Case law

Commonwealth v. Carlos Colina

Massachusetts Supreme Judicial Court · Nov 7, 2024

Assuming, without deciding, that the defendant's record of online purchases qualified as prior bad act evidence, we conclude that -- even considering the more "rigorous" admissibility test for prior bad act evidence -- it … Even assuming that the jury would have credited the defendant's testimony that the victim was the one to deliver the first blow, the defendant was significantly larger than the victim, as clearly observable in video footage

Joyce v. John Hancock Financial Services, Inc.

462 F. Supp. 2d 192 · District Court, D. Massachusetts · Nov 22, 2006

See, e.g., Bellino, 944 F.2d at 31 (stating that “[fjederal courts have established no hard and fast rule that an individual must suffer a period of unemployment to qualify for severance benefits under ERISA”). … When plan administrators are transparent and adhere to clearly established guidelines, they can go a long way in assuring plan beneficiaries that the plan is being carried out competently and fairly.

Omniglow Corp. v. Unique Industries, Inc.

184 F. Supp. 2d 105 · District Court, D. Massachusetts · Feb 11, 2002

Similarly, Omniglow’s application amendment states clearly that “one specific fluorescer, i.e. … However, it is unclear whether Ning, who is the general manager of Tianjin Dragon, is qualified to testify with regard to this information.

TOWN OF KINGSTON & Another v. HIGH PINES CORPORATION.

Massachusetts Appeals Court · Jan 9, 2025

Upon the execution hereof, High Pines, by and through its qualified engineer shall prepare a comprehensive list of infrastructure work that is required to be completed in the . . . subdivision (the 'Work'). … Ct. 383, 385 (1988), and no such intention is otherwise "clearly manifested in the contract as a whole." 5 Massachusetts Mun. Wholesale Elec. Co., supra.

Commonwealth v. Mimless

53 Mass. App. Ct. 534 · Massachusetts Appeals Court · Jan 9, 2002

Likewise, the judge’s ruling that Megathlin was qualified to testify about the hours and overpayment calculations in the *540 summary charts was proper. … Despite the need for accurate billing records, the evidence established that the defendant hired secretaries with no prior billing experience.

Ruthardt v. United States

164 F. Supp. 2d 232 · District Court, D. Massachusetts · Sep 27, 2001

The general principle expressed in Sum-merlin is well-established. See, e.g., Bresson v. … The court there explained: If the Insurance Commissioner were required to accept claims against the liquidated PCFA indefinitely that would clearly contravene the legitimate legislative goal of finality, and could well delay

Bay Club Members, LLC v. Selective Insurance Company of America

District Court, D. Massachusetts · Jan 27, 2023

The party seeking joinder bears the burden of establishing that joinder is warranted. Roy v FedEx Ground Package Sys., Inc., No. 3:17030116-KAR, 2020 WL 3799203, at *2 (D. Mass. … Regarding Rule 19(a)(1)(B)(i), courts have held that proceeds from insurance coverage qualify as the sort of interest that may appropriately underlie a motion for joinder.

United States v. Bouthot

685 F. Supp. 286 · District Court, D. Massachusetts · Apr 8, 1988

It appeared to Wenner that Carr’s record might not qualify him for Armed Career Criminal treatment. … The Supreme Court, however, has stated that, “the rule clearly is limited to post-arrest situations.” United States v. Marion, 404 U.S. 307, 319 , 92 S.Ct. 455, 463 , 30 L.Ed.2d 468 (1971).

In Re Lupron Marketing and Sales Practices Litigation

245 F. Supp. 2d 280 · District Court, D. Massachusetts · Feb 19, 2003

While plaintiffs assert that personal jurisdiction is properly based on the federal RICO statute, Takeda argues that RICO authorizes nationwide, rather than worldwide, service of process, and that it is immune from effective … Although in the possessive plural, in context this reference is clearly to TAP and not to TAP and Takeda. 33 .

