Case law

Nwachukwu v. Vinfen Corporation

District Court, D. Massachusetts · Nov 4, 2019

Plaintiff must first “establish[] a prima facie case of . . . discrimination.” McDonnell Douglas Corp v. Green, 411 U.S. 792, 802 (1973). … Jul. 27, 2017) (“because [employer’s] contention that [plaintiff] was not qualified [for her job] relies upon its proffered legitimate reason for her termination, the [c]ourt will assume for present purposes that plaintiff

Rogers, Ph.D. v. Unum Life Insurance Company of America

District Court, D. Massachusetts · Mar 31, 2024

Four months after Unum’s decision, Rogers’ attorney sent Unum a letter from the Social Security Administration (“SSA”) stating that Rogers qualified for disability benefits through the SSA. … Rogers cites to cases where the facts establish that the SSA’s measurement is more rigorous than Unum’s. See U.S. ex rel. Loughren v.

The Satanic Temple, Inc. v. City of Boston

District Court, D. Massachusetts · Jul 31, 2023

All of the evidence submitted suggests that individual City Councilors invited speakers who served their constituents and were active in their communities, and TST did not qualify as such. … Indeed, the evidence clearly conflicts with that conclusion—former Councilor Essaibi-George explained that she was unaware of TST’s activities and community contributions when they sought inclusion in the invocation calendar

Parker v. New England Oil Corp.

8 F.2d 392 · District Court, D. Massachusetts · Oct 3, 1925

But, in spite of the difficulties, the dominant facts are established beyond reasonable doubt. … But (to repeat) the fundamental question . in this case is not whether the Tanker contract was valid, or voidable for fraud; the crucial question hero is whether this committee was qualified to act, and did act, as the qualified

Bio-Rad Laboratories, Inc. v. 10X Genomics, Inc.

District Court, D. Massachusetts · Aug 31, 2020

Proc. 13(a) because they qualify as compulsory counterclaims that should have been brought in the 152 Case. Pl.’s Mem. 8 (citing McCaffrey v. … Momenta Pharms., Inc., 850 F.3d 52, 57 (1st Cir. 2017)).2 Bio-Rad counters by saying that these lawsuits are immunized from antitrust scrutiny because lawful petitioning behavior

Compere v. Riordan

District Court, D. Massachusetts · Mar 21, 2019

2004 when the USCIS first discovered its mistake, Compere would have been able to file a timely application for adjustment of status before his 18th birthday, which would have qualified … Taken together, those provisions clearly articulate the intention of Congress to “strip[] federal district courts of jurisdiction to review challenges by aliens to their final

In re Meguerditchian

566 B.R. 102 · United States Bankruptcy Court, D. Massachusetts · Mar 28, 2017

In light of these developments in the Debtor’s articulation of his position, the Court ordered the parties to file briefs setting forth more clearly their respective positions. … Because it is an affirmative defense, the burden of establishing its applicability falls on the Debtor.

Denton v. Boilermakers Local 29

673 F. Supp. 37 · District Court, D. Massachusetts · Oct 1, 1987

If the court did not infer that Denton was working on the rehabilitation in this period, the conclusion that he was reasonably diligent in mitigating the loss caused by defendant’s conduct would be qualified. … The courts have found earnings not to be deductible when they are earned during time periods where the plaintiff clearly would not be working at the job he lost. For example in Behlar v.

Commonwealth v. Celester

473 Mass. 553 · Massachusetts Supreme Judicial Court · Feb 10, 2016

The judge allowed the statement to come in without specifically deciding whether it qualified as a spontaneous utterance because of defense counsel's concession that it did. … Washington, 466 U.S. 668, 690-691 [1984],) sense] and the Fifth Amendment in the same breath, let alone set forth a clearly established right to that effect").

O'Horo v. Boston Medical Center Corp.

District Court, D. Massachusetts · Sep 27, 2023

Vilvendhan was qualified for the role.18 BUMCR subsequently offered Dr. … Under McDonnell Douglas, a plaintiff must first establish a prima facie case for disparate treatment discrimination by showing that: (1) she is a member of a protected class; (2) she is qualified for her job; (3) she has

Polaroid Corp. v. Eastman Kodak Co.

