Case law

Twin Fires Investment, LLC v. Morgan Stanley Dean Witter & Co.

15 Mass. L. Rptr. 542 · Massachusetts Superior Court · Dec 23, 2002

While Waldron Rand had not yet billed Twin Fires for this work in view of what transpired, it constitutes at least a prospective liability of Twin Fires and therefore qualifies as compensable reliance damages. … It is well-settled that, under Section 12 of the Securities Act of 1933, 15 U.S.C. §771 , the federal counterpart to G.L.c. 110A, §410(a)(2), “(t]he purchase requirement clearly confines §12 liability to those situations

Furey v. Saul

District Court, D. Massachusetts · Nov 13, 2020

Furey had only mild and moderate limitations and, therefore, could not qualify under the “paragraph B” criteria. [Id.]. As to whether Ms. … Furey could qualify based on the “paragraph C” criteria, which requires that a mental disorder be “serious and persistent,” ALJ Klibaner found that the evidence failed to establish the presence of the “paragraph C” criteria

Noonan v. Wonderland Greyhound Park Realty LLC

723 F. Supp. 2d 298 · District Court, D. Massachusetts · Jul 8, 2010

Noonan fails to establish that notice was made in conformity with section 11.1 regarding any such nonpayment as a matter of law. … Again, Noonan fails to establish such notice as a matter of law.

SEAFREEZE SHORESIDE, INC. v. UNITED STATES DEPARTMENT OF THE INTERIOR

District Court, D. Massachusetts · Oct 12, 2023

endangered species in which the association’s member established a demonstrable interest). … However, Plaintiffs have not established standing as to these challenges.

United States v. DePuy Orthopaedics, Inc.

District Court, D. Massachusetts · Dec 8, 2021

On July 6, 2021, the court denied DePuy’s motion, stating its finding “that DePuy has failed to establish that any information in the Second Amended Complaint (SAC) that previously may have been restricted was not in the … “Without a doubt, the disregard of court orders qualifies as extreme behavior . . . .” Malot, 478 F.3d at 44.

Purdue Pharma, L.P. v. Collegium Pharmaceutical, Inc. <b><font color="red"> LEAD CASE</font></b>

District Court, D. Massachusetts · Sep 28, 2018

At a minimum, Purdue’s response to the examiner did not clearly disclaim all other forms of oxycodone, including oxycodone myristate. … In other words, if a drug contains a pharmaceutical excipient (component D) with an excipient function (function Z) that also happens to irritate when the product is abused, that excipient would not qualify

United States v. Sampson

820 F. Supp. 2d 151 · District Court, D. Massachusetts · Oct 20, 2011

Therefore, to qualify as an impartial juror an individual must not have views or personal experiences that will prevent or substantially impair his or her ability to decide a matter based solely on the evidence. … Moreover, thinking of J and P damaged, if not destroyed, C’s general ability to think clearly and respond rationally, rather than with excessive emotion, about other matter’s.

Content Square SAS v. Decibel Insight Limited

District Court, D. Massachusetts · Jul 23, 2021

Statutory Framework An invention is generally patentable if it qualifies as a “new and useful process, machine, manufacture, or composition of matter.” 35 U.S.C. § 101. … Indeed, language in the relevant specification “clearly indicate[d] that the claims are directed to an improvement in the functioning of computers, particularly those with small screens.” Id.

Strahan v. Massachusetts Executive Office of Energy and Environmental Affairs

District Court, D. Massachusetts · Apr 30, 2020

Apr. 9, 2020) (“The statutory text itself harmonizes the ESA and the MMPA quite clearly by requiring that both be satisfied in the case of marine mammals”). … The relief fashioned by the court is designed to allow Defendants time to apply for and receive a determination on whether the state qualifies for an Incidental Take Permit under the criteria set forth by Congress in Section

Mullane v. Department of Justice

District Court, D. Massachusetts · Mar 19, 2021

“A predecisional document will qualify as ‘deliberative’ provided it (i) formed an essential link in a specified consultative process, (ii) ‘reflect[s] the personal opinions of the writer rather than the policy of the agency … b) Exemption 6 Exemption 6 protects from disclosure “personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal

Roy v. FedEx Ground Package Systems, Inc.

