Case law

Wisher v. Coverdell

782 F. Supp. 703 · District Court, D. Massachusetts · Jan 27, 1992

The program was established by the United Nations General Assembly in December 1970, maintains its headquarters in Geneva, and is administered by the United Nations Development Program (“UNDP”). … A waiver of the government’s sovereign immunity must be unequivocally expressed and not impliéd. See Library of Congress v. Shaw, 478 U.S. 310 , 106 S.Ct. 2957 , 92 L.Ed.2d 250 (1986).

Abbott GmbH & Co. v. Centocor Ortho Biotech, Inc.

870 F. Supp. 2d 206 · District Court, D. Massachusetts · May 4, 2012

Because "{a] person must contribute to the conception of the claimed invention to qualify as a joint inventor," Vanderbilt Univ. v. … Centocor’s Motion for Summary Judgment No. 5, that the Joe antibodies qualify as prior art, is DENIED; 8.

Bird v. Demers

District Court, D. Massachusetts · Sep 13, 2019

Defendants have moved for summary judgment, based principally on the ground that they are entitled to qualified immunity. … Qualified Immunity Generally The doctrine of qualified immunity protects public employees “from liability for civil damages insofar as their conduct does not violate clearly established statutory

Moses v. Dennehy

523 F. Supp. 2d 57 · District Court, D. Massachusetts · Nov 19, 2007

No. 24]. 1 Dennehy brought the present motion on May 31, 2007, requesting summary judgment as matter of law under Fed.R.Civ.P. 56 that the prison regulation is constitutional and that they are entitled to qualified immunity … Qualified Immunity As this Court holds that 103 CMR 481 is valid on its face and in its application, the Court need not address whether the defendants are entitled to qualified immunity. D.

Beth Israel Hospital Ass'n v. Board of Registration in Medicine

401 Mass. 172 · Massachusetts Supreme Judicial Court · Nov 23, 1987

to testify about the PRC proceedings. 7 These protections of PRC activities do not apply to board proceedings. *175 Following the enactment of c. 351 the board adopted regulations establishing the outlines of a Qualified … (3) The health care facility and medical staff bylaws shall authorize the establishment of the following elements of a Qualified Patient Care Assessment Program: (a) The development and implementation of an incident reporting

RCN-BecoCom, LLC v. Commissioner of Revenue

443 Mass. 198 · Massachusetts Supreme Judicial Court · Jan 6, 2005

If bundled service providers with substantial telephone business cannot qualify as telephone companies under G. … The limited liability company originally was formed *201 to qualify as a competitive local exchange earner under the 1996 Telecommunications Act, 47 U.S.C. §§ 251-253 (2000), to compete with established telecommunications

St. John's Nursing Home, Inc. v. City of New Bedford (In Re St. John's Nursing Home, Inc.)

169 B.R. 795 · District Court, D. Massachusetts · May 19, 1994

Nowhere does the statute so qualify the type of tax refunds under contemplation, however. … Dalm, 494 U.S. 596 , 110 S.Ct. 1361 , 108 L.Ed.2d 548 (1990), where the Supreme Court has recently stated: Under settled principles of sovereign immunity, “the United States, as sovereign, 'is immune from suit, save as it

Glaser v. Chief Justice for Administration & Management of the Trial Court

416 Mass. 659 · Massachusetts Supreme Judicial Court · Dec 23, 1993

presiding justices to make arbitrary appointments notwithstanding the Legislature’s concern that appointments to high-level positions within the judicial system’s probation service be based on candidates’ compliance with clearly … Administrative Order No. 4, and its attachments, provide for the assessment of the needs of probation offices, establish a recruitment process, and establish a process for evaluating candidates for the position of chief probation

Grigalauskas v. United States

103 F. Supp. 543 · District Court, D. Massachusetts · May 3, 1951

This case is clearly not the usual type of action brought under the Federal Tort Claims Act, 28 U.S.C.A. § 2671 , et seq. … If, on the other hand, the defense of “charitable hospital” is not established, the plaintiffs are entitled to prevail.

