Case law

Fontaine v. Ebtec Corp.

415 Mass. 309 · Massachusetts Supreme Judicial Court · May 21, 1993

The large amount of the judgment entered in this case clearly demonstrates the force of the amendments to G. L. c. 151B, § 9, on a defendant’s potential liability. If the Legislature had intended the amendments to G. … 228, 235-236 (1984) (prohibiting recovery of cumulative damages under multiple counts of a complaint). 6 The defendants argue at some length that the plaintiff failed to show, as part of his prima facie case, that he was qualified

Doe v. Sex Offender Registry Board

8 Mass. L. Rptr. 147 · Massachusetts Superior Court · Dec 22, 1997

This opportunity to be heard is not likely to be sufficiently timely to qualify as meaningful. … The value of the studies to establish that the plaintiff in this case has been afforded all the process that is due seems more questionable.

United States v. Rodriguez

931 F. Supp. 907 · District Court, D. Massachusetts · Jun 18, 1996

Had Torres then answered, Spellaey’s inquiry may well have fallen within the exception established by Quarles . … Batista’s legal argument, the First Circuit found, would inappropriately immunize any such defendant from further prosecution.

Parker v. New England Oil Corporation

13 F.2d 158 · District Court, D. Massachusetts · Apr 28, 1926

It goes far toward establishing the committee’s liability. … The oil enterprise could, apparently, qualify under that section. There is nothing1 to indicate that Chace could.

In re Neurontin Marketing & Sale Practices Litigation

244 F.R.D. 89 · District Court, D. Massachusetts · Aug 29, 2007

Defendants do not identify any conflicts of interest between the proposed representatives and the class, nor do they contest that plaintiffs’ experienced and highly-qualified counsel are adequate. … means of dispensing with proof of individual injury under Rule 23”) (citing In re Hotel Charges, 500 F.2d 86, 89-90 (9th Cir.1974) (“Such enlargement or modification of substantive statutory rights by procedural devices is clearly

Commonwealth v. Jorge German.

Massachusetts Appeals Court · Apr 6, 2026

evidence that he was unable to see Capriles's gesture. 6 To the extent that the judge found that Capriles remained continuously at the passenger's side window beside where the defendant was sitting, his finding is clearly … of the relevant firearms statutes in effect at the time of the defendant's arrest in 2022. 11This case was tried in March 2024, after the release of the decision in Guardado. 10 qualify

Commonwealth v. Whitman

453 Mass. 331 · Massachusetts Supreme Judicial Court · Mar 6, 2009

Rogers’s determination were the following factors: the defendant heard voices only inside his head (not outside); the defendant experienced no delusions (a false belief that is clearly improbable and not logical); psychosis … This testimony was established at a voir dire of each witness.

In RE McKESSON GOVERNMENTAL ENTITIES

767 F. Supp. 2d 263 · District Court, D. Massachusetts · Mar 4, 2011

Typically, the publishing company played no independent role in establishing AWP, other than applying this formulaic markup to the manufacturer's price. 2. … Hartman's damages methodology includes programs that use Red Book instead of FDB, this is not a persuasive argument for denying class certification, because the definition of each proposed class clearly excludes public payors

Barrigas v. United States of America

District Court, D. Massachusetts · Mar 9, 2018

“‘As with all waivers of sovereign immunity,’ the FTCA must be strictly construed in favor of the government.” Gordo-Gonzalez v. United States, 873 F.3d 32, 35 (1st Cir. 2017) (quoting Bolduc v. … “Conduct qualifies as extreme and outrageous only if it ‘go[es] beyond all possible bounds of decency, and [is] regarded as atrocious, and utterly intolerable in a civilized community.’” Id. (quoting Roman v.

Calhoun v. United States

539 F. Supp. 2d 500 · District Court, D. Massachusetts · Mar 25, 2008

In order for a plaintiff to bring a malpractice action, she must first establish the existence of a physician-patient relationship. Coombes v. Florio, 450 Mass. 182, 186 , 877 N.E.2d 567 (2007). … While the court accepted the letter de bene it clearly is inadmissible as hearsay (on several levels).

