Case law

In re Lunden

524 B.R. 410 · United States Bankruptcy Court, D. Massachusetts · Jan 15, 2015

He argues that the Financial Statement qualifies as an “official record of a state court proceeding,” and is thus exempt from the redaction requirement under Rule 9037(b)(3). … The redaction requirements are not only clearly stated in the Rule itself, but are repeatedly emphasized throughout the electronic filing process.

Lill v. Astrue

812 F. Supp. 2d 95 · District Court, D. Massachusetts · Sep 23, 2011

Gitlow acknowledged that Lili had problems with mood instability and auditory hallucinations but noted that “[t]he degree of severity of those difficulties, even when they were taking place and were clearly documented, was … “State agency medical and psychological consultants ... are highly qualified physicians, psychologists, and other medical specialists who are also experts in Social Security disability evaluation.” 20 C.F.R. §§ 404.1527 (

Maniscalco v. Colvin

167 F. Supp. 3d 207 · District Court, D. Massachusetts · Mar 3, 2016

Minen noted that “her cognitive testing shows poor performance in multiple domains but it is not clearly in the pattern of a neurodegenerativo process. … Sec’y of Health & Human Servs., 921 F.2d 327, 329 (1st Cir.1990) (“[Sjince bare medical findings are unintelligible to a lay person in terms of residual functional capacity, the ALJ is not qualified to assess residual functional

Bernier v. Bernier

82 Mass. App. Ct. 81 · Massachusetts Appeals Court · Jun 29, 2012

The judge qualified him as a tax expert. The exhibits reflect that Merfeld also applied a Massachusetts S corporation tax at the entity level (as in effect in the year 2000) of 4.50 percent. … Consol-Pennsylvania Coal Co., 6 F.3d 88, 97 (3d Cir. 1993) (“The standard for determining whether post-judgment interest should run from the original judgment is well established. . . .

United States v. Sawyer

878 F. Supp. 279 · District Court, D. Massachusetts · Feb 8, 1995

Do meals and “shared hospitality” qualify as “gifts” under M.G.L. c. 268B, § 6, M.G.L. c. 3, § 43 and House Rule 16A(12)? … Therefore, because there are situations that clearly violate Section 1346, it is not impermissibly vague in all of its applications.

Bertolino v. Sequium Asset Solutions, LLC

District Court, D. Massachusetts · Apr 18, 2023

Significantly, however, the Second Circuit qualified its ruling by holding that a debt collector will not be subject to liability under [the FDCPA] for failing to disclose that the consumer’s balance may increase … As the court in Weiss stated in response to a similar argument by the plaintiff in that case: Cortez did not establish a bright line rule that every settlement offer must come with an expiration date.

Mitchell v. US Airways, Inc.

858 F. Supp. 2d 137 · District Court, D. Massachusetts · May 1, 2012

Airways failed to meet its qualifying obligations under the tip credit, when the burden rests with U.S. Airways to make an affirmative showing that it was entitled to the credit. … Trans World Airlines, Inc., 160 F.3d 1259, 1266 (9th Cir.1998) (holding that "Congress did not intend to immunize the airlines from [personal injury] liability" and that " 'service' does not refer to the pushing of beverage

S.M. v. M.P.

Massachusetts Appeals Court · Jul 14, 2017

Because her findings are not clearly erroneous, we are bound by them, and we should be affirming her ruling on that ground. … The adoptive parents acknowledge that their effort to declare the agreement null and void is not immune from all judicial review.14 See Computer Sys. of America, Inc. v. Western Reserve Life Assur. Co., 19 Mass.

In Re Focus Enhancements, Inc. Securities Litigation

309 F. Supp. 2d 134 · District Court, D. Massachusetts · May 10, 2001

Defendants further argue that, because of his position, Van Putten is only qualified to make allegations about Focus marketing. … Such an allegation is clearly insufficient. See.

Union Leader Corp. v. Newspapers of New England, Inc.

180 F. Supp. 125 · District Court, D. Massachusetts · Jan 4, 1960

And they, being printers, were not par *133 ticularly qualified to act as distributors. … There is no evidence that the Association has sought to establish or could establish common practices with respect to price, production, circulation, advertising, or like operational matters. 34.

