Case law

Doe v. UMass - Amherst

District Court, D. Massachusetts · Dec 21, 2023

Ward was not qualified to supervise Plaintiff and the arrangement was for the two to be paired. (Id. ¶ 51.) … Therefore, Plaintiff’s claim of defamation based on the DUA letter is clearly untimely. See id.; Mass. Gen. Laws ch. 260, § 4.

Project Veritas Action Fund v. Rollins

District Court, D. Massachusetts · Dec 10, 2018

The police officers raised a qualified immunity defense. Id. … It also held that the right was “clearly established,” concluding that “a citizen’s right to film government officials, including law enforcement officers, in the discharge of

Koch Acton, Inc. v. Koller

District Court, D. Massachusetts · Mar 13, 2024

They contend that each contract is unambiguous and clearly demonstrates that plaintiff lacks standing because it never owned Dynamic Beacon or the client work product. … Information does not need to rise to the level of a trade secret to qualify as protected confidential information.

Fine v. Guardian Life Insurance Company of America

District Court, D. Massachusetts · Mar 25, 2020

established public policy." … For compensation to be considered "due" to an employee under Fortune/Gram and its progeny, the [SJC] has said the employee must have been "on the brink" of achieving a qualifying milestone, Fortune, [364 N.E.2d at 1257]

Doe v. UMass - Amherst

District Court, D. Massachusetts · Nov 1, 2023

Ward was not qualified to supervise Plaintiff and the arrangement was for the two to be paired. (Id. ¶ 51.) … Therefore, Plaintiff’s claim of defamation based on the DUA letter is clearly untimely. See id.; Mass. Gen. Laws ch. 260, § 4.

Sigel v. Krock

21 Mass. L. Rptr. 367 · Massachusetts Superior Court · Jul 19, 2006

Krock contends that according to the Declaration of Trust Establishing PCRT that the only plaintiff with standing is Manuel Sigel. … He has been qualified to testify as an expert in the field of real estate appraising.

Blaney v. Berryhill

District Court, D. Massachusetts · Oct 21, 2020

“The burden of showing that the position was substantially justified is on the government, and both the underlying agency position and the government’s litigation position must qualify as substantially justified to avoid … As the fee applicant, Blaney “bears the burden of establishing entitlement to an award and documenting the appropriate hours expended and hourly rates.” Hensley, 461 U.S. at 437.

Rossman v. Nashoba Regional School District

District Court, D. Massachusetts · Aug 28, 2024

Defendants argue that these facts are insufficient to establish that the entirety of the CBA was applicable to Plaintiff’s employment and note that Plaintiff has failed to identify any documents or conversations establishing … Ct. 2018), is not instructive, as the sole issue before the court was whether the defendants were entitled to qualified immunity on the plaintiff’s MCRA claim. Id. at 304. in Count VII for retaliation.

Doe v. Town of Stoughton

District Court, D. Massachusetts · Jul 31, 2020

In order to establish municipal liability for a public employee’s violation of a plaintiff’s constitutional rights, there must be evidence of a municipal custom or policy that caused the constitutional injury. … Defendants seek summary judgment, contending that Miller did not act with deliberate indifference or, alternatively, that Miller is entitled to qualified immunity.

United States v. United Shoe MacHinery Corp.

110 F. Supp. 295 · District Court, D. Massachusetts · Feb 18, 1953

Possibly, though less clearly, United’s patents blocked Henne and Preo. … It was established, and has been modified by, written notices to lessees.

Minuteman Health, Inc v. United States Department of Health and Human Services

District Court, D. Massachusetts · Jan 30, 2018

Those articulated reasons have a clearly rational connection to HHS’s choice. … Failure to Account for Partial-Year Enrollment In order to qualify for an HCC, an enrollee must be diagnosed with an HCC-qualifying condition during the time he or she is enrolled in the plan.

Abiomed, Inc. v. Maquet Cardiovascular LLC

District Court, D. Massachusetts · Jun 15, 2023

Again, even assuming that the thesis should be excluded as a discovery sanction, Maquet has not established that summary judgment is therefore warranted. … Entries in these lab notebooks before the September 3, 1999 filing of the [‘]249 application clearly evidence that the inventors had conceived of the claimed invention at least by that time.

BitSight Technologies, Inc. v. NormShield Inc.

District Court, D. Massachusetts · Sep 20, 2024

If the advertisement is literally false, then a violation of the Lanham Act may be established “without evidence of consumer deception.” Cashmere, 284 F.3d at 311. … But where Black Kite identified allegedly “partial” integrations with 2 To the extent that BitSight pleads establishment claims in the alternative, [Doc.

United States v. Study Across The Pond, LLC

District Court, D. Massachusetts · Mar 19, 2025

and the Incentive Compensation Ban In order to foster access to higher education, Congress enacted Title IV of the Higher Education Act (“the HEA” or “the Act”), which established … As to whether Plaintiff has adequately pled that SATP does not qualify as a Bundled Services Provider, the Court finds that Plaintiff has carried its burden at this stage of the litigation.

Commonwealth v. French

357 Mass. 356 · Massachusetts Supreme Judicial Court · May 4, 1970

They do not appear very directly or clearly to charge defendants (not present when the statements were made) with complicity in Deegan’s murder. … Pretty clearly he was pointing out the difference in weight which might be given to serious offences and to automobile traffic offences.

Rivera v. Safway Services, LLC

District Court, D. Massachusetts · Apr 23, 2025

. § 1332(a) depends on these expert opinions to establish damages exceeding $75,000, the amount in controversy required by the statute, the defendants also argue that exclusion of these experts’ testimony … Rule 702 provides that a qualified expert may offer opinion testimony if “it is more likely than not that: (a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand

Bendaoud v. Hodgson

578 F. Supp. 2d 257 · District Court, D. Massachusetts · Sep 24, 2008

Despite the fact that it is the defendants’ motion, the plaintiff bears the burden of establishing jurisdiction. Id. III. … Fine, 444 F.3d 478, 486 (6th Cir.2006) (“Whether a person or entity qualifies as a fiduciary is ... a mixed question of law and fact....”).

Boothroyd Dewhurst, Inc. v. Poli

783 F. Supp. 670 · District Court, D. Massachusetts · Jun 12, 1991

In light of this evidence, it is appropriate to qualify slightly the Magistrate’s statement of fact. … The motion clearly suggested that the remaining subject matter to be covered in these depositions would not be germane to the motions for summary judgment.

Czerwienski v. President and Fellows of Harvard College

District Court, D. Massachusetts · Mar 27, 2023

Kilburn to Plaintiffs and have not established that the notes were not edited following the interview such that they would not qualify as a recorded recollection. … “Kilburn cannot produce ‘specific facts,’ sufficient to establish that Harvard’s belief was not reasonable” since Ms.

Yaghoobi v. Tufts Medical Center

District Court, D. Massachusetts · Jan 13, 2025

Among other things, the ADA prohibits an employer from discriminating against “a qualified individual on the basis of disability in regard to the “advancement” or “discharge” of an employee … The defendants argue that the amended complaint does not plead sufficient facts to establish that any alleged privacy violation was unreasonable and either substantial or serious.