Case law

Evans v. Lorillard Tobacco Co.

30 Mass. L. Rptr. 207 · Massachusetts Superior Court · Sep 6, 2011

If Evans establishes a defective design, he must also prove that the design defect caused his mother’s harm. … Evans clearly alleged in his complaint breach of a voluntarily assumed duty as a basis for his c. 93A claim.

Bangura v. Department of Veteran Affairs

District Court, D. Massachusetts · Sep 26, 2018

If, however, she was not constructively discharged at that time, the VA clearly had grounds to terminate her employment after she was absent from work for a year. … To make out a prima facie case of disability discrimination, the Plaintiff must prove by a preponderance of the evidence that: (1) she was disabled within the meaning of the statute; (2) she was qualified to perform the

Woods v. Alina's Real Estate, LLC

United States Bankruptcy Court, D. Massachusetts · Feb 4, 2020

In the First Circuit, it is axiomatic that “emotional damages qualify as ‘actual damages’” under § 362(k), and that, in appropriate circumstances, “[a]n honest accounting of actual damages ... must include the psychological … Rather, the Debtor was forcibly removed from her home and temporarily deprived of many of her personal possessions as a result of the eviction — an action that clearly ran afoul of § 362(a), which enjoins both “the

Commonwealth v. Giles

353 Mass. 1 · Massachusetts Supreme Judicial Court · Jun 22, 1967

In our view, the majority's discussion of count 2 falls far short of establishing the coincidence of these several facts. … In addition, our examination convinces us that, on any view of the record, the essential coincidence of these several facts cannot be established.

Commonwealth v. Howard

469 Mass. 721 · Massachusetts Supreme Judicial Court · Oct 2, 2014

There is nothing in the language of the defendant's entire statement, "I would like to stop at that point, because it [be]comes more intricate now and who knows what's going to happen," that qualifies or limits it to a … Or you may not draw 28 The 1999 version of the Model Jury Instructions on Homicide (1999) reflects this point, and the 2013 version does so even more clearly.

Lotus Development Corp. v. Paperback Software International

740 F. Supp. 37 · District Court, D. Massachusetts · Jun 28, 1990

Taking account of all three elements of the legal test, I determine that copyright-ability of the user interface of 1-2-3 is established. VI. … Oman, 888 F.2d at 882 (“Video games, case law confirms, rank as 'audiovisual works’ that may qualify for copyright protection.”); Midway Manufacturing Co. v. Artic International, Inc., 704 F.2d 1009, 1012 (7th Cir.)

Inner-Tite Corp. v. Brozowski

27 Mass. L. Rptr. 204 · Massachusetts Superior Court · Apr 14, 2010

Brozowski was privy to Inner-Tite data that qualifies as protectable confidential information and must, therefore, be bound by the Secrecy Agreement. … This results in economic stability, which is clearly in the public interest. “It is in society’s best interest to recognize and enforce agreements which were voluntarily entered into and accepted.

Bose Corp. v. JBL, Inc.

98 F. Supp. 2d 80 · District Court, D. Massachusetts · Apr 14, 2000

. § 112 because the term “substantially” rendered the claim indefinite; that is, it did not “enable one skilled in the art to reasonably establish what may be construed as being within the metes and bounds of the term of … First, as to the Glastonbury II port, Bose disputes whether that port qualifies as pri- or art.

Palomar Technologies, Inc. v. MRSI Systems, LLC

District Court, D. Massachusetts · May 4, 2020

Kunin therefore clearly started with the assumption that Isaacs had been located, and that it was the jumping-off point for the searches that located Harigane. … The evidence, taken as a whole, is sufficient to establish the following by a preponderance of the evidence: 1.

Commonwealth v. Fisher

Massachusetts Supreme Judicial Court · Sep 20, 2023

Evelyn, supra ("We . . . attempt to focus attention on the issue of race, while not establishing bright-line rules that potentially could do more harm than good"). b. Dismissal of jurors. … See Benoit, supra ("juror's slip of the tongue" in her use of term "prosecute" rather than "convict" did not qualify as race-neutral basis to exercise peremptory challenge).

