Case law

Grossman v. Garabedian (In re Garabedian)

520 B.R. 326 · United States Bankruptcy Court, D. Massachusetts · Oct 7, 2014

Accordingly, the Debtor did not clearly set forth in either his testimony or his Schedules how much money he was paying business creditors and business lenders and how much he contributed to household expenses. … Although the Debtor in responses to the Trustee’s Requests for Admissions, denied or improperly qualified his answers to the Trustee’s Requests, the Trustee through the Debtor’s admissions at trial established that the Debtor

Atlantic Specialty Insurance Company v. Karl's Boat Shop, Inc.

District Court, D. Massachusetts · Aug 20, 2020

Both doctrines relate to the circumstances under which an insurer may void a contract because of misstatements or omissions by the insured party, and both are clearly established … Section X(7) would qualify as a “condition precedent” under Massachusetts law.

Healy v. Spencer

397 F. Supp. 2d 269 · District Court, D. Massachusetts · Nov 8, 2005

In the instant case, there is no argument on Petitioner’s part that the SJC’s decision in Healy II was “contrary to” clearly established Brady jurisprudence. Compare McCambridge 303 F.3d at 35 . … Petitioner does not contend that SJC's decision was “contrary to” clearly established federal law. (See Dkt. No. 18, Pet'r's Mem. Supp. Writ Pet. 19.) 16 .

Commonwealth v. Hall

369 Mass. 715 · Massachusetts Supreme Judicial Court · Feb 13, 1976

Nina White, testifying under a grant of immunity, gave the following information in addition to that already attributed to her above. … The responsibility for ensuring that the record on appeal includes the information and material essential to establish an assigned error is on the defendant.

Quinones v. Frequency Therapeutics, Inc.

District Court, D. Massachusetts · Mar 29, 2023

filed with the Securities and Exchange Commission on November 16, 2020, cannot be actionable false statements because they are “textbook examples of ‘forward-looking statements’, immunized … Second, CW1’s statement is insufficiently particularized to establish falsity.

Sierra Fria Corp. v. DONALD J. EVANS,(PC)

978 F. Supp. 28 · District Court, D. Massachusetts · Oct 31, 1996

In,sum, as a result of her conversation with Bleeker, Kay clearly understood that the Aruban practice of transferring real estate without an as-built survey or title insurance exposed a purchaser — in this case her firm’s … Nexon, Esq. made an effective argument that, under the circumstances, a qualified attorney in Glazer’s position would not likely have noticed the effect), I conclude that the plaintiffs have not established by a preponderance

Openshaw v. Openshaw

Massachusetts Supreme Judicial Court · Mar 7, 2024

part of the estate of the other, including but not limited to, . . . funds accrued during the marriage and which shall include, but not be limited to, retirement benefits, military retirement benefits if qualified … Instead, we confine our review to determining whether the judge's factual findings that the parties challenge on appeal are clearly erroneous,  21 whether

Situation Management Systems v. ASP Consulting Group

535 F. Supp. 2d 231 · District Court, D. Massachusetts · Feb 28, 2008

Although the test clearly applies to works of creative fiction, the principle has broader application. … Thus, the well-established principles underlying the Learned Hand abstractions test dictate that a copyright inheres only somewhere near the literal textual level.

Commonwealth v. Lang

27 Mass. L. Rptr. 600 · Massachusetts Superior Court · Jan 31, 2011

The burden is “clearly on the defendant to demonstrate that the public was excluded from his trial.” Id. at 107 . … Indeed, defendant has established nothing beyond the initial instruction of Off.

Wollman v. Massachusetts General Hospital Inc.

District Court, D. Massachusetts · Jun 17, 2019

should the need have arisen, qualified alternative surgeons were never designated. … In Karvelas, the First Circuit established its “general position” on Rule 9(b)’s particularity requirement for qui tam actions. Nargol, 865 F.3d at 38.

