Case law

Williams et.al.v. Devos

District Court, D. Massachusetts · Oct 24, 2018

Treasury has established regulations that govern what must be done before a debt may be referred to TOP. … U.S.C. § 704 (allowing judicial review of agency action “for which there is no other adequate remedy in a court”), and because claims for money damages are not allowed under the APA, 5 U.S.C. § 702 (waiving sovereign immunity

Fattman

District Court, D. Massachusetts · Mar 6, 2026

The plaintiff bears the burden to establish that the federal court has subject-matter jurisdiction. Klimowicz v. Deutsche Bank Nat’l Tr. Co., 907 F. 3d 61, 64 (1st Cir. 2018). … However, § 636(b)(1)(A) also gives district judges the authority to review or reconsider any non-dispositive pretrial matter “where it has been shown that the magistrate judge’s order is clearly erroneous or contrary to

Hayes v. Massachusetts Bay Transportation Authority

District Court, D. Massachusetts · Oct 27, 2020

The Supreme Court has explained that a private entity can qualify as a state actor under a few limited circumstances that include: “(i) when the private entity performs a traditional, … established public policy.”

Anderson v. Attorney General

479 Mass. 780 · Massachusetts Supreme Judicial Court · Jun 18, 2018

The problem with this is that, at the time of the 1917-1918 Constitutional Convention, this court had established that a taxing provision establishing a source of funds, and a spending provision, could be separated. … The two subjects in this petition are clearly not 'mutually dependent.' In fact, the opposite seems true.

Radford Trust v. First Unum Life Insurance Co. of America

399 F. Supp. 2d 3 · District Court, D. Massachusetts · Nov 15, 2005

preparation of a brief motion to supplement the record, a two-page response concerning the statement of undisputed facts, and a ten-page reply memorandum in pursuit of a successful motion for partial summary judgment is not clearly … To the extent that Doe remains qualified for continuing receipt of disability benefits after this date, he must comply with such requirements as the Policy imposes.

United Technologies Corp. v. Liberty Mutual Insurance

2 Mass. L. Rptr. 197 · Massachusetts Superior Court · Jun 9, 1994

Once the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts establishing the existence of a genuine issue of material fact in order to defeat the … In order to prevail on their motion, Liberty Mutual must establish that it is unlikely that UTC will be able to establish the following essential elements at trial.

Tuli v. Brigham & Women's Hospital, Inc.

566 F. Supp. 2d 32 · District Court, D. Massachusetts · Jul 2, 2008

The McDonnell Douglas Framework Under the burden-shifting framework set forth in McDonnell Douglas , a plaintiff establishes a presumption of gender discrimination by establishing 1) that she is a member of a protected class … ; 2) that an adverse employment action was taken against her; 3) that she was otherwise qualified for the position; and 4) that a similarly situated male was treated differently.

Panagopoulos v. Genuine Food Lab, LLC

District Court, D. Massachusetts · Nov 2, 2022

The test to determine whether an individual qualifies as an employee, as set forth in Mass. Gen. … Defendants counter that he grossly overstates his 1 The Court notes that the testimony cited by Plaintiff does not clearly indicate that his activities were controlled by officers of the Company.

Emigrant Residential LLC v. Pinti

District Court, D. Massachusetts · Dec 18, 2023

Emigrant contends that its status as a noteholder is sufficient to establish standing to strike the mistaken discharge. … Defendants Adduced No Evidence of Fraud on the Court “A ‘fraud on the court’ occurs where it can be demonstrated, clearly and convincingly, that a party has sentiently set in motion some unconscionable scheme

Kong v. United States

District Court, D. Massachusetts · Mar 23, 2021

USINS Emps., 164 F.3d 936, 943 (5th Cir. 1999) (“[C]laims that clearly are included within the definition of ‘arising from’ ... … Because the ICE agents violated the mandatory stay, the Government does not enjoy the immunity of Section 1252(g).” Id. Similarly, in Arce v.

