Case law

Capen v. Campbell

District Court, D. Massachusetts · Dec 21, 2023

While there are many aspects of that framework that are unresolved, it is useful to begin by identifying several guideposts that have been clearly established by the Supreme Court. 6 After Heller and McDonald, the First … Under the circumstances, the weapons qualify as “dangerous and unusual” within the meaning of the analytical framework of the Second Amendment. d.

Kolenovic v. Cowan

District Court, D. Massachusetts · Nov 9, 2021

§ 2254, alleging that the SJC’s ruling on his claim for ineffective assistance of counsel involved an unreasonable application of clearly established federal law. … established federal law.

Fine v. Guardian Life Insurance Company of America

District Court, D. Massachusetts · Mar 7, 2022

The agency was established by Fine’s father and, by 2018, was headed by Fine’s brother, Randy Fine (Pl. … Recovery Under Gram If Fine can recover at all, it is under the doctrine established in Gram I.

United States of America ex rel. v. Janssen Biotech, Inc.

District Court, D. Massachusetts · Mar 9, 2023

United States, 284 F.3d 236, 245, 247 (1st Cir. 2002) (holding that communications must have been intended to be confidential and made for the purpose of giving or obtaining legal advice to qualify as privileged and disclosing … The court rejects Janssen’s assertion that the February 2020 cutoff date established by Chief Judge Saylor for discovery concerning the programs at issue in this case applies to Janssen’s communications with the DOJ and

Schuster v. Encore Boston Harbor

District Court, D. Massachusetts · Feb 27, 2023

The objecting party must “(a) apprise the trial court . . . that she considers the affidavit defective, and (b) spell out the nature of the ostensible defects clearly and distinctly.” Perez v. … “Although whether a particular set of acts, in their factual setting, is unfair or deceptive is a question of fact . . . the boundaries of what may qualify for consideration as a [Chapter] 93A violation is a question of

Affholter v. Citigroup Global Markets Inc

District Court, D. Massachusetts · Jun 17, 2024

The complaint thus clearly violates Rule 9. In addition, the complaint fails to plead scienter with particularity. … However, the statute provides that “no person may rely upon any conduct that would have been actionable as fraud in the purchase or sale of securities to establish a violation of [civil RICO].” 18 U.S.C. § 1964(c); see

Goldman v. Winn

565 F. Supp. 2d 200 · District Court, D. Massachusetts · Jul 1, 2008

In 1993, Goldman had only two prior convictions that qualified for Career Offender purposes. One was a 1977 conviction in the Massachusetts Superior Court for the alleged kidnapping of Jeffrey Lopes. … To establish prejudice on collateral review, a petitioner must establish that the error complained of had “substantial and injurious effect or influence.” Sustache, 221 F.3d at 18 ; see also Ellis v.

Doelger v. JPMorgan Chase Bank, N.A.

District Court, D. Massachusetts · Sep 27, 2024

Defendants contend that this Court should refrain from considering Yoon’s declaration when considering Defendants’ Motion for Summary Judgment because she makes 1) statements precluded by spousal immunity; 2) “statements … Plaintiffs argue that Peter’s net worth and JPMC’s understanding of what it was is clearly a disputed material fact. [Dkt. 391 at 13].

COMMONWEALTH v. RALPH R., a juvenile.

100 Mass. App. Ct. 150 · Massachusetts Appeals Court · Aug 23, 2021

"Proof of possession and knowledge may be established by circumstantial evidence and the inferences that can be drawn therefrom." Gouse, supra. … Tavares, 385 Mass. 140, 156 , cert. denied, 457 U.S. 1137 (1982) (judge's finding on juror credibility must be accepted unless clearly erroneous).

United States of America v. Grand Canyon University, Inc.

