Case law

Commonwealth v. Holley

Massachusetts Supreme Judicial Court · Dec 14, 2017

Christian, 430 Mass. at 556, explained that it is "the stealing or taking of property[] that qualifies them for application of the felony-murder rule." … Unlike in Connor, supra at 842-843, where a juror refused to deliberate or keep his oath, the juror's illness in this case was clearly a personal problem.

McFarland v. Schneider

11 Mass. L. Rptr. 704 · Massachusetts Superior Court · Feb 17, 1998

An established investment fund like the Magellan Fund or the Windsor Fund, to take but two of many possible examples, are properly thought of as “products” because of defined characteristics they have established over time … He had established an excellent relationship with URS’s Mr. Cherry.

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.

Suzuki v. Abiomed, Inc.

District Court, D. Massachusetts · Jan 4, 2019

Bus Lines, Inc., 386 Mass. 877, 884 (1982), or that the compensation was “clearly connected to work already performed” by the employee, Harrison v. … Massachusetts case law requires, however, that the commissions to which an at-will employee claims entitlement be clearly related to the employee's past service.” Id.

Brandt v. Hicks, Muse & Co. (In Re Healthco International, Inc.)

195 B.R. 971 · United States Bankruptcy Court, D. Massachusetts · May 17, 1996

Hicks, Muse is a Dallas-based investment banking firm established in 1989 which specialized in leveraged buyouts. … director involved in a personal transaction with the corporation has the burden of proving the transaction was fair to the corporation. 46 As the controlling shareholder of Gemini, a large Healthco stockholder, Goldberg clearly

Wade v. Clayton

District Court, D. Massachusetts · Jun 7, 2019

While some of his testimony may cross into specialized areas of technical expertise covered by Rule 702, the Court cannot assess whether he is qualified to offer that testimony based … Second, the undisputed material facts do not establish negligence on the part of Third-Party Defendants.

201 Forest Street LLC v. LBM Financial LLC (In Re 201 Forest Street LLC)

409 B.R. 543 · United States Bankruptcy Court, D. Massachusetts · Jun 30, 2009

It is well settled that “a contract provision that clearly and reasonably establishes liquidated damages should be enforced, so long as it is not so disproportionate to anticipated damages as to constitute a penalty.” … The evidence presented at trial, however, also established that Mal-legni entered into two contracts in his individual capacity.

Egenera, Inc. v. Cisco Systems, Inc.

District Court, D. Massachusetts · May 22, 2019

On the other hand, one does not qualify as a joint inventor by merely assisting the actual inventor after conception of the claimed invention. … The evidence clearly and convincingly demonstrates that Schulter is an inventor of the ’430 patent.

Kalaydzhan v. Steven A. Ross, Trustee of the Salisbury Lending T

United States Bankruptcy Court, D. Massachusetts · Mar 26, 2024

Ross is the current manager of QSPL and has been its only manager since it was established. … [I]t was clearly not what I was doing. . . . I was buying the condo for myself to live there. . . and not for an investment or some kind of business purpose. Tr.

United States v. Patriarca

807 F. Supp. 165 · District Court, D. Massachusetts · Aug 19, 1992

As I clearly recognize, this case does not involve § 1B1.3(a)(2). … This, too, was a circumstance clearly foreseeable and adequately considered by the Sentencing Commission.

Preston v. World Travel Holdings, Incorporated

District Court, D. Massachusetts · Jul 15, 2024

P. 23(a)(4), because Preston’s interests “will not conflict with the interests of any of the class members” and her chosen counsel “is qualified, experienced and able to vigorously conduct the proposed litigation,” Andrews … At a minimum, the “notice must clearly and concisely” describe to class members “(i) the nature of the action; (ii) the definition of the class certified; (iii) the class claims, issues, or defenses; (iv) that a class member

Philips North America LLC v. Fitbit LLC

District Court, D. Massachusetts · Jan 27, 2022

of the communication, the place where the relationship was centered at the time of the communication, the needs of the international system, and whether the application of foreign privilege law would be “clearly … immunity provided by this subdivision.”

Lott v. K. Force

District Court, D. Massachusetts · Aug 6, 2019

Indeed, “[c]ourts have repeatedly held that a receptionist does not ordinarily qualify as a corporation’s agent.” Carey Int’l Inc. v. Carey Limo Serv. … In sum, the facts uniformly establish that Rabuffo is not a “managing or general” agent and is not “authorized to receive . . . service of process” for the purposes of either Rule 4(h

Paulding v. Shellpoint Mortgage Servicing

District Court, D. Massachusetts · Jan 11, 2018

Even assuming, however, that such a right of action exists, the statute clearly requires causation (that is, the injury must have been “a result of” the violation). … While hardly a model of clarity, the complaint does plausibly allege that plaintiffs’ loan was of the type that could qualify for a HAMP modification.

Moore v. Ponte

924 F. Supp. 1281 · District Court, D. Massachusetts · May 10, 1996

this Court, Keeton, J., issued an order dismissing counts 1-3 and 5-10 on the ground that they were procedurally barred because the state courts had rejected them on independent and adequate state law grounds, a rejection immune … Even where a derivative constitutional rule is well established, the outcome will be different simply depending upon how the issue is characterized.

Commonwealth v. Philip Chism

Massachusetts Supreme Judicial Court · Feb 25, 2025

It is a further question whether the motion judge's order qualified as prejudicial error. We hold that it did not. Dudley insisted that the IQ test scores did not change his opinion. … Moreover, the record does not support the defendant's claim that Kinscherff's testimony was "clearly based" on his exposure to the suppressed Danvers police station statement.

Robinson v. National Collegiate Student Loan Trust 2006-2

District Court, D. Massachusetts · Apr 7, 2021

“To show their dispute qualifies, the named plaintiffs must establish standing, meaning they must plausibly 2 In their opposition brief, Plaintiffs concede dismissal of their request for rescission of their loans. … Further, the terms of the Credit Agreement clearly recite an initial interest rate of over 9%.

Wired Infomatics, LLC v. OmniMD

District Court, D. Massachusetts · Jul 30, 2019

As an initial matter, if the MSL is governed by the U.C.C., OmniMD cannot maintain a breach of contract action based on an allegedly defective product without first establishing that any “non-conformity” of the product … AJW Qualified Partners, LLC, 921 N.Y.S.2d 260, 264 (N.Y. App. Div. 2011). “To plead these elements ‘a plaintiff must identify what provisions of the contract were breached as a result of the acts at issue.’”

Fisher v. Harvard Pilgrim Health Care of New England, Inc.

District Court, D. Massachusetts · May 21, 2019

The first of those requirements is that “[e]very employee benefit plan shall establish and maintain reasonable procedures governing the . . . notification of benefit determinations.” 29 C.F.R. § 2560.503-1(b). … While the second letter sent to plaintiff arguably satisfied that requirement, the first letter clearly did not.

Commonwealth v. Barboza

387 Mass. 105 · Massachusetts Supreme Judicial Court · Aug 5, 1982

Gormley contends that Mark's presence at the scene of the firebombing does not establish his involvement. She also contends that flight is insufficient to support a finding of participation in the act. … The inclusion of acts by household members among the types of conduct singled out for expedited treatment clearly indicates that the Legislature viewed such acts as "cause" for termination. See Weston v.