Case law

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.

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.

Johnston v. Mitchell

213 F. Supp. 3d 282 · District Court, D. Massachusetts · Oct 3, 2016

with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim— (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly … wjhere a state court’s decision is unaccompanied by an explanation, the habeas petitioner’s burden still must be met by showing there was no reasonable basis for the state court to deny relief a summary denial of a petition qualified

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.

Mintz v. Roman Catholic Bishop of Springfield

424 F. Supp. 2d 309 · District Court, D. Massachusetts · Mar 30, 2006

offense to the Establishment Clause.” … L. ch. 40A, § 17 is well established.

Garcia v. A. Boncher

District Court, D. Massachusetts · Jul 24, 2018

Garcia’s civil commitment clearly qualifies as “custody” under the meaning of § 2241. Cf. Duncan v. … Thus, the language used in his amended petition does not definitively establish the proper vehicle for his claim. Ultimately, I must look to the thrust of Mr.

Day v. Gracy

District Court, D. Massachusetts · Jul 20, 2018

The Gracys contend that the non-profit theater was not a business, and that “the mere borrowing of money by a non-profit corporation . . . does not constitute ‘trade’ or ‘commerce’ sufficient to establish a claim under … However, the complaint clearly alleges more than just a breach of contract. Indeed, Count 1, which the Gracys do not seek to dismiss for failure to state a claim, is for fraud.

Celano v. Fulcrum Therapeutics, Inc.

District Court, D. Massachusetts · Mar 27, 2025

Other statements, if not outright puffery, are forward-looking statements immunized by the PSLRA’s safe harbor provision. See 15 U.S.C. § 78u-5. … Mass. 2004), on which Plaintiff attempts to rely to establish scienter. See Opposition at 18 [Doc. No. 38].

Evans v. Lorillard Tobacco Co.

22 Mass. L. Rptr. 91 · Massachusetts Superior Court · Feb 7, 2007

Matters of common knowledge or observation within the community may be judicially noticed because they so qualify.” Nantucket v. Beinecke, 379 Mass. 345, 352 (1979). … Lorillard seeks to dismiss this claim because the Plaintiff cannot establish the essential elements of the claim.

Jarvis v. Rogers

15 Mass. 389 · Massachusetts Supreme Judicial Court · Mar 15, 1819

For it is clearly settled in all the books, mat a factor has no right to pledge the property of his principal; nor can such tortious pledging preclude the principal from recovening >_ of the pawnee, without any tender of … This has been settled in the former action between the plaintiff and Rogers, and is conformable to principles established in various decisions.

Sunergy Solutions LLC v. Underriner

District Court, D. Massachusetts · Mar 25, 2025

These facts clearly satisfy the basic elements for wire fraud. … Sunergy’s allegations would qualify its business leads as trade secrets.

Burm v. Johnson (In re Burm)

554 B.R. 5 · United States Bankruptcy Court, D. Massachusetts · Jul 12, 2016

The party objecting to a claim bears the initial burden of producing evidence to establish grounds for disallowance. Juniper Dev. Grp. v. Kahn (In re Hemingway Transp., Inc.), 993 F.2d 915, 925 (1st Cir.1993). … Instead, she is *13 clearly seeking a determination that the notes and mortgages are void or unenforceable. .

Commonwealth v. Sullivan

82 Mass. App. Ct. 293 · Massachusetts Appeals Court · Jul 30, 2012

The cases have long established that nudity, without more, does not establish “lewdness” or “lasciviousness.” 9 See, e.g., Provost, supra; Bean, supra at 715 n.17; United States v. *314 Arvin, 900 F.2d 1385, 1391 (9th Cir … These six categories establish fairly bright-line rules.

LAWRENCE BUCCI & Another v. LINDSEY CAMPBELL & Another.

Massachusetts Appeals Court · Feb 24, 2025

Nonetheless, the judge's findings clearly demonstrated that he agreed with jury's verdict. … judge's findings that the Campbells' conduct was "a bit sleazy," and that they hoped to save money by sneaking an "extremely weak" (albeit "nonfrivolous") claim past the Buccis, was sufficiently "extreme or egregious" to qualify

Dooley v. Liberty Mutual Insurance

307 F. Supp. 2d 234 · District Court, D. Massachusetts · Feb 26, 2004

The partial summary judgment is merely a pretrial adjudication that certain issues shall be deemed established for the trial of the case.”). 2. … By enacting the Portal-to-Portal Act, Congress manifested an intent to immunize employers from liability for ordinary commutes. See Reich, 45 F.3d at 651.

Lotus Development Corp. v. Borland International, Inc.

831 F. Supp. 223 · District Court, D. Massachusetts · Aug 19, 1993

. ■ This is demonstrated most clearly when one steps through macros in the Borland macro debugger. … First, under Borland’s proposed interpretation, the qualification to the admission does not qualify the scope of the admission.

Woolf v. United States

210 F. Supp. 3d 258 · District Court, D. Massachusetts · Sep 28, 2016

The evidence presented at trial did not establish that Nogueira acted recklessly in throwing the baseball to third base during play in the game. … Because of his lifelong risk of seizures, need to avoid future head injuries, and numbness in his left hand, he will likely not qualify for work in the higher paying trades at that education level.

Haywood v. Fitchburg Public Schools

District Court, D. Massachusetts · Sep 25, 2025

courts across the country are divided on whether hairstyle constitutes expressive conduct, and in the absence of any new precedent from the First Circuit or this Court, we adhere to the holding that a hairstyle does not qualify … school “knew of the harassment”; (4) the harassment occurred “in [the school’s] programs and activities”; and (5) the school “was deliberately indifferent to the harassment such that its response (or lack thereof) is clearly

Cell Genesys, Inc. v. Applied Research Systems ARS Holding, N.V.

499 F. Supp. 2d 59 · District Court, D. Massachusetts · Aug 13, 2007

It states, in pertinent part: When any claim of an application ... is rejected, the inventor of the subject matter of the rejected claim ... or the party qualified under §§ 1.42, 1.43, or 1.47, may submit an appropriate oath … See 28 U.S.C. § 2201 , and by establishing a single court of appeals to decide patent cases. See In re: Columbia University Patent Litigation, 330 F.Supp.2d at 17 .

In Re Chicago Investments, LLC

470 B.R. 32 · United States Bankruptcy Court, D. Massachusetts · Apr 24, 2012

In any event, the Debtors assert that the franchise agreements only require the franchisee to designate a Managing Owner and that the Franchisor is clearly misstating the franchise agreements by requiring the designation … The Debtors maintain that they provided substantial expert testimony establishing the feasibility of the Fourth Amended Plan.