Case law

Kevin Anderson

United States Bankruptcy Court, D. Massachusetts · Sep 4, 2019

As suggested by the enacting legislation’s title, “Giving Debtors the Ability to Keep Leased Personal Property by Assumption,” § 365(p) confers a benefit upon consumer debtors by establishing a simple mechanism for debtors … Div. 167 (1994) held that the car lease in that case did not qualify as a retail installment contract under Mass. Gen. Laws ch. 255B, § 1. See also, Aguiar v. Santander Consumer USA Inc., No.

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.

Negron v. Berryhill

District Court, D. Massachusetts · Mar 31, 2019

Negron argues in her Response that her impairments are listed in the regulations (in sections relating to the musculoskeletal system, neurological disorders, mental disorders, and immune system disorders). Ms. … Nov. 12, 2015) (remanding a case where new reports from a treating physician clearly show “new diagnoses, new symptoms, and an increase in severity of consider evidence from “other sources” but are not required to give

Shaffer v. IEP Technologies, LLC

District Court, D. Massachusetts · Aug 16, 2021

Please see my attached drawing to clearly show more detail. … the three written reprimands he received on October 11, 2017, “‘materially change[d] the conditions’ of [his] employment and thus [provides] no reason to think that [these reprimands] alone qualified

Sonate Corporation d/b/a Vegadelphia Foods v. Beyond Meat, Inc.

District Court, D. Massachusetts · Oct 29, 2025

A witness “qualified as an expert by knowledge, skill, experience, training or education” may offer expert testimony only if: the proponent demonstrates to the court that it is more likely … “[U]nder certain circumstances otherwise similar marks are not likely to be confused where used in conjunction with the clearly displayed name and/or logo of the manufacturer.” Astra Pharm.

Covington v. Biogen Inc.

District Court, D. Massachusetts · Jul 22, 2021

. ¶ 27, and played a role in the Plan’s Qualified Default Investment Alternative (“QDIA”). Id. ¶ 29. … “[T]o plausibly establish a claim for a breach of duty to monitor, a plaintiff must allege facts plausibly establishing that no reasonable fiduciary would have maintained the investment.”

WILKINS v. GENZYME CORPORATION

District Court, D. Massachusetts · Sep 14, 2022

Plaintiffs plausibly allege that “‘[l]ow dosing’ a protein like Fabrazyme increases the likelihood that Fabrazyme will induce an immune response against Fabrazyme itself because the immune … Plaintiffs have not clearly alleged a defect.

Miller Investment Trust v. Morgan Stanley & Co. Incorporated

District Court, D. Massachusetts · Mar 30, 2018

If the auditor has concluded that “an illegal act has a material effect on the financial statements” and has not been disclosed, the auditor should “express a qualified opinion or an adverse … professional negligence, even where it extends to those in “near privity,” did not extend to investors who purchased securities through a private placement offered only to “qualified

Harvard Immigration and Refugee Clinical Program v. United States Department of Homeland Security

District Court, D. Massachusetts · Jul 21, 2023

Supp. 3d 428, 434 (S.D.N.Y. 2019) (citation omitted) (explaining that “an agency’s choice of search terms is not conclusive” and “[w]here challenged, agencies have to explain why certain search terms, clearly relevant, … Supp. 3d 1, 8 (D.D.C. 2016) (noting that courts “repeatedly have held that information connected to law enforcement databases qualifies for exemption under 7(E)”).

Enovate Medical, LLC v. Definitive Technology Group, LLC

District Court, D. Massachusetts · Jan 25, 2019

However, these terms all refer to objects that would clearly not be ‘holsters’ under any reasonable interpretation of the term.” DTG Reply at 1. … Enovate takes the position that the “opposite blind end” 9 A standalone gun case or tool case, for example, would not qualify as a holster.

Knox v. The Vanguard Group, Inc., et.al

District Court, D. Massachusetts · Jan 5, 2018

Under the circumstances, Vanguard’s requirements were clearly reasonable and did not breach the contractual requirements. … The attorney is merely an agent of the real party in interest and does not possess interests sufficient to qualify for real party in interest status.” Moore’s Federal Practice 3d § 17.10(4) (emphasis added).

Tina Degree v. Stephen Gendreau, et al.

District Court, D. Massachusetts · Dec 19, 2025

The Court disagrees that the state court’s rulings establish that there was probable cause to prosecute Plaintiff. … Mass. 2004) (rejecting argument that denial of summary judgment established probable cause to initiate civil case).

Riley v. Tencara, LLC (In Re Wolverine, Proctor & Schwartz, LLC)

447 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · Jan 21, 2011

(“WPS, Inc.”), “for use by prospective qualified acquirers ... in connection with their preliminary consideration of an acquisition of the Company....” … The fixing of the lower limit is the elusive boundary which cannot be clearly defined.

Singular Computing LLC v. Google LLC

District Court, D. Massachusetts · Dec 20, 2023

That nexus is established by Google’s internal documents. Furthermore, such testimony is essentially a lay opinion that is well within Dr. Khatri’s competency. … But Green’s response to that challenge is neither clearly unreasonable nor obviously unreliable.

AVENDANO v. BALZA

District Court, D. Massachusetts · Feb 25, 2020

G* misses Venezuela and clearly loves his mother. He is, as Balza said, a proud Venezuelan. [ECF No. 40, 12/11 Tr., Balza Testimony]. … Darsney was retained by Balza to assess whether G* qualifies as a mature child for purposes of the Hague Convention. [Id.].

Warren v. The Children's Hospital Corporation

District Court, D. Massachusetts · Jan 20, 2023

Warren began working at the Immune Disease Institute (IDI) in an at-will capacity as a postdoctoral researcher. (Dkt. No. 55, ¶ 3). … This clearly was not the parties’ intention.

Galego v. City of Fall River

District Court, D. Massachusetts · Nov 20, 2023

Mass. 2019) (officers entitled to qualified immunity on claim of failure to intervene in due process violation). … The first is clearly refuted by the case law above. The second has been made in the wrong forum; this court cannot alter Massachusetts common law.

Skinner Inc. v. Li

District Court, D. Massachusetts · Mar 2, 2023

Debordes Jackson explained that Skinner’s COS “clearly state that payment is due at the time the invoices [sic] is incurred” and that Mr. … Skinner argues that the statements were clearly false because none of the payments ever arrived (except the $111,940 payments that defendants claimed were made by mistake), and that the statements “were clearly made with

Glynn v. Martin Sports & Entertainment, LLC

District Court, D. Massachusetts · Mar 22, 2023

liability for one employee necessarily establishes liability for the entire class.” … Dumont of Feinberg, Dumont & Brennan, is qualified to pursue the case vigorously as he has practiced exclusively in the area of labor, employment, and employee benefits law since 1977.

Rhodes v. AIG Domestic Claims, Inc.

24 Mass. L. Rptr. 142 · Massachusetts Superior Court · Jun 4, 2008

First, the Court looks to the amount of special damages that would clearly be established at trial even if the juiy credited the defense experts rather than the plaintiffs’ experts. … Under such an interpretation, the plaintiffs would be able to establish some actual damages even though they suffered none.