Case law

Beal Bank, SSB v. Waters Edge Limited Partnership

248 B.R. 668 · District Court, D. Massachusetts · Apr 11, 2000

The Maginot line is clearly drawn. … None of these arguments is compelling enough to overcome the clearly erroneous hurdle.

Block & Leviton LLP v. Federal Trade Commission

District Court, D. Massachusetts · Oct 15, 2020

To invoke Exemption 4, “the agency must establish that the withheld records are (1) commercial or financial, (2) obtained from a person, and (3) privileged or confidential.” … FOIA Exemption 6 exempts from disclosure information about individuals in “personnel and medical files and similar files” when disclosure “would constitute a clearly unwarranted invasion of

Crawford v. Riley (In Re Wolverine, Proctor & Schwartz, LLC)

436 B.R. 253 · District Court, D. Massachusetts · Mar 12, 2010

The Debtor and the Pension Plan On January 1, 1964, the Debtor established the Proctor & Schwartz Salaried Employees Retirement Plan (the “Plan”) to provide retirements benefits for certain employees. … When a District Court reviews a decision of the bankruptcy court, findings of fact are disregarded only if clearly erroneous, but questions of law are subject to de novo evaluation. See Fed. R. BaNKR. P. 8013; Groman v.

Garcia v. Steele

Massachusetts Supreme Judicial Court · Jun 27, 2023

They rely on § 85A, which establishes a presumption that evidence that the vehicle was registered in the name of the defendant as owner at the time of an accident involving the vehicle "shall be prima facie evidence that … To qualify for the protection of the Graves Amendment, MBF Auto must be in "the trade or business of renting or leasing motor 10The plaintiffs, citing Zizersky v.

Flynn v. Menino

944 F. Supp. 81 · District Court, D. Massachusetts · Nov 5, 1996

Where a public employee speaks out on a topic which is clearly a legitimate matter of inherent concern to the electorate, the court may eschew further inquiry into the employee’s motives as revealed by the “form and context … ” of the expres-sion_ On the other hand, public-employee speech on a topic which would not necessarily qualify, on the basis of its content alone, as a matter of inherent public concern (e.g., internal working conditions,

Walker v. Butterworth

457 F. Supp. 1233 · District Court, D. Massachusetts · Sep 28, 1978

Helms, who was not qualified as an expert, added only that she had consulted with Terrell Walker on numerous occasions and, as a result, sought to place him in a mental hospital and refer him to Dr. Gatti. … As discussed above, that clearly was not the case.

Globe Newspaper Co. v. Conte

13 Mass. L. Rptr. 355 · Massachusetts Superior Court · Jul 19, 2001

Once the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts establishing the existence of a genuine issue of material fact. … Rather, the key is the qualifying datawhat information plaintiff seeks to correlate against the docket numbers.

Clapp v. Tobin

District Court, D. Massachusetts · Mar 18, 2022

Therefore, the Court does not need to reach the defense of qualified immunity. A. … Hoyos, 151 F.3d 1, 6 (1st Cir. 1998) (“The right to be free from unreasonable seizure (and, by extension, unjustified arrest and detention) is clearly established in the jurisprudence of the Fourteenth Amendment (through

Securities & Exchange Commission v. Auctus Fund Management, LLC

District Court, D. Massachusetts · Jul 22, 2024

This language clearly shows that, in 1934, there was no established understanding that dealers only worked for customers. … First, it is not inconsistent to imagine that market transactions, which at one time did not qualify as dealer behavior, grew in volume, profit, and proliferation such that they later qualified as such.

Bergeron Ex Rel. P. Bergeron Nominee Trust v. Ridgewood Securities Corp.

610 F. Supp. 2d 113 · District Court, D. Massachusetts · Mar 31, 2009

Shares of Ridgewood funds were offered only to “qualified” or “accredited” investors having a high net worth. (DF ¶ 7; PR ¶ 7). Bergeron certified to Mr. … These obligations are not clearly defined.

Vesprini v. Shaw Industries, Inc.