Mirabella v. Town of Lexington

District Court, D. Massachusetts · Feb 15, 2022

Plaintiff testified that he was told he did not get the job because MIT PD went with other more qualified applicants. [ECF No. 26-1 at 335]. … Under Section 10 of the MTCA, public employers are immune from liability for “any claim arising out of an intentional tort, including . . . interference with advantageous relations or interference with contractual relations

C&I Steel, LLC v. Peabody Construction Co.

22 Mass. L. Rptr. 402 · Massachusetts Superior Court · Feb 28, 2007

The statements that Peabody “will welcome a meeting” and that Continental is “urged” to “become involved” with C&I are not clearly and unequivocally a demand for performance. … Given the standards of the commercial marketplace, conduct does not qualify as unethical or unscrupulous “unless it attains a level of rascality that would raise an eyebrow of someone inured to the rough and tumble world

Smith-Pena v. Wells Fargo Bank, N.A. (In re Smith-Pena)

484 B.R. 512 · United States Bankruptcy Court, D. Massachusetts · Jan 2, 2013

Such a result is entirely inconsistent with the purpose of the MCCCDA. 209 Mass.Code Regs. 32 qualifies the rescission right of obligors (by requiring them to have encumbered their ownership interest in the property) and … Therefore, Regulation Z clearly affords the Debtor, as a mortgagor, a right to rescind the Transaction.

Commonwealth v. McGann

Massachusetts Supreme Judicial Court · Mar 17, 2020

Beatrice, 460 7 The defendant does not argue that the excited utterance exception be abandoned, "just that its application comport with due process." 8 "A statement qualifies as a spontaneous utterance if 'there … "We accept the judge's findings of fact unless clearly erroneous but independently apply constitutional principles to the facts found." 9 In Commonwealth v.

Lee v. Alves

District Court, D. Massachusetts · Sep 27, 2023

established Federal law, as determined by the Supreme Court of the United States,’ Williams v. … Accordingly, as for Ground One, Lees has failed to demonstrate that the SJC’s decision was contrary to, or involved an unreasonable application of, clearly established Federal law,

Haase v. James Galvin Electric Co.

8 Mass. L. Rptr. 1 · Massachusetts Superior Court · Jan 9, 1998

Clearly service was properly made in this case. … Attorneys fees as well as interest and costs, also claimed by Haase, do not qualify as damages. Accordingly, there was no occasion for Haase to move for assessment of damages.

MediaCom Corp. v. Rates Technology, Inc.

4 F. Supp. 2d 17 · District Court, D. Massachusetts · Apr 16, 1998

If, to the Court’s surprise, the parties utterly fail to agree upon the existence of any qualified advisers, they shall provide a detailed report as to why (since they are presumably conversant with this area of human endeavor … Rates’ "Cross-Motion for Summary Judgment on Claim Construction” illustrates the difficulty when the distinction between construction and infringement is not clearly maintained.

Corbin v. Kenneway

District Court, D. Massachusetts · Jan 8, 2021

cannot be either contrary to or an unreasonable application of clearly established federal law.”); see alsoWhite v. … The clearly established federal law governing ineffective assistance of counsel claims is the framework established in Strickland.

Planned Parenthood League of Massachusetts, Inc. v. Operation Rescue

406 Mass. 701 · Massachusetts Supreme Judicial Court · Feb 22, 1990

clear that any of the plaintiffs properly may be considered to be either a member of a class of women asserting interference with their right to abortion, which would be required under rule 23, or that any plaintiff would qualify … That definition clearly includes hindrance of access by other than physical means.

Sternklar v. Heritage Auction Galleries, Inc. (In Re Paul)

399 B.R. 81 · United States Bankruptcy Court, D. Massachusetts · Nov 4, 2008

Clearly our dispute isn’t with you. We have a great relationship, and I see no reason why it shouldn’t continue as such. Hopefully you will appreciate the reasons we are taking this action[.] … to present a conflict sufficient to override the presumption in favor of arbitration. 115 Courts applying the same approach to core matters, however, have reached “widely-divergent conclusions both with respect to what qualifies