Dean Foods Co. v. Pappathanasi

18 Mass. L. Rptr. 598 · Massachusetts Superior Court · Dec 3, 2004

He said that the rebate program was established to serve a legitimate purpose. … Glazer is highly qualified to speak on the subject of opinion writing. He is, among other things, one of two Co-Reporters of the TriBar Report.

O'BRIEN v. Borowski

461 Mass. 415 · Massachusetts Supreme Judicial Court · Jan 31, 2012

. *419 A person who is abused by someone other than a “family or household member” does not qualify for a protective order under c. 209A and could obtain a restraining order only by seeking injunctive relief in the Superior … To establish harassment, a complainant must prove that the defendant, motivated by cruelty, hostility, or revenge, wilfully committed three or more acts aimed at a specific person, each with the intent to cause that person

Iconics, Inc. v. Massaro

266 F. Supp. 3d 449 · District Court, D. Massachusetts · Jul 19, 2017

To establish misappropriation of trade secrets under Massachusetts law, a plaintiff must show “1) the information is a trade secret; 2) the plaintiff took reasonable steps to preserve .the secrecy of the information; and … Although it can be “understandably difficult when describing complex scientific concepts” to speak both clearly and with particularity, Alnylam Pharm., Inc. v. Dicerna Pharm., Inc., No.

Commonwealth v. Walker

370 Mass. 548 · Massachusetts Supreme Judicial Court · Jun 24, 1976

The charge to the jury clearly and correctly pointed out that their duty was to consider all the evidence in reaching their decision on the defendant’s mental responsibility. … Notwithstanding the fact that this question was not answered, the defendant brought out quite clearly the relationship between Ms. Freeman and Arnold Walker, and further showed that Ms.

Scudder v. Crocker

55 Mass. 323 · Massachusetts Supreme Judicial Court · Mar 15, 1848

It is a fact, worthy of some consideration, perhaps, though of itself not very decisive, that these were distinct concerns established for distinct purposes, the larger being a manufacturing establishment, carrying on the … Whatever the statute was in terms, in effect, it was a qualified legal proceeding in insolvency, or a modified state bankrupt law. Both firms simultaneously made similar assignments, and to the same trustees.

In Re Bank of New England Corp.

134 B.R. 450 · United States Bankruptcy Court, D. Massachusetts · Dec 9, 1991

It should be noted at the outset that these rules may be subject to exceptions in clearly demonstrated special circumstances. … The effort now is “to balance a spirit of economy on the one hand with fees sufficiently close to market rates to attract qualified counsel on the other.” Boston & Maine Corp. v.

FWK Holdings LLC v. Shire PLC (Direct Purchaser Antitrust Class Action Complaint)

District Court, D. Massachusetts · Oct 9, 2020

Such testimony is clearly permissible. … The Court finds that the testimony is admissible for the purpose of establishing that there was not a no-AG agreement within the Shire-Actavis settlement.

Adams v. Schneider Electric USA

Massachusetts Supreme Judicial Court · Jun 21, 2023

In determining whether a 4 In the antidiscrimination statute, "[t]he term 'age' unless a different meaning clearly appears from the context, includes any duration of time since an individual's birth of greater than … "[T]he plaintiff's initial burden of establishing a prima facie case is not intended to be onerous." Id. at 45.

Snyder v. Contracted Medical for the DOC

District Court, D. Massachusetts · Aug 7, 2020

review the amended complaint and dismiss if the court determines that it is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune … However, the amended complaint, as plead, does not clearly set forth allegations sufficient to state a claim upon which relief may be granted.

American Civil Liberties Union Foundation, Inc. v. United States Department of Education

District Court, D. Massachusetts · Mar 30, 2018

“A document is predecisional if the agency can: ‘(1) pinpoint the specific agency decision to which the document correlates, (2) establish that its author prepared the document for the purpose of assisting the agency official … The Pedersen Declaration and Supplemental Pedersen Declaration do not clearly indicate that the emails “formed an essential link”in the process of creating a FAQ or responding to a borrower, nor do they state that the