221 F. Supp. 2d 44 · District Court, D. Massachusetts · May 3, 2002

“Ambiguity” or “Stray Remarks” Defendants claim that the statements in question are “ambiguous,” and that they therefore cannot qualify as direct evidence of discrimination under Febres . … Age was clearly in the “mix” of the motives animating Shaw’s decisions; the pivotal question is whether it was determinative, b. Would the Same Decisions Have Been Made Regardless of Vesprini’s Age?

Walker v. City of Holyoke

523 F. Supp. 2d 86 · District Court, D. Massachusetts · Nov 30, 2007

Aqueduct & Sewers Auth., 331 F.3d 183 , 192 (1st Cir.2003) (“The inadequacy of [the plaintiffs] Title VII claim establishes the inadequacy of her § 1983 claim.”); Torres-Rosado v. … Since the court concludes there is no First Amendment violation in this case, there is no need to consider whether Defendant is protected from monetary liability by the doctrine of qualified immunity. See Dirrane v.

Manshadi v. Laitinen

District Court, D. Massachusetts · Feb 18, 2025

Citizenship and Immigration Services (“USCIS”), confirming that the noncitizen beneficiary qualifies as an eligible family member. … Courts are split as to whether § 1202(b) creates a “nondiscretionary duty” establishing jurisdiction under the APA and MVA. See Conley v. U.S. Dep’t of State, 731 F. Supp. 3d 104, 109 (D.

K.O. v. Sessions, III

District Court, D. Massachusetts · Feb 3, 2020

. § 1406, the Court should refuse to extend Bivens to the claims asserted by Plaintiffs (and therefore, such claims should be dismissed) and/or the Defendants are entitled to qualified or absolute immunity for all claims … Lack of Personal Jurisdiction Plaintiffs have the burden of establishing a prima facie case of personal jurisdiction over the Defendants.

Corsetti v. Stone Co.

396 Mass. 1 · Massachusetts Supreme Judicial Court · Sep 19, 1985

There was no evidence to establish when the broken side bracket was manufactured. … Driscoll clearly establish the existence of a malingerer exception as matter of law. Moreover, I would be wary of establishing such an exception.

Redgrave v. Boston Symphony Orchestra, Inc.

602 F. Supp. 1189 · District Court, D. Massachusetts · Feb 13, 1985

Under the law of defamation, at least as applied to media defendants, a public figure plaintiff may not recover damages unless he or she can establish clearly and convincingly that the defendant had knowledge of the falsity … It is a question open to debate whether in the long run artists who openly express their political views would be offered more performance opportunities if such a rule were clearly established as applicable law.

McCormick v. Metropolitan Life Insurance

514 F. Supp. 2d 158 · District Court, D. Massachusetts · Sep 27, 2007

Co., 230 F.Sd 415, 420 (1st Cir.2000) (“The criteria for determining eligibility for Social Security disability benefits are substantively different than the criteria established by many insurance plans.”) … Although the particular circumstances calling for such a delay are not described, the advice with regard to timing a claimant’s application for Social Security disability benefits is clearly left, by operation of the Plan

Arivella v. Alcatel-Lucent

755 F. Supp. 2d 353 · District Court, D. Massachusetts · Dec 22, 2010

Three of the plaintiffs qualified for the maximum *358 $40,000 lump sum payment, and the fourth (Lacroix) was eligible for $38,122. (Ex. 140.) … Standing Along with demonstrating that ERISA law applies, the plaintiffs must establish that they have standing to bring a private cause of action under ERISA.

Commonwealth v. Figueroa

468 Mass. 204 · Massachusetts Supreme Judicial Court · May 19, 2014

After an evidentiary hearing, the motion judge made the following findings of fact, which were not clearly erroneous. … Therefore, we have rejected “the taking of a verdict on anything less than the entirety of a single complaint or indictment, as that would not qualify as the ‘general verdict’ required by rule 27 (a).” Id.

King v. Globe Newspaper Co.

400 Mass. 705 · Massachusetts Supreme Judicial Court · Aug 17, 1987

These are factors that we have previously recognized as tending to establish a statement as one of fact rather than of opinion for First Amendment purposes. See Aldoupolis v. … "Clearly, I could have made the $500 million property tax rollback if Ron had only performed up to par. And talk about patronage!