Case law

Gudava v. Northeast Hospital Corporation

District Court, D. Massachusetts · Feb 13, 2020

An employer may nonetheless be held liable under Massachusetts law for terminating an employee for a reason that violates a clearly established public policy. Id. … To establish a prima facie case of FMLA retaliation based on wrongful termination, Gudava must establish that 1) she availed herself of a protected right under the FMLA; 2) she was

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.

United States v. Sampson

275 F. Supp. 2d 49 · District Court, D. Massachusetts · Aug 11, 2003

This conclusion is not qualified by the fact that Sampson does not claim to be actually innocent himself. … As Judge Ponsor wrote: In his opening, the prosecutor promised that the jury would hear a nationally renowned expert opine that post-mor-tem examination clearly revealed epinephrine poisoning.

Ciolino v. Keystone Shipping Co.

District Court, D. Massachusetts · Feb 1, 2024

Jan. 13, 2022) (declining to strike a paragraph from an affidavit where the statement did “not clearly contradict the deposition testimony”). … Asbestos exposure or the presence of asbestos on the vessel qualifies as an unseaworthy condition. See Austin v.

Pierce-Cooke v. Wheeler

District Court, D. Massachusetts · Nov 20, 2024

of an unfair act or practice[,]” courts look to: (1) whether the conduct is within ‘at least the penumbra of some common-law, statutory, or other established … What conduct qualifies as “deceptive” “is less clearly defined in the case law[,]” Incase Inc. v.

George Hyman Construction Co. v. Gateman

16 F. Supp. 2d 129 · District Court, D. Massachusetts · Sep 2, 1998

The frenzy at the 88 Broad offices had now clearly extended to the job site, and the end was near. Everyone wanted to find DeFeo by the beginning of February, but he was harder to locate than ever. … More importantly, the Court concludes that the January transfer to Calvesco does not qualify as a siphoning of assets by the individuals sufficient to support impaling them.

Crowell v. Ionics, Inc.

343 F. Supp. 2d 1 · District Court, D. Massachusetts · Nov 3, 2004

First, the absence of stock trading profit does not establish the absence of a scheme to profit through insider trading. It only establishes the absence of a successful scheme. … It is improper to place losses on a subsidiary’s books that clearly belong either to the parent or to another entity; Crowell thus alleges something more than a good-faith dispute.

United States v. Green

346 F. Supp. 2d 259 · District Court, D. Massachusetts · Jun 18, 2004

If our criminal laws were still defined by the common law, rather than by statute, judicial definitions of elements, defenses, and sentencing factors would presumably not be immune from scrutiny under Apprendi and Ring. … established federal law).

Boston Scientific Corp. v. Cook Inc.

187 F. Supp. 3d 249 · District Court, D. Massachusetts · Apr 22, 2016

Taylor does not even attempt to provide the perspective of a person of ordinary skill in the art in 1993, nor has he demonstrated that he is qualified to even render an opinion on this point” because he “has not demonstrated … No component of the claim *296 establishes a “method” and the claim is not indefinite within the holding of IPXL Holdings.

New England Biolabs, Inc. v. Miller

District Court, D. Massachusetts · Nov 23, 2020

When bringing a suit under § 1132(a)(3) for monetary relief, a plaintiff must establish injury-in-fact. See, e.g., Perelman v. … “The key determinant of whether a person qualifies as a functional fiduciary is whether that person exercises discretionary authority in respect to, or meaningful control over, an ERISA plan, its administration, or its

De Lovio v. Boit

7 F. Cas. 418 · U.S. Circuit Court for the District of Massachusetts · Oct 15, 1815

Assuming this inference to be correct, it does not follow, that the jurisdiction of the admiralty is ■excluded; for in Sir Henry Constable’s Case, 5 Coke, 105b, 107, it was clearly held, that the soil, on which the tide ebbs … It is utterly impossible to support such an opinion; and, accordingly, it has been in -other cases qualified or abandoned. 1 Rolle, Abr. 533, 1, 13.

Arbogast v. Pfizer

District Court, D. Massachusetts · Feb 9, 2023

“Section 1983 supplies a private right of action against a person who, under color of state law, deprives another of ‘any rights, privileges, or immunities secured by the Constitution and [federal] laws.’” Gray v. … “Conduct qualifies as extreme and outrageous only if it ‘go[es] beyond all possible bounds of decency, and [is] regarded as atrocious, and utterly intolerable in a civilized community.’”

HC&D, LLC v. Cashman Equipment Corp.

District Court, D. Massachusetts · Sep 29, 2023

Finally, severance may be “neither clearly warranted nor clearly disallowed and is therefore committed to the court's discretion.” Id. at 405. … To qualify as “indispensable,” “a party must also be a ‘required’ party under Rule 19(a).” In re: Howmedica Osteonics Corp, 867 F.3d at 408.

Green v. D2L LTD

District Court, D. Massachusetts · Sep 15, 2023

Both men qualified as “executive management,” and so were capable of invoking the windfall clause. See Def.’s Mem. SJ, Ex. 3 [Doc. No. 147-3]. … But that statement as to Theriault’s expectations as to the amount does not establish an enforceable contract.

Sign-A-Way, Inc. v. Mechtronics Corp.

12 F. Supp. 2d 132 · District Court, D. Massachusetts · May 29, 1998

Hoffman is an impressively qualified entrepreneur with a distinguished background in finance and marketing. Perhaps even more relevant to this case, Mr. … These contentions, in effect, ask this court to make rulings on questions of law that the findings of the jury mooted and that the final judgment clearly and completely adjudicates.

Corrigan v. Barnhart

352 F. Supp. 2d 32 · District Court, D. Massachusetts · Dec 21, 2004

Accordingly, he recommended that Corrigan seek further evaluation from a qualified back surgeon. Id. On April 29, 1997, Dr. … If so, the Commissioner must then establish that the claimant is able to engage in gainful activity before making a determination that the disability has ended. Id. § 404.1594(c)(3)©.

McDermet v. DIRECTV, LLC

District Court, D. Massachusetts · Jan 21, 2021

However, even assuming that the callers qualify as “unavailable” under Rule 804(a), he has not shown that any of the exceptions in Rule 804(b) apply. … In any event, the record fails to establish that defendants ratified the actions of the retailers.

Gallagher v. Amedisys, Inc.

District Court, D. Massachusetts · May 15, 2018

Plaintiff does not allege that Bridges is domiciled in Massachusetts and provides no evidence to establish jurisdiction over Bridges. … “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 law

Krishnan v. Blueprint Healthcare LLC

District Court, D. Massachusetts · Sep 17, 2021

The Agreement clearly states in its “Service Compensation” clause that Krishnan assigned his professional fees to Blueprint, and in consideration thereof, is being paid the $150,000 base salary delineated in the Addendum … It is not in dispute that Krishnan qualified as an employee under the statute and that his compensation constituted a wage.

In Re Melendez

224 B.R. 252 · United States Bankruptcy Court, D. Massachusetts · Aug 31, 1998

The Interplay of § 524 and Rule 9011 Rule 9011 clearly applies to § 524(c)(3) attorney declarations. See Fed. R. … Excluded were agreements of debtors whose postpetition income clearly exceeded their postpetition liabilities.