Case law

Sterry Street Auto Sales Inc. v. Cummins Inc.

District Court, D. Massachusetts · Nov 23, 2020

To qualify for the program, engines must pass a full inspection performed by an authorized [defendant] deal or distributor . . . . … Plaintiff also clearly alleges that it suffered a loss of money or property, and that there was a causal connection between its loss and defendant’s actions.

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.

Jean Claude Hakuzimana v. Ivory Systems, Inc. and Bristol Myers Squibb

District Court, D. Massachusetts · Mar 31, 2026

The first two factors clearly support regarding BMS as a joint employer. … Ivory and BMS do not contest that Hakuzimana, a Black man of Rwandan descent, is a member of a protected class and that he was qualified for his job.

Blakeley v. Gorin

365 Mass. 590 · Massachusetts Supreme Judicial Court · Jul 12, 1974

Clearly there would be some effect on the property. There was testimony to support a finding that the effect would not be de minimis but would be substantial. … It seems clear that the arcade is not one of the "usual" permitted projections qualifying as an exception to the set-back restrictions and it would violate both of them.

Doyle v. FedEx Ground Package Systems, Inc.

District Court, D. Massachusetts · Jul 17, 2025

“While the First Circuit has not clearly circumscribed who bears what burden of proof to establish the factual predicate to the imposition of sanctions, other courts have held that the burden is on the Rule 11 movant, and … As discussed, however, what qualifies as reasonable pre-suit inquiry must be considered “under the totality of the circumstances.” Navarro- Ayala, 968 F.2d at 1425 (citing Bus. Guides, Inc., 498 U.S. at 551).

Ostrander v. Source One Financial Corp. (In re Mollison)

463 B.R. 169 · United States Bankruptcy Court, D. Massachusetts · Jan 6, 2012

The Supreme Judicial Court has clearly stated that “the exclusive method of perfecting a security interest in a motor vehicle is through notation of the lien on a valid certificate of title.” City of Boston v. … This Court does not read In re Houseal as establishing a “perfected security interest’’ requirement under § 362(h)(1).

Alliance to Protect Nantucket Sound, Inc. v. Department of Public Utilities

461 Mass. 166 · Massachusetts Supreme Judicial Court · Dec 28, 2011

In sum, our review of the record indicates that there was clearly sufficient evidence on which the department could base its conclusion that the special benefits of PPA-1 exceeded those of other renewable energy resources … The agency, body or authority shall then undertake negotiations with the second most qualified person”). NEPGA states that the department previously has construed G.

Spence v. Gormley

387 Mass. 258 · Massachusetts Supreme Judicial Court · Aug 26, 1982

Gormley contends that Mark’s presence at the scene of the firebombing does not establish his involvement. She also contends that flight is insufficient to support a finding of participation in the act. … The inclusion of acts by household members among the types of conduct singled out for expedited treatment clearly indicates that the Legislature viewed such acts as “cause” for termination. See Weston v.

Sarno Realty, Inc. v. Selective Insurance Company of the Southeast

District Court, D. Massachusetts · Mar 31, 2022

“While the insured bears the burden of establishing coverage, . . . the burden is on the insurer to establish the applicability of an exclusion.” Finn v. Nat’l Union Fire Ins. … Clearly such an order would qualify as an enforcement action.

Metris U.S.A., Inc. v. Faro Technologies, Inc.

768 F. Supp. 2d 338 · District Court, D. Massachusetts · May 4, 2011

.3d 1456, 1460 (Fed.Cir.1998)(“One who simply provides the inventor with well-known principles or explains the state of the art without ever having a ‘firm and definite idea’ of the claimed combination as a whole does not qualify … Crampton’s email and testimony clearly reveal that he knew that Faro’s collaboration was significant and that it should have been disclosed to the patent office.

Schonton v. MPA Granada Highlands LLC

District Court, D. Massachusetts · Apr 2, 2019

Mass. 2003) (noting that “forty individuals [are] generally found to establish numerosity”). … The Court finds Plaintiffs’ attempts to distinguish this case from Dukes and establish commonality to be unavailing.

Serabian v. SAP America, Inc.

District Court, D. Massachusetts · Feb 23, 2018

established public policy.” … Second, even under FLSA jurisprudence, Serabian’s pay complaints would qualify as protected activity.

Town of Randolph v. Town of Stoughton

7 Mass. L. Rptr. 73 · Massachusetts Superior Court · Jun 23, 1997

These documents contemplate the establishment of retail businesses, personal service establishments, banks, professional offices, hotels, and light industrial and research and development uses in the Center. … For a planning board, the determination whether a perimeter plan qualifies for an endorsement that approval under the subdivision control law is not required is a routine and ministerial exercise. Smalley v.

Richards v. Citicorp Mortgage, Inc. (Richards)

151 B.R. 8 · United States Bankruptcy Court, D. Massachusetts · Feb 19, 1993

In that case, the court stated: “[w]e hold that the arrearages do not qualify as a ‘secured claim’ subject to a section 506(a) cram down_” 967 F.2d at 928 . … This proposed treatment is clearly proscribed by the Court’s ruling today. 10 VI.

MeadWestvaco Corp. v. Worcester New Bond LLC

25 Mass. L. Rptr. 364 · Massachusetts Superior Court · Jan 6, 2009

Once the moving party establishes the absence of a triable issue, the party opposing the motion must respond with evidence of specific facts that establish the existence of a genuine issue of material fact. … It does not say “including but not limited to” those items, which would clearly signal that other items might be included as well, but it also does not explicitly identify the list as exhaustive, as the landlord’s subsequent

Ramos v. Kijakazi

District Court, D. Massachusetts · Sep 12, 2024

J.O. clearly does not qualify for this disability designation, because he is ten years old. … Even if he had qualified for the listing between the ages of two and three, his disability would have had to be re-ascribed to another, body-system listing upon his attainment of age three. See 20 C.F.R.

Dickerson v. Prudential Life Insurance Co. of America

574 F. Supp. 2d 239 · District Court, D. Massachusetts · Sep 2, 2008

She accordingly qualified as disabled. Id. 4 . The letter recited the definition of total disability, but it differed from the definition present in the group insurance contract in one respect. … Lotufo checked clearly is a subset of the more general statement that "[t]he employee WILL BE ABLE TO return to work,” Dr. Lotufo’s failure to check the first box appears to be merely an oversight.

In Re Whalen-Griffin

206 B.R. 277 · United States Bankruptcy Court, D. Massachusetts · Mar 14, 1997

In view of the pre-emptive power of Congress under its constitutional authority to establish uniform bankruptcy laws, the court determined that congressional approval of the use of state exemptions cannot be taken to extend … Approximately a year after the debtor acquired an interest in the condominium, the condominium qualified as a homestead. *283 Florida law excepted judicial liens that predated the time that the property became homestead property

Fernandes v. Criterion Child Enrichment, Inc.

District Court, D. Massachusetts · Sep 30, 2024

These statements clearly meet the requirements of Rule 803(4). … At the first step for both claims, the plaintiff must establish a prima facie case by demonstrating that she (1) was disabled within the meaning of the ADA, (2) was “nonetheless qualified to perform the essential functions

Commonwealth v. Tillson

Massachusetts Appeals Court · May 17, 2024

It may be established either by proving that the victim did not actually consent or that the victim did not have the capacity to consent.9 See St. … The defendant was properly advised of his Miranda rights, stated he understood them, and signed a waiver form that clearly set out those warnings.