Case law

In re Relafen Antitrust Litigation

231 F.R.D. 52 · District Court, D. Massachusetts · Sep 28, 2005

Rule 23(e) “was designed to function as an additional requirement, not a superseding direction, for the ‘class action’ to which Rule 23(e) refers is one qualified for certification under Rule 23(a) and (b).” … Clearly, the District of Southern Iowa does so. Mark W. Bennett, et al., Judges’ Views on Vanishing Civil Trials, Judicature, 306-309, 312 (May-Jun.2005).

M.S v. Inc. v. Bank of Boston-Western Massachusetts, N.A. (In Re Martin Specialty Vehicles, Inc.)

87 B.R. 752 · United States Bankruptcy Court, D. Massachusetts · Jun 16, 1988

Of the two experts, Gordon clearly is the •more credible. … We conclude that MSY has established its damages with reasonable certainty.

Oses v. Com. of Mass.

775 F. Supp. 443 · District Court, D. Massachusetts · Oct 7, 1991

This court appointed counsel for Oses and issued a procedural order establishing a briefing schedule. … I should have qualified that by saying that if he chose to testify, he could then use the photograph. There is no obligation for him to testify.” Id.

Rowley v. City of New Bedford

District Court, D. Massachusetts · Oct 31, 2024

The ESA, in conjunction with the Animal Welfare Act, clearly contemplates that endangered species may be kept in captivity. … She is neither a veterinarian nor a radiologist, and therefore is not qualified to interpret radiographs of an elephant’s foot.

LEMAY v. Murphy

537 F. Supp. 2d 239 · District Court, D. Massachusetts · Jan 22, 2008

judge of the Massachusetts Superior Court Department (Worcester County) (“the trial court” or “the trial judge”) 2 ordered petitioner committed to the treatment center for 60 days, during which time he was to be examined by qualified … Petitioner’s professed ignorance of the existence of ground two is also unconvincing as means to establish cause. See Duvall v.

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.

Soneeya (fka Hunt) v. Mici

District Court, D. Massachusetts · Feb 12, 2024

on any established sinister motive or ‘purpose’ to do harm. … clearly erroneous for the Commissioner to characterize Ms.

Emigrant Residential LLC v. Pinti

District Court, D. Massachusetts · Mar 24, 2021

Here, the undisputed record establishes that the Pinti Mortgage was discharged by mistake. … Marcano’s affidavit, moreover, falls within a hearsay exception as he is a “qualified affiant whose declaration sufficiently authenticates the business records [he] provides.” Hays v.

Macioci v. Commissioner of Revenue

2 Mass. Supp. 895 · Massachusetts Superior Court · Nov 6, 1981

Pursuant to G.L.c. 58, §1, the Commissioner may establish “such reasonable rules, regulations and guidelines as may be necessary to establish minimum standards of assessment performance.” … Her guidelines clearly state that she is going to calculate a median ratio and COD for residential property as a whole.

Taylor v. Milford Regional Medical Center

District Court, D. Massachusetts · May 10, 2024

Despite that limitation, “[t]o qualify as a bona fide religious practice, a plaintiff must show ‘both that the belief or practice is religious and that it is sincerely held.’” Antredu v. Mass. … This is not to say that Milford Regional did not face a burden, but that the record at this early stage of litigation does not clearly establish that the proposed accommodations requested by the Plaintiffs placed an undue

Katz v. Organogenesis, Inc.

District Court, D. Massachusetts · Sep 20, 2019

To satisfy step two, the defendant must “clearly set forth, through the introduction of admissible evidence, the reasons for the [employee’s termination].” Hodgens v. Gen. … Katz has met her burden of establishing a prima facie case of discrimination and retaliation. Cf. Bonilla-Ramirez v.

Commonwealth v. Darren Hughes.

Massachusetts Appeals Court · Dec 22, 2023

The defendant argues that Sergeant McManus was not qualified to opine as to whether they were in fact sent from the defendant's phone, so they are hearsay. … The defendant next challenges the judge's instruction regarding the elements of the trafficking offense, arguing that the judge did not clearly convey that the jury would have to find that the victim actually engaged

Flagstar Bank, FSB v. Kozak

District Court, D. Massachusetts · Sep 26, 2023

Kozak further asserts that Flagstar has not established sufficient interest in the alleged controversy to pursue a foreclosure action, i.e., it lacks standing. … The uncontested facts clearly establish that Flagstar is the legal owner of the Note and that the Mortgage was validly assigned to it.

Aronson v. Advanced Cell Technology, Inc.

902 F. Supp. 2d 106 · District Court, D. Massachusetts · Sep 28, 2012

In the case of Engstrom, ACT clearly had obligated itself to issue his Warrants at the price of $0.25 per share before the Pricing Period and well before the plaintiffs even entered into their own agreements. … To qualify as ‘strong’ ... an inference of scienter must be more than merely plausible or reasonable — it must be cogent and at least as compelling as any opposing inference of nonfraudulent intent.” Tellabs, Inc. v.

Massachusetts Eye & Ear Infirmary v. Bullen

7 Mass. L. Rptr. 101 · Massachusetts Superior Court · Jul 10, 1997

The problem remains that hospital administrators are given no guidance as to the circumstances under which a patient who is kept in the hospital for more than 24 hours qualifies for reimbursement on an inpatient basis or … Clearly the Division has an interest in requiring that health services be provided to Medicaid recipients in a cost-efficient manner.

Algonquin Gas Transmission, LLC v. Town of Weymouth

District Court, D. Massachusetts · Feb 11, 2019

§ 1454 (establishing process for federal approval of state coastal zone management programs); see also AES Sparrows Point LNG, LLC v. … Given that the Ordinance is not immune from preemption, the Court now turns to the merits of Algonquin’s claim.

ACA International v. Maura Healey

District Court, D. Massachusetts · May 6, 2020

This is for important reasons of Eleventh Amendment sovereign immunity as well as respect for comity among sovereign judicial systems. … examples the Prison Litigation Reform Act’s (PLRA) requirements that inmates exhaust available administrative remedies before filing a lawsuit in federal court (i.e., prisoner must complete an application to qualify

Players1st Sports Management Group - SMG v. National Football League

District Court, D. Massachusetts · Sep 26, 2018

Dickey alleges that he observed disparity in treatment of new and “minority” agents, secret meetings and agreements between established agents and the NFLPA, and practices that permitted established agents to avoid decertification … In these ways, the Regulations and Three Year Rule contained therein are “clearly designed to promote the union’s legitimate self-interest.” H.A. Artists, 451 U.S. at 721; see also Collins v.

Commonwealth v. Baez

31 Mass. L. Rptr. 295 · Massachusetts Superior Court · Jul 1, 2013

Therefore, this evidence qualifies as “newly discovered.” … Brown, 57 Mass.App.Ct. 852, 855 (2003) (“The defendant must establish that he was prejudiced by the nondisclosure”).

Earle v. Wood

62 Mass. 430 · Massachusetts Supreme Judicial Court · Oct 15, 1851

Acts were passed soon after the adoption of the provincial charter, in 1692 and 1693, for establishing a high court of chancery for the province. Anc. Chart. 222, 274. … The act has no special exception of conveyances in trust, but the exceptions are thus stated: Unless it is stated that the grantees or devises shall hold jointly, &c., or unless other words be therein used, clearly and manifestly