Desmond v. Northern Ocean Liquidating Corporation fka Norther

United States Bankruptcy Court, D. Massachusetts · Apr 1, 2024

In the alternative, it appears that if any baseline is capable of being established, the Trustee contends that the Court should establish a baseline period prior to the time when evidence suggests that NOLC was aware … Fyfe, Inc., 891 F.2d at 67–71 (affirming the district court’s finding that the challenged transfers were not made within the ordinary course of business when the new arrangement “was clearly intended to control the [debtor

Skinner Inc. v. Li

District Court, D. Massachusetts · Mar 10, 2022

In Owen, the Massachusetts Court of Appeals cited cases in which “a waiver was established by the conduct of the parties as they continued to deal after the expiration of the deadline” and in which “a waiver was established … Dealers, museums, and other qualifying parties may be exempt from sales tax upon submission of proper documentation.”).)

Commonwealth v. Escobar

Massachusetts Supreme Judicial Court · Mar 20, 2024

Rosario, 422 Mass. 48, 56 (1996), we established a bright-line rule governing the admissibility of statements made by defendants awaiting arraignment. … "Where a qualified expert has identified sufficient individual characteristic toolmarks reasonably to offer an opinion that a particular firearm fired a projectile or cartridge casing recovered as evidence, the expert

Doyle

District Court, D. Massachusetts · Jan 21, 2026

Although time spent performing deliveries for an employer is “clearly compensable” work under FLSA, see Lawson v. Grubhub, Inc., 665 F. Supp. 3d 1108, 1127 (N.D. … Thus, each of Plaintiffs’ unpaid overtime claims would require separate evidence to establish liability.

Millipore Corporation v. Wl Gore & Associates, Inc.

750 F. Supp. 2d 253 · District Court, D. Massachusetts · Sep 20, 2010

The silicone seal, i.e., the equivalent of the cap in the Accused Products, is clearly a structure separate from the rigid rod, i.e., the equivalent of the elongate member in the Accused Products. … This finding alone is sufficient to establish that the Accused Products do not literally infringe Claims 1 and 5 of the477 Patent. See Becton, Dickinson and Co. v.

Gupta v. Jaddou

District Court, D. Massachusetts · Sep 27, 2023

Department of Labor (“DOL”) demonstrating that there are no able, willing, qualified, and available U.S. citizens to fill a particular position. … Plaintiffs assert that § 1252(a)(2)(B)(ii) does not clearly preclude review of inaction. Pl.’s Resp. 4 [Doc. No. 64].

Gutwill v. Framingham

District Court, D. Massachusetts · Jan 22, 2020

But even if Gutwill can establish that Moore’s finding were incorrect, he has not proffered evidence from which a jury could find that Moore made these findings because of his protected activities or that Defendants were … Dep’t, 272 F.3d 63, 67 8 Defendant Chief Ferguson also asserts that he is protected by qualified immunity. The court does not reach this issue. (1st Cir. 2001)).

USA, ex. rel., William St. John LaCorte, M.D. v. Wyeth

District Court, D. Massachusetts · Dec 14, 2023

Rule 702 provides that a witness may be qualified as an expert if his or her “scientific, technical, or other specialized knowledge will help the trier of fact to understand the … The record, however, does not establish that what Dr. LaCorte wrote about actually happened.

Preferred Mutual Insurance Company v. Barros Company Inc

District Court, D. Massachusetts · Aug 20, 2018

The record clearly contains sufficient factual support for plaintiff’s theory concerning the cause of the explosion. … To establish such a claim, a plaintiff bears the burden of proving “a defect in the product or an unreasonably dangerous condition which existed at the time the product left the [manufacturer's] control.” Enrich v.

Karimi v. Town of Brookline

District Court, D. Massachusetts · Jun 1, 2022

A plaintiff may establish such pretext and animus in a variety of ways. … Karimi’s performance problems clearly began well before the events underlying this action.