District Court, D. Massachusetts · Nov 27, 2018

Specifically, "for a case to qualify for class action treatment, it needs to meet the additional due process standards for class certification under Rule 23 – numerosity, commonality, typicality, adequacy 8 Plaintiffs … In addition, Defendant complains that Plaintiffs "seek to co-opt FedEx Ground communication channels (a compelled speech problem)" and do not clearly accept the costs of promulgating notice (Dkt.

AUI Partners LLC v. State Energy Partners LLC

District Court, D. Massachusetts · Jul 11, 2024

It is well established, however, that parallel litigation alone is not enough to warrant Colorado River abstention. Jiménez v. … “[S]tate and federal claims arising out of the same factual circumstances do not qualify as parallel if they differ in scope or involve different remedies.” vonRosenberg v.

Tharp v. Acacia Communications, Inc.

District Court, D. Massachusetts · Jun 15, 2018

A fair inference can be drawn that, if Acacia loses one of its large and profitable customers, the loss could severely impact its revenue and growth, an inference that was clearly outlined … The prospectus qualified these statements with cautionary language about the associated risk factors that could derail the expected results.

Medeiros v. Berryhill

District Court, D. Massachusetts · Aug 10, 2020

In other words, “[AOs] make limited and highly supervised decisions,” and clearly do not exercise the same authority as an ALJ. Id. … First, Medeiros asserts that the VE was not qualified to render an opinion in this case because she was not actively involved in placing individuals into jobs for the two years preceding the ALJ hearing. Doc.

Robins v. Berryhill

District Court, D. Massachusetts · Feb 25, 2020

On July 28, 2016, in discharging Plaintiff from PT services, the VNA therapist noted that Plaintiff was able to express complex ideas, feelings, and needs clearly, completely, and easily in all situations without an observable … The Legal Standard for Entitlement to DIB and SSI In order to qualify for DIB and SSI, a claimant must demonstrate that she is disabled within the meaning of the Act.

Teva Pharmaceuticals International GmbH v. Eli Lilly and Company

District Court, D. Massachusetts · Feb 24, 2021

The specification provides a range of possible levels of binding affinity and inhibition relative to the assays necessary for an antibody to qualify as an anti-CGRP antagonist antibody. … Given the burden on [Plaintiff] to establish indefiniteness by clear and convincing evidence, as well as the potentially dispositive and patent-invalidating effect of an indefiniteness finding, it is appropriate to defer

Rain Computing, Inc. v. Samsung Electronics Co., Ltd.

District Court, D. Massachusetts · Feb 12, 2020

Bill | 8370 FIG. 3 After powering up the client terminal (S300), associating with a network (S310), and finding and establishing … In distinguishing a prior art reference (Cover), the patentee stated that “Cover clearly discloses that streaming application manager 116 is a software application installed in the client system 102.

Hilti, Inc. v. HML Development Corp.

22 Mass. L. Rptr. 208 · Massachusetts Superior Court · Feb 13, 2007

A creditor does not qualify as a “judgment creditor” until the judgment enters. Smola v. Camara, 16 Mass.App.Ct. 908, 909 (1983). The objective of the Receiver should be that of estate maximization. Fleet Nat. … In order to minimize frivolous challenges, Rule 5(d) provides that a simple statement signed under the penalties of peijuxy will suffice to establish prima facie proof of service.

Palomar Technologies, Inc. v. MRSI Systems, LLC

District Court, D. Massachusetts · May 28, 2020

Invalidity Under 35 U.S.C. § 101 An invention is generally patentable if it qualifies as a “new and useful process, machine, manufacture, or composition of matter.” 35 U.S.C. § 101. … Here, the claims of the ’327 Patent, taken as a whole, are clearly directed to an abstract idea: placing an item at a final location more accurately by first moving it to an intermediate location.

Vazquez v. Saul

District Court, D. Massachusetts · Mar 30, 2022

The Legal Standard for Entitlement to SSI In order to qualify for SSI, a claimant must demonstrate that she is disabled within the meaning of the Act. … She made good eye contact, was cooperative, spoke expressively and clearly, and exhibited good insight and judgment (A.R. at 510).