§Why CasetextPricing

Allen v. Massachusetts Bay Transportation Authority et al

MEMORANDUM in Support re MOTION for Partial Summary Judgment

21 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,111 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,221 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  3. CSX Transportation, Inc. v. Easterwood

    507 U.S. 658 (1993)   Cited 1,032 times   4 Legal Analyses
    Holding state-law excessive speed claims are preempted by 49 C.F.R. § 213.9

  4. Mesnick v. General Elec. Co.

    950 F.2d 816 (1st Cir. 1991)   Cited 1,977 times
    Holding that plaintiff had not provided "direct or circumstantial" evidence to overcome summary judgment

  5. Lebron v. National Railroad Passenger Corp.

    513 U.S. 374 (1995)   Cited 391 times   3 Legal Analyses
    Holding that a corporation is subject to constitutional claims if, among other things, the government "retains for itself permanent authority to appoint a majority of the directors of corporation"

  6. Lafayette Place Associates v. Boston Redev. Auth

    427 Mass. 509 (Mass. 1998)   Cited 120 times
    Concluding that BRA is a public employer; analysis includes the fact that the BRA is similar to other planning and housing boards that are public employers and should be treated similarly

  7. Chapman ex Rel. Est. of Chapman v. Bernard's Inc.

    167 F. Supp. 2d 406 (D. Mass. 2001)   Cited 23 times
    Holding that an expert's "general engineering expertise" was sufficient where "the design defect at issue turns on the interaction of metal tubes, bolts, springs and various stressors thereon which seem . . . to be the subject of basic engineering expertise"

  8. Boston Housing Authority v. Howard

    427 Mass. 537 (Mass. 1998)   Cited 20 times
    Refusing to impose § 11 liability on the Boston Housing Authority while recognizing that it had been allowed to sue as a plaintiff under § 11 in prior cases

  9. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,589 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  10. Section 93A:2 - Unfair practices; legislative intent; rules and regulations

    Mass. Gen. Laws ch. 93A § 2   Cited 1,305 times   18 Legal Analyses
    Granting Massachusetts attorney general the authority to make rules and regulations interpreting section 2

  11. Section 93A:9 - Civil actions and remedies; class action; demand for relief; damages; costs; exhausting administrative remedies

    Mass. Gen. Laws ch. 93A § 9   Cited 897 times   10 Legal Analyses
    Requiring on its face that the "written demand" must "reasonably describ[e] the unfair or deceptive act or practice relied upon and the injury suffered"

  12. Section 20101 - Purpose

    49 U.S.C. § 20101   Cited 504 times   1 Legal Analyses
    Stating that the purpose of the entire FRSA statute “is to promote safety in every area of railroad operations and reduce railroad-related accidents and incidents”

  13. Section 1349 - Corporation organized under federal law as party

    28 U.S.C. § 1349   Cited 223 times
    Granting federal jurisdiction over corporations in which the United States is a majority shareholder

  14. Section 421 - Repealed

    45 U.S.C. § 421   Cited 218 times

    45 U.S.C. § 421 Pub. L. 103-272, §7(b), July 5, 1994, 108 Stat. 1379 Section, Pub. L. 91-458, title I, §101, Oct. 16, 1970, 84 Stat. 971, stated congressional declaration of purpose for this chapter. See section 20101 of Title 49, Transportation.

  15. Section 20103 - General authority

    49 U.S.C. § 20103   Cited 211 times   1 Legal Analyses
    Authorizing the Secretary of Transportation to regulate rail safety and security

  16. Section 229:2 - Wrongful death; damages

    Mass. Gen. Laws ch. 229 § 2   Cited 191 times   1 Legal Analyses
    Imposing liability for damages against " person who ... by his negligence causes the death of a person"

  17. Section 24301 - Status and applicable laws

    49 U.S.C. § 24301   Cited 87 times   1 Legal Analyses

    (a) STATUS.-Amtrak- (1) is a railroad carrier under section 20102(2) 1 and chapters 261 and 281 of this title; (2) shall be operated and managed as a for-profit corporation; and (3) is not a department, agency, or instrumentality of the United States Government, and shall not be subject to title 31. (b) PRINCIPAL OFFICE AND PLACE OF BUSINESS.-The principal office and place of business of Amtrak are in the District of Columbia. Amtrak is qualified to do business in each State in which Amtrak carries

  18. Section 121A:2 - Declaration of public necessity; acquisition and regulation of private property by urban development corporations

    Mass. Gen. Laws ch. 121A § 2   Cited 7 times

    It is hereby declared that blighted open, decadent or sub-standard areas exist in certain cities and towns in this commonwealth, and that each of such areas constitutes a serious and growing menace, injurious and inimical to the safety, health, morals and welfare of the residents of the commonwealth and the sound growth of the communities therein; that the existence of each of such areas contributes substantially to the spread of disease and crime, necessitating excessive and disproportionate expenditure

  19. Section 239.101 - Emergency preparedness plan

    49 C.F.R. § 239.101   Cited 3 times

    (a) Each railroad to which this part applies shall adopt and comply with a written emergency preparedness plan approved by FRA under the procedures of §239.201. The plan shall include the following elements and procedures for implementing each plan element. (1) Communication- (i) Initial and on-board notification. An on-board crewmember shall quickly and accurately assess the passenger train emergency situation and then notify the control center as soon as practicable by the quickest available means

  20. Section 239.3 - Application

    49 C.F.R. § 239.3

    (a) Except as provided in paragraph (b) of this section, this part applies to all: (1) Railroads that operate intercity or commuter passenger train service on standard gage track which is part of the general railroad system of transportation; (2) Railroads that provide commuter or other short-haul rail passenger train service in a metropolitan or suburban area (as described by 49 U.S.C. 20102(1) ), including public authorities operating passenger train service; and (3) Passenger or freight railroads