Case law

United States v. Mehta

307 F. Supp. 2d 270 · District Court, D. Massachusetts · Mar 3, 2004

expenses of day-to-day life are more pressing,” than charitable contributions, Thur-ston, 358 F.3d 51 , 79, I can only assume that the Court had in mind the kinds of activities that a blue collar worker would engage in to qualify … One witness, clearly overcome with emotion, described Mehta’s help when his father was dying of cancer.

Searle v. RBS Citizens Bank N.A.

District Court, D. Massachusetts · Mar 7, 2018

Here, Plaintiffs have not established that Ditech/Green Treeis a “debt collector” as defined bythe FDCPA. … “The party seeking the preliminary injunction bears the burden of establishing that these four factors weigh in its favor.” Id.

Thompson v. Coca Cola Co.

497 F. Supp. 2d 80 · District Court, D. Massachusetts · Jul 16, 2007

The court’s analysis of Plaintiffs wrongful termination claim must follow the three steps now well established. See Abramian v. … Clearly, despite counsel's proffer to the contrary, there was no explicit approval of the January 9 return dale.

In re Charles Street African Methodist Episcopal Church

499 B.R. 66 · United States Bankruptcy Court, D. Massachusetts · Oct 2, 2013

The term is more than neutrally descriptive and clearly has ecelesio-logical significance for the denomination. 13. … It is further mitigated by an $850K reserve now deposited with [OneUnited], which more than covers one year’s debt service at the qualifying rate.

In Re Pharmaceutical Ind. Aver. Wholesale Price

509 F. Supp. 2d 82 · District Court, D. Massachusetts · Sep 17, 2007

The defendant bears the burden of establishing the existence of federal jurisdiction. BIW Deceived v. Local S6, 132 F.3d 824, 831 (1st Cir.1997). … Henson, 537 U.S. 28, 34 , 123 S.Ct. 366 , 154 L.Ed.2d 368 (2002) ("[a]ncillary jurisdiction . . . cannot provide the original jurisdiction that petitioners must show in order to qualify for removal under § 1441").

Town of Brookline v. Commissioner of the Department of Environmental Quality Engineering

387 Mass. 372 · Massachusetts Supreme Judicial Court · Sep 3, 1982

In such circumstances, the DEQE is qualified to determine its own methods of enforcement. 5. Tentative decision. … FTC, 654 F.2d 599 (9th Cir. 1981), in which the court held that an agency seeking to establish rules of widespread application must proceed by rulemaking rather than adjudication.

Sony BMG Music Entertainment v. Tenenbaum

672 F. Supp. 2d 217 · District Court, D. Massachusetts · Dec 7, 2009

Legal Standard The plaintiffs seek summary judgment on the defendant’s fair use defense, asking the Court to find that fair use is foreclosed by the established facts of this case. … At summary judgment, a court considers whether sufficient facts have been established to warrant a decision as a matter of law.

Lucchesi

District Court, D. Massachusetts · Mar 11, 2026

where the moving party was arguing “on the facts of this case” that “the [plan in question] [wa]s a payroll practice . . . exempt from ERISA,” while the plaintiff alternatively “contend[ed] that the [plan in question] qualifie … Cir. 2016) (holding that a short-term disability plan was “clearly exempt from ERISA” where, inter alia, it constituted an employee’s normal compensation since it offered 100% and then 60% of their wages); Bassiri v.

Bandera v. City of Quincy

220 F. Supp. 2d 26 · District Court, D. Massachusetts · Aug 29, 2002

According to Hanna, the commission was established as a tool and an aid to the police officers that worked in particular community areas. … Rule 59 requires a finding that “the verdict is so seriously mistaken, so clearly against the law or evidence, as to constitute a miscarriage of justice.” Transamerica Premier Ins. Co. v.

Commonwealth v. Elana Gordon

Massachusetts Supreme Judicial Court · Sep 17, 2025

Michaels, 219 N.J. 1, 44 , cert. denied, 574 U.S. 1051 (2014) ("Clearly, defendant could not cross-examine the machines themselves"). In substance, that is precisely what occurred here. … Affording the defendant the benefit of the doubt, if the notes were prepared primarily to establish or prove facts for use at trial, they could qualify as testimonial under Bryant, 562 U.S. at 366 .

