Case law

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.

Meuse v. National P.I. Services, LLC

District Court, D. Massachusetts · Sep 13, 2024

As this Court previously held in this matter, “[m]ultiple courts have found that dismissed charges—like Plaintiff's—qualify as adverse information under the FCRA.” Meuse v. Nat'l P.I. … This evidence is sufficient to establish a violation of chapter 151B, § 4(9) as a matter of law.

Hewlett-Packard Co. v. Genrad, Inc.

897 F. Supp. 1479 · District Court, D. Massachusetts · Jun 19, 1995

The end result is that element (a), as the language of the claim shows, clearly requires the output to supply the electrical current. … Keirn qualifies tMs statement, reflected in the minutes of the January 22, 1992 C-probe meeting, by explaining that he “was not sure at the time where to place the amplifier vis-a-vis the probe.”

United States v. Tisbury Towing and Transportation Co. Inc.

District Court, D. Massachusetts · Jul 25, 2019

Tisbury further argues that the Corps’s process to solicit bids for the Hurricane Barrier was flawed because it was limited to certain qualifying entities, resulting in an unreasonably higher price. Doc. … Given the totality of these circumstances, in which wooden fenders clearly go missing without immediate replacement, the Court finds that the government has not demonstrated by a preponderance of the evidence that more

In re Organogenesis Securities Litigation

241 F.R.D. 397 · District Court, D. Massachusetts · Mar 15, 2007

only that “[t]he moving party must show first that the interests of the representative party will not conflict with the interests of any of the class members, and second, that counsel chosen by the representative party is qualified … the terms of this letter from Milberg Weiss and to find “such fine shading of words” disturbing. 68 Milberg Weiss asserts it would be unreasonable to conclude it was trying to misrepresent anything, as Schulman’s name is clearly

United States v. $100,000 in United States Currency

District Court, D. Massachusetts · Mar 30, 2018

Traveling on a guest/buddy pass does not immunize same day travel from careful analysis regarding its purposes. … Ormond, as the claimant, does not qualify as an innocent owner under 18 U.S.C. § 983(d).

RH MURPHY CO., INC. v. Illinois Tool Works, Inc.

409 F. Supp. 2d 53 · District Court, D. Massachusetts · Jan 17, 2006

, 424 F.3d at 1331 (the trial court erred by importing the functions of a working device into the specific claims, rather than reading the claims for their meaning independent of any working embodiment.). “ ‘In order to qualify … A “ ‘nexus must be established between the merits of the claimed invention and evidence of commercial success before that evidence may become relevant to the issue of obviousness.’ ” Iron Grip Barbell Co. v.

Bek v. Wells Fargo Home Mortgage

District Court, D. Massachusetts · Sep 7, 2018

sources of information, and (ii) those facts suffice to establish the affirmative defense with certitude.” … Bek’s amended complaint clearly fails to meet the particularity requirement of Rule 9(b).

Alphonse v. Moniz

District Court, D. Massachusetts · Jan 31, 2022

Specifically, he alleges that his convictions do not qualify as crimes of moral turpitude, controlled-substance offenses, or aggravated felonies. … Cyr, where the Supreme Court found that § 1252(b)(9) did not “clearly apply to actions brought pursuant to the general habeas statute” because the term “judicial review” did not encompass habeas relief. 533 U.S. at 313

Ministeri v. AECOM Technology Corporation

District Court, D. Massachusetts · Feb 10, 2021

Ministeri worked as much or as effectively as prior to his illness, but whether he continued to qualify under the Group Policy. The record establishes that Mr. … They do not, as Reliance argues, establish a cap on total recovery.

Tomaz v. Max Ultimate Food, Inc.

District Court, D. Massachusetts · Sep 14, 2020

Because of the parties’ conflicting measurements of Tomaz’s time off in hours versus days, and the fact that MAX’s records fail to clearly differentiate between sick days and vacation time, this seemingly inconsequential … [F]or example, assistant managers in a retail establishment who perform exempt executive work such as supervising and directing the work of other employees, ordering merchandise,

Crimson Galeria Limited Partnership v. Healthy Pharms, Inc.

District Court, D. Massachusetts · Aug 21, 2018

Michigan Medical Marihuana Act that immunizes registered qualifying patients from penalty for specified medical marijuana use). May 4, 2017). … DeMauro, 115 F.3d 94, 98 (1st Cir. 1997), but the benefit or need for one here has not been established.

United Technologies Corp. v. Liberty Mutual Insurance

1 Mass. L. Rptr. 91 · Massachusetts Superior Court · Aug 3, 1993

The “deemer” clause clearly states that cessation of exposure, not substantial cleanup, is the event that triggers the policy. … UTC will be unable to establish its right to coverage for any contamination discovered.

Keith

District Court, D. Massachusetts · Mar 30, 2026

Keith’s profile, which HarbourVest received, was “appropriately focused on her technical industry experience,” and it clearly listed the gap in her career. … He also “contrast[ed] his own youth and local ties with [Keith’s] established family obligations.” Id. ¶ 248.

Keene ex rel. Keene v. Brigham & Women's Hospital, Inc.

11 Mass. L. Rptr. 545 · Massachusetts Superior Court · Mar 15, 2000

In that decision the Court also struck the defendant’s affirmative defense *546 of charitable immunity. … Clearly, in truth, it cannot. But there is no question that Dylan actually has and will experience physical and mental pain and suffering, and money damages are the only form of compensation available.

Lee v. Bank Of America

District Court, D. Massachusetts · Jan 9, 2024

Daluz, 434 Mass. at 45.4 All three elements are clearly satisfied here. … Section 1983 establishes liability for any person acting under the color of state law who deprives any United States citizen of “any rights, privileges, or immunities secured by the Constitution and laws.” 42 U.S.C. §

Raheb v. Delaware North Companies, Inc. - Boston

District Court, D. Massachusetts · Jul 7, 2023

What qualifies as a reasonable time period is a question of fact, but where the basic facts are undisputed, it may become a question of law. Segal v. Aetna Cas. & Sur. Co., 337 Mass. 185, 188 (1958). … Count 2 clearly 5 The court in Gorelick v. Star Markets Co., Inc., 102 Mass. App.

Parzenn Partners LLC v. Baran

District Court, D. Massachusetts · Sep 29, 2020

On April 26, 2019, USCIS issued an RFE regarding inter alia whether Shah’s position as an Operations Research Analyst/Consultant qualified as a “specialty occupation” within the meaning of the Immigration and Nationality … Eisner provides generic descriptions of analytical and modeling methods that are not clearly tied to Plaintiff’s business or clients beyond Eisner’s comments that “the proposed Operations Research Analyst/Consultant position

Scott v. Union Bank and Trust Company

District Court, D. Massachusetts · Dec 12, 2024

Although ordinarily, “a plaintiff who seeks to bring her suit in a federal forum bears the burden” of establishing subject-matter jurisdiction, Klimowicz v. Deutche Bank Nat’l Tr. … In addition, no party questions that UBT, GRIPA, and PHT qualify as “primary defendants” under CAFA.

Johansen v. Liberty Mutual Group Inc.

District Court, D. Massachusetts · Oct 2, 2019

The mere failure to sign is insufficient to establish that there was not a contract. … The provision is clearly not intended to be understood solely to cover those instances in which there is an actual determination of a violation.