Case law

Bigda v. City of Springfield

District Court, D. Massachusetts · Apr 29, 2024

Among the provisions in this legislation, Chapter 6E established the Massachusetts Peace Officer Standards and Training Commission (“P.O.S.T. … L. ch. 6E, § 2 (establishing the composition of the Commission); Mass. Gen.

Commercial Union Insurance v. Seven Provinces Insurance

9 F. Supp. 2d 49 · District Court, D. Massachusetts · Jun 15, 1998

However, Seven Provinces’ obligation was not unconditional; it was qualified by a “net retention” provision. … The “% of reinsurance” column has some information scratched out, but “50% of 450” is clearly legible.

In re Freeman

520 B.R. 341 · United States Bankruptcy Court, D. Massachusetts · Oct 27, 2014

Both attorneys are well-qualified to provide expert testimony on the subject of interests in real estate. … Freeman wanted to establish a safety-net for Valerie.

KPM Analytics North America Corporation v. Blue Sun Scientific, LLC

District Court, D. Massachusetts · Jul 15, 2021

Defend Trade Secrets Act (Count I) and Misappropriation of Trade Secrets (Count II) To establish a claim for misappropriation of trade secrets, a plaintiff must show that: (1) the information at issue qualifies as a … Defend Trade Secrets Act (Count I) and Misappropriation of Trade Secrets (Count II) To establish a claim for misappropriation of trade secrets, a plaintiff must show that: (1) the information at issue qualifies as a

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.

In re Erving Industries, Inc.

432 B.R. 354 · United States Bankruptcy Court, D. Massachusetts · Apr 7, 2010

And electricity is clearly identifiable, because it is measured by the meter upon delivery. … As a result, it is necessary to clearly specify the kind of resources included in either definition and to establish how environmental claims are verified. Reserve Margin. See Generating Reserve.

Commonwealth v. Durand

475 Mass. 657 · Massachusetts Supreme Judicial Court · Oct 7, 2016

However, assuming, arguendo, that the interviews were custodial, the defendant did not clearly invoke his right to silence after waiving his Miranda rights at each interview.3 The defendant's statements, such as "I … Goldberg was a qualified expert who could testify based on her experience and review of relevant scientific literature regarding childhood traumatic injury. He ordered Dr.

Hunt v. Covidien LP

District Court, D. Massachusetts · May 28, 2024

First, the witness must be shown to be sufficiently qualified by “knowledge, skill, experience, training, or education.” Fed. R. Evid. 702. … Laura Plunkett, Ex. 2 (Dkt. # 121-2) (IFU states clearly that “overly thick or thin tissue may result in unacceptable staple formation”).

Linhares v. Woods Hole, Martha's Vineyard and Nantucket Steamship Authority

District Court, D. Massachusetts · Dec 16, 2022

“The doctrine creates a form of qualified immunity from discovery for such materials, but does not label them ‘privileged’ and, thus, outside the scope of discovery under Rule 26(b)(1).” … [and] [t]he depositions of these individuals [are] necessary to establish whether or not this defense is factually accurate.” Id.

Metzler Asset Management GmbH v. Kingsley

District Court, D. Massachusetts · Mar 27, 2018

He stated that Tecfidera had some immune-suppressive properties and that after the PML death, the drug was considered an immune-suppressive agent. … “There is no set pattern of facts that will establish scienter; it is a case- by-case inquiry.” ACA Fin., 512 F.3d at 66.

United States Securities and Exchange Commission v. Muraca

District Court, D. Massachusetts · Dec 5, 2019

And Albers clearly states that his declaration is “based upon [his] personal knowledge, information and belief, except where indicated.” Second, Fed. R. … He undoubtedly qualified as an “officer” and “employee” of the two LLCs.

Geer v. Federal Highway Administration

975 F. Supp. 47 · District Court, D. Massachusetts · Aug 4, 1997

The subsection, although it does not expressly state that efforts to minimize harm must be feasible and prudent, “clearly implies” that feasibility and prudence are factors. … In all projects, budgets must be established.

Smith v. Grondolsky

District Court, D. Massachusetts · Mar 14, 2018

However, this is clearly incorrect. … That argument, however, does not establish that he is entitled to the extraordinary relief he is seeking here.

Biliouris v. Biliouris

67 Mass. App. Ct. 149 · Massachusetts Appeals Court · Aug 17, 2006

per week as child support and directed the husband to maintain his existing medical insurance for the benefit of the wife, the children of the marriage, and the wife’s children from her first marriage for so long as they qualify … title) if the judge had made more detailed findings on the question, the judge’s implicit finding with respect to the West Barn-stable land is consistent with the parties’ antenuptial agreement and cannot be said to be clearly

Mackey v. Piccolo

District Court, D. Massachusetts · Jan 7, 2020

immunity issues and identical, internal TPD policies. … This court has considered these statements in adjudicating the summary judgment motion (Docket Entry # 74), including defendants’ entitlement to qualified immunity.

DeGiacomo v. Raymond C. Green, Inc. (In re Inofin Inc.)

512 B.R. 19 · United States Bankruptcy Court, D. Massachusetts · Jun 12, 2014

Laws ch. 106, § 9 -20S(b)(3)(A), the decision in Clearly Canadian Beverage Corp. v. … These agreements qualify as instruments and hence also are included among the chattel paper in this case.

Benevolent & Protective Order of Elks, Lodge No. 65 v. Planning Board

403 Mass. 531 · Massachusetts Supreme Judicial Court · Dec 13, 1988

We have recognized that “[t]he private rights most clearly affected by proceedings under § 48 are those of owners and tenants of land in the project area.” Reid v. … Noncompliance with these regulations, the plaintiffs contend, establishes arbitrary and capricious action as a matter of law. This argument has no merit.

NEW MING INC. v. ZHUANG

District Court, D. Massachusetts · Nov 23, 2022

In context, New Ming alleges only that Zhuang was a businessman, and businessmen are not categorically immune from suit under Massachusetts law. 7 Even if plaintiff did style its complaint … The complaint clearly alleges, at the very least, that Zhuang “personally participate[d]” in the alleged bad acts, which is enough to keep the case against him alive on a motion to dismiss.

Shepperson v. Metropolitan Property and Casualty Insurance Company

District Court, D. Massachusetts · May 22, 2018

I conclude the exclusion, while clearly expressed, appears prohibited in this circumstance by § 99. Accordingly, Ms. … The record before me establishes as a matter of law that Ms. Shepperson is an innocent insured.

Dunaway v. Fresenius USA, Inc.

District Court, D. Massachusetts · Sep 7, 2023

specific causation by virtue of the fact that none of them qualifies under the general causation theory. … Furthermore, as is well-established under Massachusetts law, “expert testimony is required to establish medical causation