Case law

John G. Danielson, Inc. v. Winchester-Conant Properties, Inc.

186 F. Supp. 2d 1 · District Court, D. Massachusetts · Feb 27, 2002

Winchester-Willows wisely devote most of their time and paper to other arguments, given the low threshold of originality required to establish copyrightable work. … plans with permitting authorities nor distributing such plans to subcontractors for bidding purposes constitutes publication under the Copyright Act.”); 1 Nimmer & Nimmer, supra, § 4.10 (“Placing a work in a public file ... clearly

In Re Noyes

382 B.R. 561 · United States Bankruptcy Court, D. Massachusetts · Feb 19, 2008

Stated conversely, the issue presented is whether the Debtor has sustained her burden of establishing a defense to Tribeca’s claim, in effect, establishing entitlement to an injunction against the continuation of foreclosure … Although she clearly recalled that a closing occurred and that she signed many documents on the evening of December 22, 2005, she appeared not to remember, or to be completely unaware, that she had experienced financial problems

Reed v. Commissioner of Social Security

District Court, D. Massachusetts · Aug 21, 2020

However, clearly she was not able to do so in the months that followed the state agency consultants’ findings. … While the above position may be correct, we do not think that the ALJ was qualified to make an RFC assessment concerning the extent to which claimant's non-compliance with treatment was under her control and the

Sosa v. Massachusetts Department of Correction

District Court, D. Massachusetts · Aug 2, 2019

The Court is required to dismiss any claims that are frivolous or malicious, fail to state a claim upon which relief can be granted, or seek monetary relief from a defendant who is immune … Outlaw, 552 F.3d 673, 679 (8th Cir. 2009) (“[A] warden’s general responsibility for supervising a prison is insufficient to establish personal liability.”).2 Thus, to state a

Care and Protection of Edwina.

Massachusetts Appeals Court · Mar 8, 2024

The mother's witness, who was qualified as an expert in parenting assessments and trauma reactivity by the trial judge, was a social worker who completed a parenting evaluation of the mother. … Ct. 479, 486 (2003) ("We establish no per se rule or presumption concerning the length of time after which the accuracy of a judge's findings may be called into question.

Iron Workers District Council of New England Health and Welfare Fund v. Teva Pharmaceutical Industries Ltd.

District Court, D. Massachusetts · May 7, 2024

A party petitioning the government for redress is “generally immune from antitrust liability.” Prof’l Real Estate Investors, Inc. v. … That immunity extends to citizens or groups who petition the legislature, the executive, administrative agencies or the courts. Cali. Motor Transp. Co. v.

Povah v. Hansbury & Finn, Inc. (In Re Povah)

455 B.R. 328 · United States Bankruptcy Court, D. Massachusetts · Aug 22, 2011

Section 109(e) describes the parameters for a debtor to qualify as a debtor under Chapter 13. … For instance, if voiding or reducing the asserted security interest leaves nonexempt equity available for distribution to unsecured creditors the bankruptcy estate is clearly impacted.

City of Springfield v. Dreison Investments, Inc.

11 Mass. L. Rptr. 379 · Massachusetts Superior Court · Feb 25, 2000

The evidence clearly and convincingly establishes that the City acted in bad faith when it exercised the power of eminent domain to acquire title to the Northgate, Conefam, and Dreison parcels. … This would establish a fair market value.

Renkowicz v. Mici

District Court, D. Massachusetts · Feb 11, 2020

1915A authorize federal courts to dismiss a complaint sua sponte if the claims therein are frivolous or malicious, fail to state a claim on which relief can be granted, or seek monetary relief against a defendant who is immune … Put another way, the complaint must clearly identify the claims and relief Renkowicz seeks as to each defendant and provide sufficient factual bases for each of the elements of the claims that he asserts.

Woods v. Brimm

27 Mass. L. Rptr. 389 · Massachusetts Superior Court · Aug 2, 2010

Here, the Brimms fail to present evidence that the language or the circumstances surrounding the Knight Contract clearly and definitely intended to impart a benefit of a promised performance on them. … “It is settled that a license does not immunize the licensee from liability for negligence or nuisance which flows from the licensed activity.” Lummis, 385 Mass. at 47 . (Citations omitted.) In Backman v.

