Case law

First Security Bank of Utah, N.A. v. Northwest Airlines, Inc.

43 F. Supp. 2d 136 · District Court, D. Massachusetts · Apr 15, 1999

Section 8.6 established a floor below which the number of remaining hours and cycles of operation on an Engine’s disks could not fall. … Finally, even if the Engine Parts were replaced pursuant to implied authorization conferred under Section 8.2, they would still seem to qualify as “replacement Parts” within the meaning of Section 7.2.2.

Picone v. Shire U.S. Inc. (Indirect Purchaser Antitrust Class Action)

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.

Ratchford v. Orange Lantern, Inc.

District Court, D. Massachusetts · Mar 13, 2024

Maronick has a doctorate degree in marketing, decades of teaching at the graduate and undergraduate level, and extensive experience conducting marketing research, all of which suffice to establish that he is qualified to … Plaintiffs who were earning their living by promoting their image, likeness, or identity when their images were posted to Magic Lantern’s Facebook page clearly had a commercial interest in their reputations and sales such

Adoption of Garret

Massachusetts Appeals Court · Jan 22, 2018

While Garret and Michael state in their brief that the judge relied on clearly erroneous findings, they do not state which specific factual findings were erroneous. … At the hospital, Elizabeth was examined by a physician, who was qualified at trial as an expert in pediatrics and child abuse medical assessments.

Amgen, Inc. v. Hoechst Marion Roussel, Inc.

339 F. Supp. 2d 202 · District Court, D. Massachusetts · Oct 15, 2004

This argument alone fails to establish this defense. … This ambiguity, however, does not establish HMR/TKT’s point.

Hermosilla v. Hermosilla (In Re Hermosilla)

450 B.R. 276 · United States Bankruptcy Court, D. Massachusetts · Jun 1, 2011

The Memorandum failed to even acknowledge the admissions as established facts, instead discussing them as unsupported allegations. … Fortunately, I qualified for MassHealth (also known as Medicaid), and continued to be qualified for free health care until February, 2011. All of this resulted in a substantial loss of income in 2010.

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

Gomes v. Silva

District Court, D. Massachusetts · Jun 20, 2019

A state-court decision is “contrary to” clearly established federal law if it (1) “applies a rule that contradicts the governing law set forth in [the Supreme Court’s] cases” or (2) resolves a case differently from the … Because it clearly was not, relief will not be granted as to that ground. IV.

Massachusetts Electric Co. v. Department of Public Utilities

469 Mass. 553 · Massachusetts Supreme Judicial Court · Sep 4, 2014

Applying the prudence standard would run counter to the Legislature’s purpose where it clearly intended that the department adopt and enforce its own standards of what constitutes reasonable storm performance, not the utility … During the October snowstorm, the *570 company had the opposite problem as the ORP did not provide notices for 239 qualifying events.

Flag Fables, Inc. v. Jean Ann's Country Flags & Crafts, Inc.

730 F. Supp. 1165 · District Court, D. Massachusetts · Feb 16, 1990

Second, if “copying” is established, a court “must determine whether the copying is sufficiently substantial to constitute ‘unlawful appropriation.’ ” Id. … In this Court’s view, a flag or banner does qualify as a useful article in and of itself, as it may function as a flag even in the absence of any design. 8 The defendants may argue, and rightly so, that the bulk of a flag

John Doe, Sex Offender Registry Board No. 526715 v. Sex Offender Registry Board.

Massachusetts Appeals Court · Jun 5, 2025

psychological or psychiatric profiles indicating risk to reoffend) by giving Doe's scores on empirically based risk assessment instruments only "some weight to the extent they were correctly applied to the facts by a qualified … assessment, that although Doe had shown "[a]rousal to appropriate stimuli," defined as adult women, he showed "no significant physiological arousal to 11 the examiner failed to state clearly

Yerardi v. Pacific Indemnity Co.

436 F. Supp. 2d 223 · District Court, D. Massachusetts · Mar 29, 2006

Yerardi is not entitled to coverage in any event because she has not established her innocence. … Yerardi has failed to establish her innocence as a matter of law.

CARE AND PROTECTION OF WAYLON (And a Companion Case).

Massachusetts Appeals Court · May 9, 2023

Here, the judge's subsidiary findings were "proved by a preponderance of the evidence," establishing by clear and convincing evidence that the mother was unfit. Adoption of Anton, 72 Mass. App. Ct. at 672. … Both children were adequately supervised by qualified adults before and after school.

Johnson v. Verizon New England, Inc.

23 Mass. L. Rptr. 40 · Massachusetts Superior Court · Aug 22, 2007

Co., 41 Mass.App.Ct. 443, 450 (1996), review denied, 423 Mass. 114 (1996) (statements that plaintiff “had been around for a long time” and that his “bag was getting too heavy” were not clearly connected to age and, without … Thus, she may have an arguable basis to establish that she engaged in protected conduct.

Espinosa Sr. v. Andrew C. Metcalf

District Court, D. Massachusetts · Jul 25, 2022

Such allegations encompass MCO and Abelli, see id. at 1 (defining “Defendants”), and, therefore, establish a reasonable inference that MCO and Abelli are liable for violating Section 1692e as to Senior. … Accordingly, MCO and Abelli plausibly qualify as “creditor[s]” and may be liable under Chapters 93 and 93A. F.

Commonwealth v. Paszko

391 Mass. 164 · Massachusetts Supreme Judicial Court · Feb 14, 1984

The judge’s findings, along with the undisputed testimony at the hearing, establish the following. … The judge’s resolution of the discrepant testimony on these issues is not clearly erroneous, and we therefore accept his findings for purposes of review. Commonwealth v.

Commonwealth v. Adkinson

80 Mass. App. Ct. 570 · Massachusetts Appeals Court · Oct 5, 2011

He had been qualified as an expert in forensic psychology on “literally hundreds of occasions, in just about every Superior Court from Worcester east and Federal District Court, Springfield . . . … On the motion for a new trial the defendant also argued that the evidence of battered woman syndrome established a defense of duress or coercion that should have been presented at trial.

United States v. Regeneron Pharmaceuticals, Inc.

District Court, D. Massachusetts · Sep 27, 2023

Remuneration The first issue is whether the donations by Regeneron to CDF qualify as “remuneration” under the AKS. … At a minimum, the language clearly suggests that there must be a causal relationship of some kind between the AKS violation and the medical decision that resulted in the false claim.

Douglas v. EF Institute for Cultural Exchange, Inc.

District Court, D. Massachusetts · Sep 22, 2021

Both cases clearly “relate to” the price or service provided by a direct or indirect air carrier, and neither involve a claim, as in the present case, unrelated to price, route or service, nonetheless being preempted by … May 4, 2018) (explaining that “[v]iolations of state regulations that constitute per se unfair or deceptive practices under Chapter 93A do not, without more, establish injury under Chapter 93A”).

Commonwealth v. Mienkowski

Massachusetts Appeals Court · Jun 8, 2017

The defendant concedes that there was sufficient evidence that he sent the video to Beth, but asserts that there was insufficient evidence that it qualified as "matter harmful to minors," or that he had specific knowledge … Although the defendant never established the reliability of the Cellebrite report, the judge allowed him substantial leeway in seeking to use it to impeach the Commonwealth's expert's conclusions about the contents of the