641 F. Supp. 828 · District Court, D. Massachusetts · Oct 11, 1986

The burden of establishing equivalence is on the plaintiff. … I find both not only qualified, but highly qualified. The references cited against the patent in suit fall into several categories. First, are the patents pertaining to peel-apart film units.

CSX Transportation, Inc. v. Tri County Recycling, Inc.

District Court, D. Massachusetts · Jul 17, 2019

Tri County, on the other hand, argues that an equitable claim that a successor company is liable for a predecessor company’s debt based on de facto merger principles is a cause of action that “clearly sounds in tort, because … CSX must ultimately prove one of these theories to qualify for an exception to the “general rule of no successor liability.” Nat’l Gypsum Co. v. Cont’l Brands Corp., 895 F. Supp. 328, 336 (D. Mass. 1995).

Richard E. Savoy v. Geraldine S. Savoy.

Massachusetts Appeals Court · Sep 11, 2025

With respect to the transfer of the Prothena stock (paragraph 5), the record establishes that on meeting with the special master, the husband agreed to the transfer. … L. c. 215, § 34A, is available as a remedy for ongoing failure to comply with an order . . . that may not qualify as a 'judgment for the payment of money' under G.

Escamilla v. Dyck-O'Neal, Inc.

District Court, D. Massachusetts · Jul 10, 2024

Exhibits D, F, G, and I are clearly incorporated into the pleadings and therefore properly part of the record. Compare #43-4 (Ex. … Ct. at 1041 (Sotomayor, J., concurring) (quoting 15 U.S.C. § 1692a(6)); see id. at 1039 (“enforcing a security interest does not grant an actor blanket immunity”).

Rosado v. Saul

District Court, D. Massachusetts · Nov 29, 2021

When Plaintiff returned to the Eye & Lasik Center on November 26, 2018, he reported that he did not see objects clearly (A.R. at 583). … The Legal Standard for Entitlement to DIB In order to qualify for DIB, a claimant must demonstrate that he is disabled within the meaning of the Act.

Irish Bank Resolution Corp. v. Drumm (In re Drumm)

524 B.R. 329 · United States Bankruptcy Court, D. Massachusetts · Jan 6, 2015

Zelevinsky remembered no communications on the subject but later qualified her answer, cryptically, to say that she wasn’t sure it had ever come up. *373 d. … Rather, it establishes that a false oath may itself be sufficient to establish knowledge of falsity and fraudulent intent.

Securities and Exchange Commission v. Lemelson

District Court, D. Massachusetts · Mar 30, 2022

Lemelson does not recognize the wrongfulness of his conduct or acknowledge when he was clearly wrong (like the statements about Viking). … While Lemelson focuses on actual losses, the SEC is correct that a significant risk of substantial loss is enough to qualify a violation for Tier III penalties.

Yankee Candle Co. v. Bridgewater Candle Co., LLC

140 F. Supp. 2d 111 · District Court, D. Massachusetts · May 14, 2001

To do so, the act must enable “the raising of objectively reasonable claims and defenses, which may serve not only to deter infringement, but also to ensure that the boundaries of copyright law are demarcated as clearly as … As the Third Circuit has stated, “whether a case qualifies as exceptional ultimately turns on consideration of the equities in full.” Id.

Salvas v. Wal-Mart Stores, Inc.

452 Mass. 337 · Massachusetts Supreme Judicial Court · Sep 23, 2008

The question is not whether Wal-Mart’s records are dispositive evidence, conclusively establishing liability and damages “of themselves.” … “There may, of course, be some regressions so incomplete as to be inadmissible as irrelevant; but such was clearly not the case here.” Id. at 400 n.10.

Doe Ex Rel. Doe v. Hampden-Wilbraham Regional School District

715 F. Supp. 2d 185 · District Court, D. Massachusetts · May 25, 2010

III at 1422, 1442) without an established, reported baseline. … Here, clearly there has not been a “complete” failure to implement.