State Street Trust Co. v. United States

37 F. Supp. 846 · District Court, D. Massachusetts · Mar 11, 1941

Wood, a witness called on behalf of the plaintiff, having expressed his view, as did other witnesses qualified to express an opinion upon the subject, that the restricted Class “A” shares did not have a fair market value … Clearly enough, no reasonable person would undertake to pay as much for the restricted shares deliverable in a. year as for the unrestricted shares deliverable at once.

Slawsby v. Cifrino

16 Mass. L. Rptr. 405 · Massachusetts Superior Court · Jun 13, 2003

German is highly qualified and provided competent testimony on issues relating to the United States supermarket industry, including its history and evolution from shortly after WWII to the present. Prof. … There was, however, a clearly discernable difference in the mix of products at the Allston store from that at South Bay.

Saxena v. University of Massachusetts Medical School

District Court, D. Massachusetts · Sep 28, 2023

Therefore, he fails to establish the first element. As to the second element, Plaintiff must establish that he is a “qualified individual” within the meaning of the ADA. … Plaintiff has the burden to establish that he is a qualified individual. Joseph M. v. Becker College, 531 F. Supp. 3d 383, 396 (D.Mass. 2021).

Commonwealth v. Gallett

481 Mass. 662 · Massachusetts Supreme Judicial Court · Mar 20, 2019

The judge sustained the objection, concluding that she did not "think this witness [was] qualified to talk about the possible wounds that might be inflicted on knife wielders." … For evidentiary reasons, the judge found that Gallett was "clearly . . . prohibited from introducing any evidence about . . . Gallett's alleged reaction when . . .

Moura v. New Prime, Inc.

District Court, D. Massachusetts · Oct 9, 2018

However, the court qualified its support for the proximate cause standard: That being said, we are persuaded that strict adherence to a proximate cause standard in all circumstances is unnecessarily restrictive. … As to the third factor, the court in Cossart noted that the plaintiff “did significant work for [the defendants] in Massachusetts—as the defendants clearly foresaw he would.” Id. at 22. Again, the same is true here.

Commonwealth v. Winter

9 Mass. App. Ct. 512 · Massachusetts Appeals Court · Apr 7, 1980

The same day at about 2:30 p.m., Winter and Sperlinga visited Somerset, which places and services coin operated machines in clubs and other establishments with which it shares the proceeds. 7 There they spoke with Agostinelli … We there said: “Presently a statement is admissible if its utterance was spontaneous to a degree which reasonably negated premeditation or possible fabrication and if it tended to qualify, characterize and explain the underlying

Commonwealth v. Mark Barry.

Massachusetts Appeals Court · Mar 11, 2025

The red cap's testimony clearly indicates a command to stop.8 This conflicting grand jury testimony must be resolved by an evidentiary hearing. … Ct. at 785 (eliciting facts at evidentiary hearing to establish probable cause to stop defendant).12 b. Defendant's interrogation.

Big Top USA, Inc. v. Wittern Group

998 F. Supp. 30 · District Court, D. Massachusetts · Feb 6, 1998

The trade dress of Big Top Gumball, observed in composite, qualifies as arbitrary. Any one feature of Big Top Gumball, taken in isolation, is a shape or sound in common usage. … The small manufacturer’s plate placed on the base of Circus World does.not qualify as a “clearly displayed” designator of origin sufficient to dispel any confusion arising from the apparent similarity of trade dress.

Insulet Corporation v. EOFLOW CO., LTD.; EOFLOW, INC.; NEPHRIA BIO, INC.; and JESSE KIM

District Court, D. Massachusetts · Feb 5, 2026

Therefore, plaintiff clearly qualifies as a “prevailing party” under 18 U.S.C. § 1836(b)(3)(D). … The party seeking the award bears the burden of establishing both the time and rate components of the calculation, Hensley v.

Briggs

District Court, D. Massachusetts · Mar 30, 2026

It is well-established that “the First Amendment protects a public employee’s right, in certain circumstances, to speak as a citizen addressing matters of public concern.” Garcetti v. … Multiple courts have recognized that issues of public corruption or malfeasance by government employees readily qualify as issues of public concern. See Lane v.