Case law

Seino v. Goguen

District Court, D. Massachusetts · Sep 19, 2022

An adjudication will be contrary to clearly established law if the state court ‘applies a rule that contradicts the governing law set forth’ by the Supreme Court or ‘confronts a set of facts that are materially … The Court finds that the SJC’s decision was not contrary to clearly established Supreme Court precedent and therefore, federal habeas relief on this ground is denied.

Tasneem

District Court, D. Massachusetts · Mar 31, 2026

Dismissal is appropriate if the complaint fails to establish at least one “material element necessary to sustain recovery under some actionable legal theory.” N.R. by and through S.R. v. … The Form I-130 is not the same as a visa application and its approval does not confer any immigration benefit; rather, its purpose is solely to establish the underlying qualifying relationship that allows a non-citizen

Davis

District Court, D. Massachusetts · Nov 26, 2025

Shubrick is neither qualified for, nor good at, the job (e.g., Dkt. Nos. 85-8 at 15-22, 23-27; 85-9). That Ms. … While Plaintiff has not clearly articulated the precise basis of her hostile work environment claim, it appears that she complains that she was subjected to a hostile work environment because Ms.

McGinn v. Executive Office of Energy and Environmental Affairs

District Court, D. Massachusetts · Sep 30, 2020

For Plaintiff, as a public employee, to prevail on his § 1983 claim alleging a violation of his right to free speech under the First Amendment, he must establish: (1) that he spoke as a citizen on a matter of public concern … Accordingly, the court does not need to grapple with Beaton’s argument that he is protected under the doctrine of qualified immunity since that defense is only applicable to the § 1983 claim. b.

Magazu v. Department of Children and Families

473 Mass. 430 · Massachusetts Supreme Judicial Court · Jan 4, 2016

The department shall reimburse foster parents for each child placed in their home at rates that the department has established for the provision of foster care. See 110 Code Mass. Regs. … the reasons for the department's decision are readily apparent from the notice. 5 We note that foster parents are "temporary contract service providers with a defined set of rights and responsibilities that clearly

Commonwealth v. Martin

7 Mass. L. Rptr. 295 · Massachusetts Superior Court · Jun 30, 1997

They were all qualified in their field. The defendant’s experts, Brian E. Pape, PhD 3 and David Benjamin, PhD 4 were toxicologists: Richard Carleston, MD, 5 was qualified in the field of cardiology. … As such, it was clearly material. In People v.

Commonwealth v. McCarthy

Massachusetts Supreme Judicial Court · Apr 16, 2020

on cases where we have required police to introduce evidence of a written policy to justify warrantless inventory searches or to demonstrate "that sobriety checkpoints be governed by standard, neutral guidelines that clearly … While it conceivably could support tort litigation against government actors (subject, of course, to sovereign immunity constraints), it has no application to the criminal suppression context.

United States v. Sampson

335 F. Supp. 2d 166 · District Court, D. Massachusetts · Aug 26, 2004

Therefore, if it is established that, for whatever reason, Mr. … William Zane, indicated that he could use diagrams which would more clearly identify the wounds in question.

Allscripts Healthcare, LLC v. DR/Decision Resources, LLC

District Court, D. Massachusetts · Feb 22, 2021

Hogue has conceded was “a mistake, clearly.” … DRG rejoins that the restriction is qualified by the phrase “other than as permitted under this Agreement,” and insists that such language would be meaningless if it were not authorized

Allstate Insurance Company v. Fougere

District Court, D. Massachusetts · Sep 30, 2019

The spreadsheet information at issue here was clearly part of an electronic data file. … Customer lists are expressly recognized as being a type of compila- tion of information that can qualify as a trade secret. Id.

Dubuque v. Cumberland Farms, Inc.

93 Mass. App. Ct. 332 · Massachusetts Appeals Court · Jun 6, 2018

To qualify for the program, a store had to have had two or more car strikes, or be among the highest revenue generators. The Chicopee store satisfied neither criterion. … The timing of the stroke and its connection to the accident, however, were not firmly established.

Fleet National Bank v. Doorcrafters (In Re North Atlantic Millwork Corp.)

155 B.R. 271 · United States Bankruptcy Court, D. Massachusetts · May 26, 1993

Clearly, it was in the estate’s interests to resolve its involvement in the dispute. … Clearly, the answer is no. The purpose of section 363(m) is to protect purchasers.

Baird v. Bellotti

450 F. Supp. 997 · District Court, D. Massachusetts · May 2, 1978

It is hard to imagine how this could be stated more clearly. … The Massachusetts statute, section 12P (now § 12S), clearly satisfies this standard.

Berylson v. 1100 Architect, P.C.

District Court, D. Massachusetts · Jun 26, 2023

Additionally, defendants also point to the Town of Wellesley’s initial determination that 44 Highgate qualified as an historic property as the source of delay in issuing a demolition permit for the Project. … The contract between Carlson and the Berylsons for Carlson’s services as an Owner’s Representative clearly defines a principal-agent relationship. Muniz Aff. Ex. 14 [Dkt # 114-14].

Commonwealth v. Mahdi

388 Mass. 679 · Massachusetts Supreme Judicial Court · Apr 8, 1983

Upon inquiry by the trial judge, defense counsel stated that he considered himself qualified to handle a capital case. There was no further inquiry by the judge. … Even assuming arguendo that the questions of the district attorney were acceptable under the holding of Boyd , the references in the closing argument clearly went beyond the boundaries of proper summation.

Massachusetts ex rel. Low-Level Radioactive Waste Management Board v. O'Leary

925 F. Supp. 857 · District Court, D. Massachusetts · Mar 29, 1996

The Act established chronological milestones to ensure that each state or compact moved toward the goal of providing for the disposal of its own LLRW. … The September 1992 Federal Register notice did not address the issue of whether a contract for less than three years would qualify a State for full payment of the escrow funds.

In re Charles Street African Methodist Episcopal Church of Boston

578 B.R. 56 · United States Bankruptcy Court, D. Massachusetts · Dec 14, 2017

Jeffrey Kopa, whom I found and continue to find, all the more after hearing him testify, to be qualified to testify as an expert. … The proposed structure of the notes and mortgages was clearly intended to serve that purpose.

Piccirilli V. Town of Halifax

District Court, D. Massachusetts · Jul 19, 2021

Piccirilli maintains that he has faithfully carried out his duties, is fully qualified for the position, and has no history of employee discipline.2 [Compl. ¶¶ 37–39]. 2 Piccirilli submitted … Roth, the Supreme Court explained that: [t]o have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it.

McIntyre v. United States

447 F. Supp. 2d 54 · District Court, D. Massachusetts · Sep 5, 2006

The statute operates as a limited waiver of the sovereign immunity of the United States. Muniz-Rivera v. United States, 326 F.3d 8, 12 (1st Cir.2003). … (Connolly clearly did not follow his own advice when he kept Bulger and Flemmi as informants.)

Greenspan v. MasMarques

District Court, D. Massachusetts · Mar 25, 2024

The Complaints Board Defendants can remove posts on the website, and they created a function for users to report posts that are abusive or clearly false. Id. ¶¶ 159-60. … General advertisements on the website visible everywhere, however, are not sufficiently targeted to Massachusetts residents to qualify as commercial contact with the state. See Power v.