Case law

Abiomed, Inc. v. Maquet Cardiovascular LLC

District Court, D. Massachusetts · Sep 30, 2021

That order explained that “[b]y saying that the ‘elongate lumen’ claims are not satisfied unless the cannula is modified to accommodate a side lumen, Maquet has clearly and unmistakably (1) associated the ‘elongate lumen … Among other things, the statement does not in fact clearly convey the idea that the guide carriage lumen must be within the cannula sidewall to qualify as a “side-rigger” structure.

Taylor v. Grunigen

District Court, D. Massachusetts · Apr 26, 2022

Plaintiff’s claims that defendant failed to deliver the LLC’s final financials (and in accordance with GAAP) and failed to timely file the LLC’s tax returns clearly qualify as “disagreement[s … Plaintiff argues that “[t]he record clearly establishes [defendant]’s failure to maintain full, true, complete and accurate records and books of account” for the LLC.

Raposo v. Berryhill

District Court, D. Massachusetts · Mar 28, 2018

Claimant does not clearly identify which opinion of Dr. Rahman warranted more significant weight, as she only broadly references Dr. Rahman’s notes as a whole. … Green was “essentially cumulative” of the evidence that was already before the ALJ and therefore insufficient to establish an egregious error. Saenz, 61 F.

Moitoso v. FMR LLC

District Court, D. Massachusetts · Mar 27, 2020

The establishment of this Revenue Credit was a settlor act, as the design of a plan is a settlor function. … The decision by the Plan Fiduciaries not to monitor recordkeeping expenses was clearly negligent.

NextSun Energy Littleton, LLC v. Acadia Insurance Company

District Court, D. Massachusetts · Sep 30, 2020

The letter stated that this “does not qualify for coverage” and excerpted the energy-generating income portion of the insurance policy. (Id.). … At the first step, a causality requirement and link to physical loss clearly exist.

Fernandes v. Bouley

District Court, D. Massachusetts · Jul 25, 2022

Such “control” may be established through the existence of a principal-agency relationship. Id. … Id.18 Bordanaro and Foley bind this court, and their reasoning clearly applies to Fernandes’ supervisory liability claim. See Quinn v.

Agosto Vega v. Saul

District Court, D. Massachusetts · Sep 13, 2022

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 Social Security Act. … Plaintiff established care with Katherine Krauskopf, M.D., at the Worthington Clinic on July 27, 2017 (A.R. at 1341).

United States v. Regeneron Pharmaceuticals, Inc.

District Court, D. Massachusetts · Dec 4, 2020

But Celgene is of course not binding upon this Court, and in any event is clearly distinguishable. … Nor can defendant establish at this stage that its intent was categorically proper based on the “safe harbor” described in the 2005 HHS-OIG guidance.

USA ex rel, Morgan-Lee v. The Whittier Health Network, LLC

District Court, D. Massachusetts · Nov 13, 2023

Morgan-Lee’s testimony that there were some instances, at least, when TRM employees manipulated therapy hours in order to qualify for higher reimbursement rates. … A submission to the government need not be direct to establish liability for a false claim under the FCA.

Culley v. Bank of America, N.A.

District Court, D. Massachusetts · Mar 29, 2019

Rather, the record establishes ownership interests in Gateway and Bank of America only. … Second, despite Plaintiffs’ allegations to the contrary, the Affidavit of Sale establishes that public proclamations adjourned the sale two times.

Rosenberg v. LoanDepot.com LLC

District Court, D. Massachusetts · Jan 24, 2020

The FCC has used that authority to issue regulations defining the TCPA’s reach including what technology qualifies as an ATDS. … As explained by the Supreme Court, “[i]t is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined.” Grayned v.

Brownell v. Social Security Administration

District Court, D. Massachusetts · Jun 27, 2018

Standard for Entitlement to Disability Benefits In order to qualify for SSI benefits, the claimant must demonstrate that he is “disabled” within the meaning of the Social Security Act. … The claimant has the burden of providing evidence to establish how his impairments limit his RFC. 42 U.S.C. § 423(d)(5)(A) (“An individual shall not be considered to be under a disability unless he furnishes such medical

Bowers

District Court, D. Massachusetts · May 29, 2026

Plaintiffs have, however, met their burden in establishing that several of the bonus payments were excessive and a breach of fiduciary duty. … Although “an employer’s decision whether to terminate an ERISA plan is a settlor function immune from ERISA’s fiduciary obligations,” Beck v.

United States v. Hebshie

754 F. Supp. 2d 89 · District Court, D. Massachusetts · Nov 15, 2010

To be deficient, an attorney’s conduct must fall below an “objective standard of reasonableness” established by “prevailing professional norms.” Id. at 687-88 , 104 S.Ct. 2052 . … When it came time for Spinale to address the jury, he conceded Domingos’ qualifications (“a very qualified person ...

Humana, Inc. v. Biogen, Inc.

District Court, D. Massachusetts · Mar 31, 2023

And it some number of qualified candidates who needed MS therapy were diverted to Biogen therapies from less-expensive alternate therapies provided by another company.14 The complaint also alleges that Biogen “inflate … Apart from Exhibit A, the complaint clearly fails to state the mail and wire fraud predicates with the requisite detail.

Robles Soto v. Berryhill

District Court, D. Massachusetts · Sep 19, 2019

Standard for Entitlement to DIB In order to qualify for DIB, a claimant must demonstrate that he is disabled within the meaning of the Social Security Act.2 A claimant qualifies as … If an “underlying physical or mental impairment that could reasonably be expected to produce an individual’s symptoms is established, [the ALJ] evaluate[s] the intensity and persistence of those symptoms to determine the

Mastronardi v. Saul

District Court, D. Massachusetts · Mar 28, 2022

This date is relevant because an individual must become disabled during the period that he is insured by the program to qualify for SSDI benefits. … The ALJ’s opinion clearly shows that she reviewed the medical records from Drs.

Armata v. Berryhill

District Court, D. Massachusetts · Oct 4, 2018

Admin., 582 F.3d 647, 658 (6th Cir. 2009) ("[T]he ALJ's failure to rate the B criteria at step two of the five-step analysis was clearly harmless [because] the ALJ ultimately concluded that [the plaintiff] had a severe … "An 'other source,' such as a nurse practitioner . . . cannot establish the existence of a medically determinable impairment, though such a source may provide insight into the severity of an impairment, including its impact

Crowe v. Harvey Klinger, Inc.

District Court, D. Massachusetts · Dec 27, 2018

The email was entered as an exhibit at trial and clearly displays a timestamp of September 9, 2016, the day after the plaintiff’s resignation. (See Exhibit 27). … In sum, the record does not establish that the plaintiff was liable for any “breach of fidelity” prior to her resignation.

Lopardo v. Berryhill

District Court, D. Massachusetts · Mar 20, 2019

Standard for Entitlement to Disability Insurance Benefits In order to qualify for DIB, a claimant must demonstrate that she is disabled within the meaning of the Social Security Act.3 A claimant is disabled … The ALJ further determined that "the evidence fails to establish the 'paragraph C' criteria" (id. at 22).