Gammons v. Massachusetts Department of Housing & Community Development

523 F. Supp. 2d 76 · District Court, D. Massachusetts · Nov 28, 2007

Defendants have not briefed or pressed the defense of qualified immunity on behalf of the individual defendants. … For this reason, the Court defers consideration of whether any of the defendants are entitled to qualified immunity until such briefing and a full record is before the Court.

Chan v. Cirilli

District Court, D. Massachusetts · Nov 22, 2022

right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct.” … “If either of the two prongs is not met—i.e., if the facts do not show a constitutional violation or the right in question was not clearly established—the officer is immune.

Patterson v. Christ Church

85 Mass. App. Ct. 157 · Massachusetts Appeals Court · Apr 3, 2014

Consequently, the defendants are entitled to immunity from the negligence claims as a matter of law under G. L. c. 21, § 17C. 8 2. … Indeed, if this were true, any lessor who qualified for protection but earned an economic benefit from the lease would be barred from asserting the statute as a defense.

Chambers v. RDI Logistics, Inc.

33 Mass. L. Rptr. 190 · Massachusetts Superior Court · Oct 26, 2015

While the court finds that there is clearly ample evidence in the summary judgment record to establish genuine issues of material fact precluding summary judgment in favor of the plaintiff, it is unnecessary for the court … The court further stated that it was not immunizing carriers from all state economic regulations, but rather, was “. . . following Congress’s directive to immunize motor carriers from state regulations that threaten to unravel

Boston Professional Hockey Ass'n, Inc. v. Cheevers

348 F. Supp. 261 · District Court, D. Massachusetts · Sep 28, 1972

His abilities are rated as outstanding by Coach Tom Johnson of the Bruins and by any qualified observer of professional hockey players. … The Bruins argue that the existence of a valid collective bargaining relationship immunizes certain practices common to professional sports from the scope of the antitrust laws.

Kewley v. Department of Elementary and Secondary Education

86 Mass. App. Ct. 154 · Massachusetts Appeals Court · Aug 22, 2014

Substantive due process requires the government to establish a rational basis for the deprivation or the diminution of such licensure. See Williamson v. … Wachusett's exercise of that lawful discretionary authority (by the school committee or administrators) is immune from any requested affirmative injunctive order compelling the issuance of a contract to Kewley.

McNamee v. Jenkins

8 Mass. L. Rptr. 433 · Massachusetts Superior Court · Apr 29, 1998

As public officials or persons with a common interest, defendants enjoy a conditional or qualified privilege that “immunizes [them] from liability unless [they] acted with actual malice ... or unless there is unnecessary, … Because defendants have met their burden of establishing a qualified privilege and because the plaintiff has not met his burden of proving that defendants abused their privilege, summary judgment for Jenkins and Chinal as

D'Ambrosio v. Methuen, City of

District Court, D. Massachusetts · Mar 31, 2019

To avoid summary judgment based on a qualified immunity defense, D’Ambrosio must show that: (a) defendants violated his constitutional rights; and (b) “these rights were so clearly established that a reasonable officer … Was the Fourth Amendment Right Clearly Established?

Bingo Innovative Software, LLC v. Cahill

28 Mass. L. Rptr. 449 · Massachusetts Superior Court · Jun 9, 2011

In contrast to the complaint in O’Malley , BIS’s complaint clearly alleges personal liability against Cahill and Cavanagh in their individual capacities. … Accordingly, Cahill and Cavanagh have not established that they were sued in an improper capacity.

Minnefield v. McIntire

11 Mass. L. Rptr. 369 · Massachusetts Superior Court · Feb 14, 2000

The plaintiffs contend that sovereign immunity is not implicated here because they do not look to the Court to award them these retrospective benefits. … However, such a declaration cannot, by itself, establish an underpayment.

Carr v. Howard

426 Mass. 514 · Massachusetts Supreme Judicial Court · Jan 22, 1998

Pursuant to Chapter 351, the board of registration in medicine promulgated regulations, effective July 24, 1987, establishing guidelines for a qualified patient care assessment program (QP-CAP) tó be implemented by hospitals … In 1987, the board adopted regulations establishing a qualified patient care assessment program (“QPCAP”). See 243 Code Mass. Regs. §§ 3.00 et seq. (1987); Beth Israel Hosp. Ass’n, supra at 175.