Lippman v. Town of Grafton

District Court, D. Massachusetts · Mar 22, 2022

However, because the Defendants did not clearly delineate the remedies which were available to the Plaintiffs and it is not readily apparent to the Court what those remedies were, the Court has determined the more prudent … To establish a claim under section 1983, Plaintiffs must establish that a person acting under the color of law denied them of a right secured by the constitution or by federal law.

Conning v. Halpern

District Court, D. Massachusetts · Apr 22, 2021

As Defendants note, [ECF No. 95 at 10], Plaintiff is clearly aware of these meetings and call. … Plaintiff carries “the burden of establishing abuse.” Id. at 393.

Doe v. Stonehill College, Inc.

District Court, D. Massachusetts · Feb 23, 2021

Roe’s self-described state of intoxication plainly failed to qualify as incapacitation under the Policy. This issue fails to plausibly allege a claim of articulable doubt. … The Sexual Misconduct Policy establishes that a person who wishes to engage in sexual activity must have the consent of their partner.

United States Filter Corp. v. Ionics, Inc.

68 F. Supp. 2d 48 · District Court, D. Massachusetts · Oct 8, 1999

Considering the factors established in Custom Accessories, I conclude that plaintiffs’ suggestion is apt in part. … Gittens may have been one who could qualify to give testimony about characteristics of one of ordinary skill in the art of electro deionization apparatuses. But in 1989 he no longer qualifies.

T. L. v. Kijakazi

District Court, D. Massachusetts · Jan 3, 2024

To qualify for DIB or SSI, the claimant must demonstrate that he or she is “disabled” within the meaning of the Social Security Act. 42 U.S.C. §§ 1382(a)(1), 1382c(a)(3). … 1986); see also SSR 16-3p, 2017 WL 5180304, at *10 (“The determination or decision must contain specific reasons for the weight given to the individual’s symptoms, be consistent with and supported by the evidence, and be clearly

Imamura v. General Electric Company

District Court, D. Massachusetts · Apr 8, 2019

The ADR Center is a public mediation forum established under Japanese law. It is therefore independent from TEPCO, and TEPCO cannot unilaterally withdraw. … The Foreign Sovereign Immunities Act likely renders the Japanese government beyond the reach of the Court as well. See 28 U.S.C. § 1602.

Glynn Hospitality Group, Inc. v. RSUI Indemnity Company

District Court, D. Massachusetts · Nov 12, 2021

Verveine, 2020 WL 8766370, at *4 (noting that “[i]t would be unreasonable for any insured to read a policy containing [a loss of use] exclusion as nonetheless providing coverage for loss of use based on a separate provision clearly … First, as established above, the mere presence of the COVID-19 virus does not qualify as “damage” under the Policy so the civil authority provision could not have been triggered in the first instance.

Commonwealth v. Silva-Santiago

453 Mass. 782 · Massachusetts Supreme Judicial Court · May 15, 2009

The latter may have been established if the source of the street information was ascertained and determined to be reliable, if there was other information that potentially linked Mercado to the crime, or if Mercado met the … Bruneau was the only one of the three to make a positive identification, and he qualified his identification with statements to the effect that he only got a “glance” at the shooter and “didn’t really see his face.”

Univ. Trading & Inv. Co., Inc. v. Bureau for Representing UA Int. in Int'l & Foreign Courts

District Court, D. Massachusetts · Jun 1, 2022

Specifically, I held that I had jurisdiction to hear UTICo’s claims against Ukraine under the commercial activity exception to sovereign immunity under the Foreign Sovereign Immunities … UTICo established through evidence that Lady Lake was held through the bear[er] shares and was under Lazarenko’s control.

The Satanic Temple, Inc. v. City of Boston

District Court, D. Massachusetts · Apr 6, 2022

Following Plaintiff’s filing of the aforementioned letter objection and explanatory letter, Plaintiff filed opposition focusing heavily on the question of whether and when Mayor Wu would qualify as a “high-ranking government … to commit to producing Mayor Wu as part and parcel of the parties’ attempted negotiations to amend the noticed deposition date and therefore avoid filing of the present motion on an emergency basis, though it was not clearly