Case law

Da Veiga v. Santander Bank

District Court, D. Massachusetts · Sep 21, 2023

On or about January 23, 2022, she was “notified by Unemployment that she didn’t qualify for payment.” Id. | 22. … A limited exception to this general rule exists when employment is terminated contrary to a clearly established public policy. See Murray, 821 F.3d at 89.

Boniface v. Viliena

District Court, D. Massachusetts · Sep 30, 2019

Mass. 1995) (“[F]ederal statutory law clearly creates the cause of action upon which [plaintiff’s] lawsuit is founded. … Although “many courts have determined that section 1331 is sufficient in and of itself to establish federal jurisdiction over TVPA claims,” Boniface, 338 F.

McCants v. Alves

District Court, D. Massachusetts · Oct 26, 2022

A state court decision involves “an unreasonable application of” clearly established federal law “if the state court identifies the correct governing legal rule from [the Supreme] Court’s cases but unreasonably applies … For purposes of habeas review, “[t]he Strickland standard qualifies as clearly established federal law.” Janosky v. St. Amand, 594 F.3d 39, 47 (1st Cir. 2010) (citing, inter alia, Ouber v.

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.

Gouin v. Gouin

249 F. Supp. 2d 62 · District Court, D. Massachusetts · Mar 11, 2003

Furthermore, it is well established that an abuse of process claim cannot be defeated merely because the initiator of the process had probable cause. … The threshold pleading requirements are clearly met. Gouin’s motion to dismiss Count V is without merit. 6.

American Medical Systems, Inc. v. Biolitec, Inc.

774 F. Supp. 2d 375 · District Court, D. Massachusetts · Mar 30, 2011

[because] it is well settled, anticipation cannot be established base [sic] on doubt or possibilities. (Dkt. No. 249, Ex. 1 at 3-5.) … Clearly, manufacturers are entitled to encourage consumers to use their product over others on the market.

Maldanado v. Cultural Care, Inc.

District Court, D. Massachusetts · Jul 28, 2021

“[W]here a party has given ‘clear answers to unambiguous questions’ in discovery, that party cannot ‘create a conflict and resist summary judgment with an affidavit that is clearly contradictory,’ unless there … Here, filing these affidavits after the close of class discovery suggests that the statements were made solely in an after-the-fact attempt to rehabilitate a failure to establish class standing. Cf. Orta-Castro v.

Commonwealth v. Wilson

381 Mass. 90 · Massachusetts Supreme Judicial Court · Jul 7, 1980

The judge went on to say that thus viewed, the defendants’ actions demanded sentences which clearly marked the type of conduct involved as “inexcusable.” … Donald testified under a grant of immunity, with the promise that he would be given a new identity. 6 Milan met Wilson in Michigan. As a result of Wilson’s aid, Milan was able to “kick” a heroin habit.

Commonwealth v. Benjamin

3 Mass. App. Ct. 604 · Massachusetts Appeals Court · Dec 19, 1975

However, that they did this only when the second person was a responsible individual and would qualify for the loan.” … Nothing that occurred at that meeting established Lawrence’s participation in a conspiracy.

Alves v. Siegel's Broadway Auto Parts, Inc.

710 F. Supp. 864 · District Court, D. Massachusetts · Mar 28, 1989

is a good consideration for an express promise”). 3 A second factor complicating the analysis under state law is that, despite the similarities between statutes of repose and statutes of limitation, Massachusetts courts clearly … Applying § 143, the Court would first inquire as to whether “the limitation provision was directed to the right ‘so specifically as to warrant saying that it qualified the right.’ ” Id. at § 143, comment c, (quoting Davis

Laliberte v. Commissioner of Social Security

District Court, D. Massachusetts · Mar 17, 2023

If “a finding [of non-severity] is not clearly established by medical evidence . . . adjudication must continue through the sequential evaluation process.” Teves v. McMahon, 472 F. Supp. 2d 82, 86 (D. … The Court therefore concludes that the medical evidence does not “clearly establish” a finding of non-severity, and that the ALJ therefore erred by not continuing the evaluation process past Step 2.

TRUEDYNAMIC, LLC, & Another v. TOP FLIGHT TECHNOLOGIES, INC. & Others.

Massachusetts Appeals Court · Jan 25, 2024

the 16 To the extent that Top Flight challenges the adequacy of the evidence of valuation, it failed to explain why the board of directors -- subjected as it was to a due diligence investigation by investors -- was not qualified … Ct. 338, 351 (2023) (damage award must stand unless "it was clearly excessive in relation to what the plaintiff's evidence ha[d] demonstrated damages to be" [quotations and citation omitted]).

United States v. Costilla-Alfano

726 F. Supp. 327 · District Court, D. Massachusetts · Nov 30, 1989

It is well established that customs officials may conduct routine searches at the border of the United States without reasonable suspicion, probable cause, or warrant. United States v. … Louis airport after a nonstop flight from Mexico City would clearly be the functional equivalent of a border search. Almeida-Sanchez v.

Felix v. Town of Kingston

District Court, D. Massachusetts · Jul 8, 2019

Indeed, the record shows that the Board clearly had already been contemplating the possibility of ending the plaintiff’s tenure months before she took FMLA leave, as evidenced by its … Second, the plaintiff contends that the defendants failed to provide her with a reasonable accommodation, but this claim is unavailing because the record clearly shows that the plaintiff never requested an accommodation

Rule v. Massachusetts Mutual Life Insurance

33 Mass. L. Rptr. 277 · Massachusetts Superior Court · May 8, 2015

To establish a breach of fiduciary duty, there must be a duty owed to the plaintiff by the defendant and injury to the plaintiff proximately caused by the breach. Estate of Moulton v. Puopolo, 467 Mass. 478, 492 (2014). … Plaintiff clearly does not. 4 But that disagreement does not a cause of action make. Rule also takes issue with the fact that the Board approved the amendment to the By-laws after a fifteen minute conference call.

Su v. F.W. Webb Company

District Court, D. Massachusetts · Jun 16, 2023

was not clearly erroneous); Figueroa v. Cactus Mexican Grill LLC, 575 F. Supp. 3d 208, 217-18 (D. … This would clearly establish a causal connection between the employees’ protected conduct and Defendant’s actions in response.

Martin v. Commonwealth

Massachusetts Supreme Judicial Court · May 22, 2023

In affirming the sentence, the Court indicated: "The Constitution does not require that sentencing should be a game in which a wrong move by the judge means immunity for the prisoner. . . . … Additionally, although a defendant has a right to appeal his or her sentence where it qualifies for review, G.

Symes Development & Permitting LLC v. Town of Concord

District Court, D. Massachusetts · Jan 10, 2022

Plaintiffs assert that the requirement is satisfied because the subject reservation period establishes an unconstitutional taking under the Fifth Amendment. … Courts, including the United States Supreme Court, have repeatedly “rejected the argument that government action must be permanent to qualify as a taking.”

Cunningham v. Lyft, Inc.

District Court, D. Massachusetts · May 22, 2020

All three criteria “must be established to rebut the presumption of employment.” … what services are performed by the worker, and establishing the “usual course of business of the employer.”

Geronimo v. Melrose-Wakefield Healthcare Corporation

District Court, D. Massachusetts · Jul 22, 2025

The letter continued that, “[a]s an alternative accommodation, you may apply for any open role for which you qualify and which may be performed 100% remotely.” Id. Geronimo never applied for a remote position. … The undisputed record establishes that the Hospital is a private, non-profit community healthcare provider owned by Tufts. ECF 35, ¶¶ 1, 10.