United States v. Toth

District Court, D. Massachusetts · Dec 20, 2019

for 2007 was warranted and not clearly unjust. … In its submissions, the Government has referenced UBS’s internal notes on the Account from the early 2000s, which discuss the Qualified Intermediary Agreement (“QI”) between the U.S. government and UBS Switzerland, effective

Mantha v. Quotewizard.com, LLC

District Court, D. Massachusetts · Mar 16, 2021

It is well established “a party cannot simply rely on statements in an agreement to establish or deny agency.” Butler v. McDonald’s Corp., 110 F. Supp. 2d 62, 67 (D.R.I. 2000). … While complaints and Do Not Call requests may overlap in the sense that one document or text communication may qualify as both a complaint and a Do Not Call request, not all complaints necessarily constitute Do Not Call

Turner v. Liberty Mutual Retirement Benefit Plan

District Court, D. Massachusetts · Aug 11, 2023

In the case at hand, however, because the plaintiffs did not qualify for relief under § 502’s other provisions, relief under § 502(a)(3) was appropriate. Id. at 515. … Section 503 of ERISA establishes procedural requirements governing how an ERISA plan must process benefits claims.

Amalgamated Titanium International Corp. v. Mennie Machine Company d/b/a MMC Armory

District Court, D. Massachusetts · Jan 18, 2022

Here, while the quantity of firearms to be purchased was subject to change “without notice,” the purchase order established a definitive formula for establishing the amount owing whatever the ultimate number. … However, MMC’s holding of ATI’s titanium as a hostage unless ATI agreed to grant MMC a blanket waiver of immunity from contractual liability is another matter.

CHRISTOPHER J. DIGIOVANNI v. STEPHEN M. DIGIOVANNI & Another.

Massachusetts Appeals Court · May 21, 2024

Accordingly, the judge's finding was not clearly erroneous. 5. Donna's loans and interest. … "Where a trust is established the burden is upon a trustee to show that he acted with reasonable skill and judgment and to account for all the trust property which came into his possession.

Wagner v. Federal Home Loan Mortgage Corporation

District Court, D. Massachusetts · Oct 2, 2020

The plaintiff need not prove that he or she will prevail at trial, but at a minimum the complaint “must establish more than simply a possibility of entitlement to relief.” … The amended complaint clearly states that Wagner was unable to perform on May 20, 2019 since “[t]he latest approval [Wagner] received was from ‘Eastern Bank’, dated February 15,

Ginn v. Almy

212 Mass. 486 · Massachusetts Supreme Judicial Court · Jul 1, 1912

The master while not required to report evidence which would substantiate the defendant’s contentions, has reported as to each particular transaction enough of the evidence to present clearly and fully the questions of law … By vote of the directors, who held fifty shares to qualify them for their *503 office, the remainder of the stock was issued to him, and under the terms of the prospectus and subscription sheet prepared and circulated by

Evans v. Lorillard Tobacco Co.

465 Mass. 411 · Massachusetts Supreme Judicial Court · Jun 11, 2013

We decline to place addictive chemicals outside the reach of product liability and give them special protection akin to immunity based solely on the strength of their addictive qualities. … Id. at § 5. 16 Because the 1969 Act preempts any State law claim imposing liability based on a showing that a cigarette manufacturer’s “post-1969 advertising or promotions should have included additional, or more clearly

In Re Betz

273 B.R. 313 · United States Bankruptcy Court, D. Massachusetts · Feb 15, 2002

See also, In re Brawn, 138 B.R. at 333 n. 29 (“[Rjesponse to § 522(f) motion qualifies, in and of itself, as the ‘objection’ Rule 4003 requires.”); Premier Capital, Inc. v. DeCarolis, 259 B.R. 467 , 471 n. 8 (1st Cir. … In light of the clearly established precedent in this Circuit, this Court believes that Cetiner has misinterpreted Judge Feeney’s language in Whalen-Ghiffin.

Liberty Roofing Company v. The Haskell Company

District Court, D. Massachusetts · Mar 14, 2022

Again, that standard is clearly met here. … The issue here does not relate to damage by other trades, nor would bare underlayment absent metal roof panels likely qualify as finished work.