Latimore v. Suffolk County House of Correction

District Court, D. Massachusetts · Jan 13, 2023

The plaintiff must establish an “identity of entities and circumstances to a high degree.” Rectrix Aerodrome Ctrs., 610 F.3d at 16. See also Freeman, 714 F.3d at 38 (quoting Cordi-Allen v. … For this reason as well, Latimore has not met his burden of proving any violation of his equal protection rights.8 8 In light of this Court’s conclusion, it will not reach the Defendants’ claim of qualified immunity

Verdrager v. Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

474 Mass. 382 · Massachusetts Supreme Judicial Court · May 31, 2016

See also Martin, Immunity for Hire: How the Same-Actor Doctrine Sustains Discrimination in the Contemporary Workplace, 40 Conn. L. … Wal-Mart Stores, Inc., 455 Mass. 91, 113 (2009), we applied the rule, originally established in Wynn & Wynn, P.C. v.

Commonwealth v. Molina

476 Mass. 388 · Massachusetts Supreme Judicial Court · Feb 7, 2017

Here, the warrant established a sufficient nexus, articulated with adequate particularity. … The judge agreed with the Commonwealth that Vicky qualified as a victim of the defendant's crimes who might be eligible for restitution, but declined to hold a restitution hearing because he found that to do so would

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 .

Thattil v. Dominican Sisters of Charity of the Presentation of the Blessed Virgin, Inc.

415 Mass. 381 · Massachusetts Supreme Judicial Court · Jun 3, 1993

The Dominican Sisters is a religious order within the Roman Catholic Church, established and existing according to the mandate of canon law. *383 Pursuant to canon law, the Dominican Sisters is regulated internally by its … P. 56 (c), 365 Mass. 824 (1974). [6] The Superior Court judge held that, pursuant to the intended legislative policy of G.L.c. 175, § 113L, as amended through St. 1980, c. 532, Sister Thattil qualified as a named insured

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

Akamai Technologies, Inc. v. Limelight Networks, Inc.

494 F. Supp. 2d 34 · District Court, D. Massachusetts · Jun 29, 2007

However, the presumption that words are given their ordinary meaning may be overcome if the patent specification or prosecution history “clearly and deliberately set[s] forth” a different meaning. K-2 Corp. v. … See, e.g., Chart 1 — Eligibility for the Self-Correction Program (“SCP”) Qualified Plans and 403(b) Plans, http://www. irs.govlpub/irs-tege/scp-.qual- 403b-flow-chart.pdf (last visited June 14, 2007). 14 .

Dicerbo v. Nordberg

8 Mass. L. Rptr. 160 · Massachusetts Superior Court · Jan 15, 1998

facts that the DET has not treated Board of Review decisions with precedential value and is arbitrarily denying compensation benefits for persons similarly situated to others who have been found by the Board of Review to be qualified … Co. of Mass., Inc., 367 Mass. 708, 712 (1975); (“(1) whether a new principle has been established whose resolution was not clearly foreshadowed, (2) whether retroactive application will further the rule, and (3) whether inequitable

C.A.I., Inc. v. Vitex Packaging Group, Inc.

115 F. Supp. 3d 168 · District Court, D. Massachusetts · Jul 17, 2015

“The legal effect of such an agreement is, of course, qualified by other provisions” of the Code. Id. Section 2-207 of the UCC governs “Additional Terms in Acceptance or Confirmation.” … As JOM clearly instructs, under these - circumstances, Vitex bears the burden of *180 establishing that at the time it entered into the consignment arrangement with CAI, it would have objected to the terms in the invoice.

In re Darden

474 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · May 25, 2012

A contract is ambiguous if a genuine doubt appears as to its meaning, that is, if, after applying established rules of interpretation, the written instrument remains rea *11 sonably susceptible to at least two reasonable … As explained above, a plan will qualify for confirmation only if the Debtor proposes it in good faith.

Bezdek v. Vibram USA Inc.

79 F. Supp. 3d 324 · District Court, D. Massachusetts · Jan 16, 2015

Second, the plaintiffs must show “that counsel chosen by the representative party is qualified, experienced and able to vigorously conduct the proposed litigation.” Id. … members, each of whom have small individual claims that may not be worth pursuing independently, “a class action is the only feasible mechanism for resolving the dispute efficiently,” M3 Power Razor, 270 F.R.D. at 56 , and is clearly