Case law

Ryan

District Court, D. Massachusetts · Dec 30, 2025

As explained above, this suffices to establish personal jurisdiction over NEFCO GP I and NEFCO GP II. … Accordingly, “liability would clearly ‘attach . . . if an entity were to enter into a transaction for the sole purpose of discarding a used and no longer useful hazardous substance.’” Id.

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.”

United States v. Gonzalez

719 F. Supp. 2d 167 · District Court, D. Massachusetts · Jun 30, 2010

The inevitable discovery exception to the exclusionary rule does not qualify this conclusion. … He was not thinking clearly. Smith testified that after Gonzalez was handcuffed, he read Gonzalez his Miranda rights.

Cox v. Cox (In Re Cox)

247 B.R. 556 · United States Bankruptcy Court, D. Massachusetts · Mar 31, 2000

the portion of the divorce judgment pertaining to the division of marital assets, and ordered the Plaintiff to pay, with interest, $127,120.00 to the Debtor 2 and another $30,000.00 to her counsel; and (2) ordered that Qualified … Under Massachusetts law, in order to establish grounds for the imposition of a constructive trust, the plaintiff must also be able to trace the proceeds or profits of the corpus. See Boston Safe Deposit and Trust Co. v.

Leclair v. GlaxoSmithKline LLC

District Court, D. Massachusetts · Jun 1, 2021

It stated that “[its] position is that the use of [Zofran] in human pregnancy has not been established and is not recommended.” (Id.). … Therefore, these malformations would not qualify as adverse reactions.” (Id., Ex. 37 at 4051).

Alantra LLC v. Apex Industrial Technologies LLC

District Court, D. Massachusetts · Oct 19, 2022

Apex concluded that the asset sale to Fastenal was not a qualifying transaction under the Engagement Letter and declined to pay the requested transaction fee. … “To establish actual damages, plaintiffs must come forward with evidence to establish the existence of actual damages that they suffered that were directly and proximately caused by [the] breach.” Zurich Am.

Allstate Insurance Company v. Fougere

District Court, D. Massachusetts · Mar 28, 2022

The information that Allstate had was sufficient to establish the defendants’ breach of the confidentiality provisions of the EA Agreements. … Not surprisingly, the defendants argue that Allstate’s position on settlement was not clearly expressed to them.

The Bank of Canton v. McNamara

United States Bankruptcy Court, D. Massachusetts · Sep 18, 2020

The debtor clearly knew he had to list all his assets, even those he believed had a zero value, or he wouldn’t have listed his supposed valueless interest in Sparrell. … Hence, the dissipation of the stock’s value by the debtor could qualify as the destruction or removal of that property. See In re Hintze, 570 B.R. 369, 387-88 (Bankr. N.D.

Victim Rights Law Center v. DeVos

District Court, D. Massachusetts · Jul 28, 2021

Furthermore, by imposing mandatory dismissal requirements and more restrictive definitions, the Proposed Rule clearly narrows the scope of Title IX procedures compared to the Department’s … Such “archaic and overbroad generalizations” about women certainly would qualify as sex discrimination if they were present here.

United States v. Kandirakis

441 F. Supp. 2d 282 · District Court, D. Massachusetts · Aug 1, 2006

In its place, the Court established a standard of “reasonableness”. … That fact alone establishes their continuing importance ....

Sunningdale Ventures, Inc. v. Martin

District Court, D. Massachusetts · Mar 31, 2018

referenced this telephone conversation, recounting that in the conversation “we advised you that we would look at a possible workout option to see if you will qualify for the program.” … First, establishing promissory estoppel, or, under Massachusetts terminology, detrimental reliance, Loranger Constr. Corp. v. E. F.

Soo v. Bone Biologics Corporation

District Court, D. Massachusetts · Aug 12, 2020

In Section 3(b)(iii), the FPSA clearly defines the possible ways the agreement could be terminated for cause: (a) A material breach by [Plaintiffs] of this Agreement … Plaintiffs must therefore establish that MTFB does not qualify for the affiliate privilege because it acted outside of its shared economic interest with Bone. See, e.g., James Cable, LLC v. Millenium Digit.

ADOPTION OF IRMA (And Three Companion Cases).

Massachusetts Appeals Court · Aug 30, 2023

findings with substantial deference, recognizing her discretion to evaluate a witness's credibility and to weigh the evidence," Adoption of Nancy, 443 Mass. 512, 515 (2005), "and reverse only where the findings of fact are clearly … failing to pursue bits of 23 Because the mother denied tribal membership, and there is no claim that any of the biological fathers were members of an Indian tribe, the children did not qualify

Couch v. Berryhill

District Court, D. Massachusetts · Jun 3, 2019

It is well-established that when reviewing the ALJ's decision, the court should not consider additional evidence that was never presented to the ALJ. … Ishaque’s opinion is added to the mix, the ALJ's decision clearly becomes contrary to the weight of the evidence. However, Dr.

Carnevale v. The Boeing Company

District Court, D. Massachusetts · Feb 6, 2019

The fact that the jury reduced its award by a third establishes that it considered the issue of mitigation, and reasonably concluded that Ms. … (Id. at 56-57, 62-63).12 The jury was clearly focused on the issues in this case from the outset.

In Re Centennial Technologies Litigation

52 F. Supp. 2d 178 · District Court, D. Massachusetts · May 14, 1999

And, the courts have tended to read congressional statutes that impose tort-like liability to embrace at least some of these well established common law agency principles, where language permits and doing so furthers basic … Whenever a single person is reading deposition testimony, in order to enable *191 jurors and the reporter to understand clearly, the reader will say “Question” before each question is read and “Answer” . before each answer

Kendall v. Bureau of Prisons

District Court, D. Massachusetts · Oct 17, 2018

He also noted that the mass was “clearly getting smaller” and was 6 cm from the opening of the stoma “while [Plaintiff was] lying flat.” Id. Based on his observations, Dr. … He recommended three colorectal surgeons at Beth Israel Deaconess who are qualified to work with K-pouches: Peter Mowschenson, Vitaliy Poylin, and Tom Cataldo. Id. at 120:18-25. D.

Marion Family Chiropractic, Inc. v. Seaside Family Chiropractic, LLC

District Court, D. Massachusetts · Apr 4, 2022

The purchase included the existing client base and goodwill established over many years of operation. Id. ¶ 5. … Lastly, Marion Family has clearly alleged that Tam used improper means to acquire the information.

Securities and Exchange Commission v. Sharp

District Court, D. Massachusetts · Jun 17, 2024

See, e.g., Gasarch’s Opp’n 10 (“Clearly, given the length of time and the number of accounts and activities, Mrs. Gasarch was compensated for supporting Mr. … As such, the first four of the five violations by Kelln, this Court finds, qualify as Tier III violations.

Doe v. Attleboro Public Schools

960 F. Supp. 2d 286 · District Court, D. Massachusetts · Mar 14, 2013

As to the Morgan memorandum, the Court cannot say that the Hearing Officer’s findings, clearly articulated in the December 16 Decision, that she found Morgan to be a credible and persuasive witness are erroneous where she … A qualifying prevailing party under the IDEA is eligible to receive attorney’s fees, but is not “automatically entitle[d]” to the full amount spent throughout the course of the action or proceedings. Gary G. v.