Case law

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

Devine v. Saul

District Court, D. Massachusetts · Sep 12, 2022

Step 2 requires that the ALJ determine whether an impairment is “severe” before considering whether it qualifies under a defined listing. … Accordingly, the ALJ did not clearly err in discounting Dr. Marvasti’s opinions as to Devine’s restrictions on lifting/carrying, standing/walking, and sitting.

Levesque v. Schroder Investment Management North America Inc.

District Court, D. Massachusetts · Mar 27, 2019

Under the 2013 Plan, employees qualified for two kinds of incentive-based compensation schemes: quantitative and qualitative. … While neither party raises this material fact, the 2013 Plan clearly states that “[t]he Plan shall be governed by New York law”.

Cagle v. Estes

District Court, D. Massachusetts · Mar 31, 2021

"In many [§ 1983] cases, the complaint will not clearly specify whether officials are sued personally, in their official capacity, or both." Kentucky v. Graham, 473 U.S. 159, 167 n.14 (1985). … "[T]he MCAD complaint and potential investigation establish the scope of any subsequent filing in the Superior Court." Pelletier, 939 N.E.2d at 727.

Kuc v. Smith & Nephew, Inc.

District Court, D. Massachusetts · Feb 14, 2022

Massachusetts courts, therefore, follow the “continuing violation doctrine,” which allows a plaintiff to establish a timely hostile work environment claim so long as she can establish (1) that she was forced to work in … Perhaps more importantly, she has put forth no evidence that she is a “qualified handicapped person.”

Commonwealth v. Dominico

1 Mass. App. Ct. 693 · Massachusetts Appeals Court · Jan 31, 1974

As long as the right was clearly asserted, it is not necessary to probe defense counsel’s purpose in demanding a speedy trial. … This comports with the trend in other jurisdictions that cross-examination as to promises of leniency or immunity is a matter of right. Cash v. Culver, 358 U. S. 633, 637-638 (1959). Patriarca v.

Advocates for Transportation Alternatives, Inc. v. U.S. Army Corps of Engineers

453 F. Supp. 2d 289 · District Court, D. Massachusetts · Sep 29, 2006

Second, the Record establishes that the Corps took a hard look at most of the identified environmental concerns. See id. … Moreover, if a dredge or fill permit application does not concern a water-dependent project, the Corps assumes that practicable alternatives exist unless the applicant “clearly demonstrated otherwise.”

Irish-American Gay, Lesbian & Bisexual Group v. City of Boston

1 Mass. L. Rptr. 370 · Massachusetts Superior Court · Dec 15, 1993

In any event, I do not reach those issues because the statute, M.G.L.c. 272, §§92, 98A, clearly applies here. … It must be emphasized that this finding in no way immunizes the City against a different result should it undertake (or resume) greater participation in the Parade.

Cytyc Corp. v. TriPath Imaging, Inc.

505 F. Supp. 2d 199 · District Court, D. Massachusetts · Aug 23, 2007

The parties dispute whether the CDS-1000 qualifies as prior art. … Thus, there is a genuine dispute of fact as to whether the Krief Thesis qualifies as prior art. 3.

Markham v. Fay

884 F. Supp. 594 · District Court, D. Massachusetts · Mar 22, 1995

Boose responded in the negative because she was not financially qualified to buy them. (TR274) Approximately one month or so thereafter, in August of 1978, Ms. Boose left the employ of the nursing homes. (TR2-73-74) 42. … This ghost was clearly and unequivocally put to rest in Judge Zobel’s Memorandum of Decision on summary judgment, to wit: If the United States can prove that the corporate and trust defendants were the alter egos of Claire

MacNeill Engineering Co., Inc. v. Trisport, Ltd.

126 F. Supp. 2d 51 · District Court, D. Massachusetts · Jan 10, 2001

Thus, there is no separate structure that qualifies as a “ring.” … With respect, the hierarchy established in Vitronics Corp. v.

United States v. Salemme

164 F. Supp. 2d 86 · District Court, D. Massachusetts · Mar 30, 1998

“The test in [the First Circuit] for determining whether a judge’s impartiality might reasonably be questioned is long established.” Id. … As the document clearly reflects, in footnote 5 of the Government's Submission Regarding Recusal the prosecutors mischaracterize the March 10, 1982 memorandum that I wrote to the "Files.”

Leung v. Bluebird Bio, Inc.

District Court, D. Massachusetts · Apr 21, 2022

(stating that “[t]he presumption, I guess, would be that the healthy donor cells . . . clearly don’t allow us to be able to check the actual resulting potency of the drug product” and “I want to presume that they [i.e., … b) Safe Harbor The PSLRA’s “safe harbor” provisions further immunize Defendants’ statements.

Commonwealth v. Vasquez

462 Mass. 827 · Massachusetts Supreme Judicial Court · Jul 17, 2012

Clearly, if the prosecutor had requested time to conduct the CORI checks, an accommodation would have been required. See id. … In Richardson, supra at 207 , the Court noted that Bruton established a “narrow exception” to the presumption that jurors follow instructions.

Melcher v. Lowe's Home Centers, LLC

District Court, D. Massachusetts · Aug 3, 2022

Here, “[t]he cited disparity between the declaration and deposition testimony is not such that the Court must regard it as ‘clearly contradictory.’” Mantha v. … Not only is there nothing in the record establishing that this “understanding,” which the Store Manager phrased as a question, was correct, but also, even if it was correct at the time, it does not establish that Mahaffey

Soni v. Wespiser

District Court, D. Massachusetts · Aug 19, 2019

Defendants, however, do nothing to explain how the facts of this case establish the privilege. … Ct. 1984) (“The burden is upon the defendants to show facts which create the qualified privilege.

Louissaint v. McDonough

District Court, D. Massachusetts · Aug 20, 2025

The claim based on a hostile work environment is clearly inadequate. … complaint is clearly protected conduct. According to the complaint, plaintiff initiated that process on July 9, 2018.

Commonwealth v. Buckley

478 Mass. 861 · Massachusetts Supreme Judicial Court · Feb 14, 2018

See, e.g., Benoit, supra at 219 ("The record clearly reveals that the only purpose for the entry into this suitcase . . . was to seize evidence. … See Carbado, From Stopping Black Massachusetts is not immune from traffic stop violence.

Aquino v. Pacesetter Adjustment Co.

416 F. Supp. 2d 181 · District Court, D. Massachusetts · Nov 7, 2005

To the contrary, Pearson immediately qualified his statement by adding that he would “look[ ] into” the question of whether March Taxi carried excess insurance, thus making it clear to Keenan that he had no personal knowledge … Aquino’s request for production of documents, served January 18, 2002, clearly called for the production of the declaration pages for both the Ace primary policy and the General Star excess policy.

In re Spenlinhauer

573 B.R. 343 · United States Bankruptcy Court, D. Massachusetts · Sep 8, 2017

Exhibit C [the IRS’s issuance of an EIN number for Georgia Spenlinhauer’s estate] clearly states that Form 1041 was due on April 15, 2006. Since Mr. … In view of this expansive definition of the term "claim,” we have no difficulty characterizing the gift taxes as a disputed right to payment, thus qualifying as a “debt” that can be excepted from discharge under § 523.