Nexium (Esomeprazole) Antitrust Litigation

309 F.R.D. 107 · District Court, D. Massachusetts · Jul 30, 2015

Accordingly, I make it a practice rarely to entertain such motions pre-trial unless they clearly impact a party's opening or, as in the case of prior convictions under Fed. R. … In Suboh , I should have granted the defendant qualified immunity, Suboh v. Dist.

Desai v. University of Massachusetts Memorial Medical Center

District Court, D. Massachusetts · May 31, 2022

that other comparably qualified individuals. … claim (Count III), federal age discrimination claim (Count IV), and Massachusetts discrimination claim (Count V) for lack of subject matter jurisdiction because, as a public entity, it is entitled to Eleventh Amendment immunity

In Re Grand Jury Proceedings

158 F. Supp. 2d 96 · District Court, D. Massachusetts · Aug 7, 2001

It is clearly desirable that federal and state authorities cooperate ... in organized crime ... investigations .... … Metropolitan Police officer qualified as “government personnel” under (A)(ii). McRae, 580 F.Supp. at 1562-63 .

Spanos v. TJX Companies, Inc.

220 F. Supp. 2d 67 · District Court, D. Massachusetts · Sep 19, 2002

(R. 164)(emphasis in original) Benefits are payable in the second phase, beyond 24 months, if the employee is “unable to work at any occupation, [he is] or could reasonably become qualified to do by education, training or … That is, the First Circuit “has interpreted the Firestone rule ‘to mean that a benefits plan must clearly grant discretionary authority to the administrator before decisions will be accorded the deferential, arbitrary and

Filler v. Lernout

230 F. Supp. 2d 152 · District Court, D. Massachusetts · Aug 19, 2002

On May 8, McLamb sent Van Aerde a memo noting several respects in which L & H had failed to establish and follow formal written accounting procedures. (¶ 294). … from being held liable for misstatements of their agents since “[a] corporation can only act through its employees and agents .... an allegation that a particular agent may have doctored or conveyed the report will not immunize

Grice v. VIM Holdings Group, LLC

280 F. Supp. 3d 258 · District Court, D. Massachusetts · Dec 8, 2017

Specifically, websites that “[allow] customers to apply for, accept, and manage their loans online” and to “establish accounts ... with unique usernames and passwords” are .highly interactive and qualify as business transactions … Grice could not establish jurisdiction over the Individual Defendants on this ground.