Case law

Foxboro Co. v. Arabian American Oil Co.

634 F. Supp. 1226 · District Court, D. Massachusetts · Apr 30, 1986

I note that the evidence clearly indicates that Samba made a $2,526,550 payment to Aramco on or about February 22, 1986. … Even if actions were taken by Aramco and Samba without notice of the Temporary Restraining Order, Foxboro has nevertheless established a probability of success on its claims that they were wrongful as against Foxboro and

Jarvis v. Speedway LLC

District Court, D. Massachusetts · Dec 28, 2017

But unlike “clearly visible . . . . concentric grooves [] surround[ing]” a gas pump, Potvin, 2017 WL 3971096, at *6, or the danger of “div[ing] headfirst into the shallow end of the defendants’ swimming pool,” O’Sullivan … Because Plaintiffs do not assert any agency theory of liability, Johnson’s employer is only relevant to establish that he was a business invitee at the gas station the day he was injured, which is undisputed.

Lincoln-Sudbury Regional School District v. Mr. and Mrs. W.

District Court, D. Massachusetts · Jan 25, 2018

Department of Education have enumerated certain qualifying disabilities. … Proof of such a violation first requires establishing that the child was “handicapped” within the meaning of the Act. See generally 34 C.F.R. 104.3.

Shaw v. Boston & Worcester Railroad

74 Mass. 45 · Massachusetts Supreme Judicial Court · Mar 15, 1857

But the second point more directly affects the real controversy—the variance which this evidence would show between *72 the case which the plaintiff would claim to establish by it, and that made in her declaration, and stated … This verdict is clearly excessive, immoderate, intemperate, and uould not have been determined by a reasonable and dispassion *83 ate application of correct legal principles. This appears by the following tests: (1.)

Klauber v. VMware, Inc.

District Court, D. Massachusetts · Apr 20, 2022

Cello Holdings, L.L.C., 347 F.3d 370, 384 (2d Cir. 2003) (“Where the facts that have accumulated after the first action are enough on their own to sustain the second action, the new facts clearly 2. … Klauber is again referring to the settlement agreement to establish that the current claim at issue has already been decided—that is, that VMware’s contracts are unenforceable under Massachusetts law.

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.

Mekonnen v. OTG Management, LLC

District Court, D. Massachusetts · Jul 25, 2019

Mekonnen’s condition “does not clearly fall outside the range of disability under the ADAAA” and because “‘the threshold issue of whether an impairment ‘substantially limits’ a major … To establish a prima facie case of retaliation under the ADA, Title VII, and 151B, Ms.

Commonwealth v. Edwards

444 Mass. 526 · Massachusetts Supreme Judicial Court · Jul 1, 2005

Although granted immunity, after the appropriate hearing, Crockett persisted in his refusal to testify at the defendants’ scheduled trial and, on April 12, 2004, was found in contempt of court in violation of G. … Mello, 420 Mass. 375 , 381 n.8 (1995) (on review of motion to suppress, “we do not disturb the judge’s findings of fact unless they are clearly erroneous”).

Felix G. Arroyo v. City of Boston

District Court, D. Massachusetts · Jun 8, 2021

established public policy. … Mass. 2002) (noting that the “MCRA claim against Defendant in his capacity as mayor is clearly a claim against the city”) (internal quotation marks omitted)).

Wadlington v. Mitchell

District Court, D. Massachusetts · Jan 29, 2019

“Clearly established federal law” for the purposes of § 2254(d) “refers to the holdings, as opposed to the dicta, of [the Supreme Court’s] decisions as of the time of the relevant state-court decision.” Yarborough v. … State court decisions involve an “unreasonable application” of clearly established federal law if they “correctly identif[y] the governing legal rule but appl[y] it unreasonably to the facts of a particular

Lee v. Howard Hughes Medical Institute

District Court, D. Massachusetts · Jun 9, 2022

Lee contends that she was qualified for renewal as an Investigator. … Lee submits that, taken together, such evidence establishes that she fell within the group of qualified candidates for renewal as an Investigator.

Quinn v. Rent Control Board

45 Mass. App. Ct. 357 · Massachusetts Appeals Court · Aug 27, 1998

Further, the Commonwealth suggests that an “attempt to evade” the local discontinuance process should not qualify as a good faith discontinuance. … Although a similarity in standards under the ‘takings’ clauses of the two Constitutions has not been as clearly established, the [owners] have advanced no reason why we should create takings principles more favorable to them

South Boston Allied War Veterans Council v. City of Boston

875 F. Supp. 891 · District Court, D. Massachusetts · Jan 17, 1995

The pendency of the Veterans’ petition for certiorari does not qualify this conclusion. See Taunton Gardens Co. v. … Accordingly, the Veterans have now established that the 1995 Parade will involve the exercise of their First Amendment rights to associate for expressive purposes and to free speech. See Clark v.

Dougovito v. First Trade Union Bank

26 Mass. L. Rptr. 71 · Massachusetts Superior Court · Aug 5, 2009

The 1995 SERP was established as an incentive for its five beneficiaries to remain at the Bank for a period of time. … The Bank’s conduct clearly had the effect of injuring plaintiffs rights to his SERP benefit, and violated his reasonable expectations.

McLeod v. The Fessenden School

District Court, D. Massachusetts · Aug 31, 2022

The Court has considerable doubts as to whether the TVPA—which is a criminal statute that also provides civil penalties—should be interpreted broadly to encompass conduct that is not clearly prohibited by its text. … In the present case, forcing one to perform oral sex or engage in other sexual acts would presumably qualify as “threats, intimidation, or coercion.”

Brown v. The Wheatleigh Corporation

District Court, D. Massachusetts · Sep 8, 2021

“A ‘fraud on the court’ occurs where it can be demonstrated, clearly and convincingly, that a party has sentiently set in motion some unconscionable scheme calculated to interfere with the judicial system’s ability impartially … The employer bears the burden of establishing an exemption. Reich v. Newspapers of New England, Inc., 44 F.3d 1060, 1070 (1st Cir. 1995).

Massachusetts Laborers' Health & Welfare Fund v. Boehringer Ingelheim Pharmaceuticals, Inc.

District Court, D. Massachusetts · Mar 27, 2025

In an ANDA, a generic drug manufacturer can establish that its product is bioequivalent1 to the brand name drug. Id. … The defendant argued that the listing was proper because the product at issue, an injector pen device, qualifies as drug product “because it is a ‘finished dosage form[.]’” Id. at 7.

Commonwealth v. Angel Gonzalez.

Massachusetts Appeals Court · May 1, 2025

Clearly, more is involved than in a mere stealthy taking where the victim has no present realization of the theft." (Emphasis added; quotations, citations, and footnote omitted.) Commonwealth v. … Moreover, "[t]o prove that a robbery was committed 'by assault and putting in fear,' the Commonwealth must establish actual fear or apprehension on the part of the victim." Commonwealth v.

Teva Pharmaceuticals International GmbH v. Eli Lilly and Company

District Court, D. Massachusetts · Sep 26, 2023

can be reliably humanized using established techniques.” … Discussion A jury’s damages award “must be upheld unless the amount is ‘grossly excessive or monstrous,’ clearly not supported by the evidence, or based only on speculation

Commonwealth v. Brown

477 Mass. 805 · Massachusetts Supreme Judicial Court · Sep 20, 2017

Maloney, 927 F.2d 646, 651 (1st Cir. 1990) (words "you may infer" clearly indicated that inferences of malice and intent were permissive). … L. c. 265, § 1, which establishes two degrees of murder.