Morgan v. Gittens

915 F. Supp. 457 · District Court, D. Massachusetts · Jan 31, 1996

Clearly they met the record-keeping requirements ordered in Grendel’s Den, Inc. v. Larkin, 749 F.2d 945, 952 (1st Cir.1984). It is clear too that Atkins and Pressman exercised sound billing judgment. … Both Atkins and Pressman have filed two supporting affidavits from well qualified practitioners attesting that the rates of compensation requested are on the conservative side.

FED. LAND BANK OF SPRINGFIELD v. Farm Credit Admin.

676 F. Supp. 1239 · District Court, D. Massachusetts · Mar 17, 1987

Plaintiffs contend that the defendants have not met their burden of establishing good cause for waiver of notice and comment. … But, once all System institutions have fallen to the bottom of Zone C or into Zone D, to qualify for federal aid the Capital Corporation must assess all of the System’s remaining “available capital and reserves.”

Freedom Wireless, Inc. v. Boston Communications Group, Inc.

390 F. Supp. 2d 63 · District Court, D. Massachusetts · Sep 1, 2005

These included three patents issued to Castro, which were filed sufficiently early to qualify as prior art. 19. One of the Castro patents, U.S. … Only if the threshold levels of materiality and intent have been established must the trial court weigh them.

Morgan v. Kerrigan

401 F. Supp. 216 · District Court, D. Massachusetts · Jun 5, 1975

This concern is expressed most clearly in the decisions that form the legal foundation on which Brown rests: Sweatt v. … The treatment in the plan of special needs students conforms with state law and enables the Boston public schools to qualify for federal and state aid for special education.

Avellar v. Dubois

30 F. Supp. 2d 76 · District Court, D. Massachusetts · Dec 4, 1998

an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2245 (d) (1998) (inserted by Antiterroism and Effective Death Penalty Act of 1996, Pub.L … There being no clearly established Supreme Court law to which the SJC’s decision is “contrary,” we must evaluate the petitioner’s claim under the “unreasonable application” clause of section 2254(d)(1). Id. at 26 .

In re Seneca One, LLC

22 Mass. L. Rptr. 111 · Massachusetts Superior Court · Jan 25, 2007

The “Best Interests” of Payee LeBlanc Under the Transfer Act, the burden is on LeBlanc to establish that the transfer is in his best interests. G.L.c. 231C, §2(a)(3). … This Court is concerned that LeBlanc’s actions clearly demonstrate that he does not have the maturity, financial responsibility, or understanding of the consequences of his actions that is necessary to ensure that he will

Commonwealth v. Shipps

399 Mass. 820 · Massachusetts Supreme Judicial Court · May 12, 1987

“The mere possibility that an item of undisclosed information might have helped the defense, or might have affected the outcome of the trial, does not establish ‘materiality’ in the constitutional sense.” … Regardless of any defense testing on the charms, the testimony regarding the other jewelry clearly was probative of the defendant’s guilt. Cf. Commonwealth v.

Commonwealth v. Lawrence Zinser.

Massachusetts Appeals Court · Nov 1, 2023

The defendant first argues that the judge abused his discretion because the evidence did not establish by a preponderance of the evidence that he had committed new criminal offenses. We disagree. … "A defendant's otherwise legal conduct may qualify as an act of harassment when considered with other evidence." Brennan, 481 Mass. at 150.

United States v. Seeley

District Court, D. Massachusetts · Nov 8, 2018

“The Supreme Court has held that when a state-created exemption, such as a homestead, conflicts with federal law, the exemption does not immunize a property from federal tax liens under the Supremacy Clause.” … The Court finds that this Memorandum and Order does not qualify as “final”under Rule 54(b) because it does not resolve all issues necessary to award judgment under26 U.S.C. §7403(c).

Commonwealth v. Souza

21 Mass. L. Rptr. 652 · Massachusetts Superior Court · Oct 25, 2006

After a temporaiy commitment of 60 days to the Treatment Center, pursuant to G.L.c. 123A, §12(6), during which two (2) qualified examiners examined and diagnosed Souza’s sexual dangerousness and issued reports concluding … Indeed, the Legislature’s enactment of weighty sanctions for hands-off offenses, such as dissemination of child pornography, has spoken clearly to the public safety threat posed by the sexual corruption of minors.