District Court, D. Massachusetts · Sep 6, 2022

In order to qualify for these programs and, thus, receive federal funds, postsecondary institutions must meet several requirements. Id. … Work from home and flex schedule, however, are distinctly not the type of benefit that can be categorized as a “payment,” or “something of value”; these are instead ‘perks’ not clearly

Wong v. FMR LLC

District Court, D. Massachusetts · Feb 14, 2020

Counts I to IV of Plaintiffs’ Complaint, which claim various breaches of fiduciary duty, require Plaintiffs to plausibly allege that Defendants, who are not named fiduciaries, nevertheless qualify as “fiduciar[ies] with … Cir. 2019) (“Fiduciary status turns on whether the service provider can force plans or participants to accept its choices about plan management or assets.”); Renfro, 671 F.3d at 323 (“[A] directed trustee is essentially immune

In Re Massachusetts Diet Drug Litigation

338 F. Supp. 2d 198 · District Court, D. Massachusetts · Sep 17, 2004

In 1997, the Judicial Panel on Multidistrict Litigation established an MDL proceeding in the Eastern District of Pennsylvania and transferred the pending federal diet drug cases. … Statutes of limitations In a nutshell, Wyeth argues that the plaintiffs’ claims against Indevus are so *203 clearly barred by the applicable statutes of limitations that Indevus should be disregarded as a party defendant,

T.H Glennon Co. Inc. v. Monday

United States Bankruptcy Court, D. Massachusetts · Mar 9, 2023

however,that Glennon“believesthat receiving the Filemaker Database, as the earlier judgment held, under whatever unknown form of computer hacking allowed [the Debtor] to bypass the computer access controls is sufficient to qualify … The District Court clearly found that Glennon was injured by the Debtor’s actions, specifically ruling that “[the Debtor’s] access and copying of confidential information caused damage by compromising the ‘integrity’ of that

Schwanbeck v. Federal-Mogul Corp.

31 Mass. App. Ct. 390 · Massachusetts Appeals Court · Sep 23, 1991

Boston Edison Co., 390 Mass. 604, 616 (1983), the boundaries of what may qualify for consideration as a c. 93A violation is a question of law. See Mechanics Natl. Bank v. … Those findings, we accept, unless clearly erroneous. Mass.R.Civ.P. 52 (a); 365 Mass. 816 (1974). First Pa. Mortgage Trust v. Dorchester Sav.

A.Z. v. NIELSEN

District Court, D. Massachusetts · Oct 23, 2018

To qualify as final, the action “must mark the consummation of the agency’s decisionmaking process” and either determine rights or obligations or trigger legal consequences. U.S. … The APA does not permit this Court to circumvent this established agency process and review a nonfinal decision. IV.

Cutting v. United States

204 F. Supp. 2d 216 · District Court, D. Massachusetts · Jun 11, 2002

It is well established under the law that the United States, as an entity, may be sued only to the extent, and in the manner, that it consents to being sued. … In other words, all the plaintiffs clearly had “knowledge of the injury” more than two years before they filed their claims.

Tyler v. Michaels Stores, Inc.

150 F. Supp. 3d 53 · District Court, D. Massachusetts · Dec 9, 2015

For present purposes, it is enough to note that published billing rates are of little aid to a court in establishing the actual market for the legal services provided here. McDonough v. … As cases transferred by the Panel to a •remote court count as case filings in the transferee court, they tend to immunize that court against the potential loss of a judgeship.

TurboCare Division of Demag Delaval Turbomachinery Corp. v. General Electric Co.

45 F. Supp. 2d 110 · District Court, D. Massachusetts · Mar 31, 1999

(“Indeed, new prior art not before the PTO may so clearly invalidate a patent that the burden [of demonstrating invalidity] is fully sustained merely by proving its existence and applying the proper law.”). 3. … contract or law to assign, grant, convey or license, any rights in the invention to any person who could not be classified as an independent inventor if that person had made the invention, or to any concern who would not qualify

IDL Development, Inc.

United States Bankruptcy Court, D. Massachusetts · Nov 1, 2019

“In general, for a claim to qualify as an administrative expense under subsection 503(b)(1), (1) it must have arisen from a transaction with the trustee or debtor in possession, rather than from a prepetition transaction … narrowly construed to ensure fair distribution of the assets of a bankruptcy estate in accordance with the distribution priorities established by the Bankruptcy Code.

KPM Analytics North America Corporation v. Blue Sun Scientific, LLC

District Court, D. Massachusetts · Apr 10, 2024

KPM established at trial that it owned three species of trade secrets. … Clearly, Gajewski actually knew about the probable consequences of his trade secret misappropriation and was trying to ensure that he evaded detection.