Case law

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.

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.

Nassar v. Ruze

District Court, D. Massachusetts · Mar 21, 2018

immunity. … Plaintiff has, at best, “merely established that he was denied his preferred course of treatment,” which is insufficient to state a claim for retaliation. Niemic, 89 F. Supp. 3d at 211.

In re Application for Admission to the Bar of the Commonwealth

444 Mass. 393 · Massachusetts Supreme Judicial Court · Jun 1, 2005

When the petitioner failed to submit them, the board reported the petitioner as not qualified. … Although the judge clearly stated six times that he later would allow the petitioner to state his views, the petitioner kept insisting that he be heard.

Commonwealth v. Francisco Nunez Severino.

Massachusetts Appeals Court · Oct 15, 2025

The gun is clearly visible in the surveillance video. As Doe entered the building, the SUV drove away. … "[M]ere presence in proximity to the contraband is not sufficient to establish constructive possession.

Commonwealth v. Brown

449 Mass. 747 · Massachusetts Supreme Judicial Court · Aug 29, 2007

California, 505 U.S. 437, 439 (1992) (“It is well established that the Due Process Clause of the Fourteenth Amendment prohibits the criminal prosecution of a defendant who is not competent to stand trial”). … physicians or one or more qualified psychologists.”

Connolly v. Woburn Public Schools

District Court, D. Massachusetts · Mar 2, 2023

Some of the allegations in the complaint clearly reflect mere disagreements about plaintiff’s work performance, or the content of student IEPs. Murray v. … Alvarez, Inc., 13 Count Five, the claim for IIED, will be dismissed for other reasons, but it is clearly not time-barred.

Patriot Grp. v. Fustolo (In re Fustolo)

597 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · Feb 4, 2019

Second, he argues that the bankruptcy court's finding that Childrens Dental's assets had some value was clearly erroneous. … Both are well qualified professionals. Their reports, however, are both flawed.

Dujon v. Williams

5 Mass. L. Rptr. 456 · Massachusetts Superior Court · Jun 26, 1996

The facts established here place this case firmly in the first category of cases described in the just-quoted passage. … Here, factors that without more would be neutral— common ownership, pervasive control — were clearly established, and they were joined by factors that point more directly to injurious conduct: confused intermingling of assets

Wu v. Ma

District Court, D. Massachusetts · Sep 28, 2023

While “[u]niversities are clearly not bystanders or strangers in regards to their students,” they also “are not responsible for monitoring and controlling all aspects of their students’ lives.” Nguyen v. Mass. … “A breach of contract is established if the facts show that the university has ‘failed to meet [the student’s] reasonable expectations.’” Walker v.

BERGUS v. FLORIAN

District Court, D. Massachusetts · Oct 19, 2023

LAWS ch. 110A, § 410(a)(2), contains no such qualifier. … Bergus, I only award costs for those expenses that clearly were necessary.

In re Volkswagen & Audi Warranty Extension Litigation

89 F. Supp. 3d 155 · District Court, D. Massachusetts · Feb 10, 2015

as a ‘prevailing party’ in order to qualify for an award of [appellate] attorney’s fees.”). … Ruschel’s time records and Class Counsel’s comments, however, do not clearly delineate between Ruschel’s Ohio-and multidistrict class action-specific work. 2 The Court’s best estimation, after closely reviewing the records

Canales

District Court, D. Massachusetts · Mar 30, 2026

Port Auth., 89 N.E.3d 460, 463 (Mass. 2018), “may qualify as wages, sheltered by the Wage Act, in certain circumstances,” Klauber v. … The sham affidavit rule, however, applies only when the party opposing summary judgment provides an affidavit that clearly contradicts prior testimony. See Colantuoni v.

Parexel International LLC v. Signant Health Holding Corp.

District Court, D. Massachusetts · Apr 13, 2023

This does not establish Ceballos was induced to leave his position at Parexel as a result of the recommendation. … Sept. 2, 2021) (“Employers . . . clearly have a legitimate business interest in preserving the talent and goodwill of their employees, which includes keeping current employees and ensuring they are not influenced to leave

Deptula v. City of Worcester

District Court, D. Massachusetts · Apr 6, 2020

In the alternative, the Defendants argues that they are entitled to qualified immunity on these claims. 14 … Count VI: whether Deptula has established a Claim for Conspiracy against the Sgt.

In Re: In the Matter of Ryan Denver as Owner of M/V Make it Go Away, for Exoneration From or Limitation Liability

District Court, D. Massachusetts · Mar 12, 2024

[LOLA] clearly provides that it applies purely to vessel owners, . . . and it is well settled that a court should follow the plain language of an unambiguous statute.”). … attempt to seek “protection solely as a vessel owner[] fail[ed] because the event as pled occurred with [the owner’s] privity and knowledge as captain of the vessel,” and also that the owner and captain could “not receive immunity

Commonwealth v. Arana

453 Mass. 214 · Massachusetts Supreme Judicial Court · Feb 13, 2009

Jack testified that Betty was “clearly upset,” “crying,” “shook up,” and “distraught.” He testified that during their walk, Betty asked him whether it was rape if someone digitally and orally “pleasured her.” … Fidler, 377 Mass. 192, 196 (1979) (juror testimony may be taken to establish existence of improper influence, but not role of improper influence on jury’s decision). Cf. also Commonwealth v.

Lima v. Middlesex Sheriff's Office

District Court, D. Massachusetts · Feb 19, 2020

does not require repeated conduct to establish an actionable claim.” Tobin, 553 F.3d at 130. … Unobstructed breathing clearly qualifies as a major life activity.