14 Cited authorities

Watterson v. Page
987 F.2d 1 (1st Cir. 1993) Cited 1,387 times
Holding that an allegation that a psychologist and a state social worker conspired to present false testimony and withhold material evidence from the court failed because all witnesses at judicial proceedings have an absolute immunity from damages liability based on their testimony
Electrical Workers v. Foust
442 U.S. 42 (1979) Cited 375 times
Holding that the weight of authority finds that punitive damages are private fines levied by civil juries
Correa-Martinez v. Arrillaga-Belendez
903 F.2d 49 (1st Cir. 1990) Cited 780 times
Holding that futile amendments need not be allowed
In re Colonial Mortgage Bankers Corp.
324 F.3d 12 (1st Cir. 2003) Cited 461 times
Holding that a judge may dismiss a case based on the affirmative defense of claim preclusion if the defense is disclosed in “the complaint, the documents (if any) incorporated therein, matters of public record, and other matters of which the court may take judicial notice”; and (b) “the facts so gleaned ... conclusively establish the ... defense”
Chongris v. Board of Appeals of Town of Andover
811 F.2d 36 (1st Cir. 1987) Cited 319 times
Holding that revocation of building permit without affording applicants an opportunity to cross-question witnesses is not a denial of procedural due process
Cooperman v. Individual Inc.
171 F.3d 43 (1st Cir. 1999) Cited 213 times
Holding that the departure of the defendant company's CEO in July 1996 supported a reasonable inference that material information regarding conflict within the board of directors was omitted from March 1996 offering materials, because “[o]ur experience indicates that Board-level conflicts ... do not arise or disappear overnight”
Arruda v. Sears Roebuck Company
273 B.R. 332 (D.R.I. 2002) Cited 31 times
Noting that bankruptcy discharge does not eliminate the debt but discharges only the personal obligation to pay it
Nelson v. Piedmont Aviation, Inc.
750 F.2d 1234 (4th Cir. 1984) Cited 20 times
Ruling that section 2, Fifth was inapplicable since the "appellant [made] no claim that [the employer] attempted to extract any promises from him in violation of this provision"
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 487,542 times 692 Legal Analyses
Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 346,412 times 923 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 151 - Definitions; short title
45 U.S.C. § 151 Cited 2,947 times 7 Legal Analyses
Defining "minor dispute" as disputes "growing out of grievances or out of the interpretation or application of agreements covering rates of pay, rules, or working conditions."
Section 152 - General duties
45 U.S.C. § 152 Cited 1,249 times 1 Legal Analyses
Imposing the duty not only to "maintain" agreements but also to "make" them
Section 151a - General purposes
45 U.S.C. § 151a Cited 499 times
Describing the “[g]eneral purposes” of the Act
Section 12:11 - Annual report of cases handled
Mass. Gen. Laws ch. 12 § 11 Cited 80 times
He shall make an annual report showing the number of cases tried, argued or conducted by him during the preceding fiscal year, with suggestions and recommendations as to the amendment and the proper and economical administration of the laws. He shall include in his annual report a statement of his acts under section nine, with suggestions and recommendations relative thereto. He may, with the approval of the governor and council, prepare and publish such reports of capital trials as he deems expedient

Carmack v. Massachusetts Bay Transportation Authority et al

14 Cited authorities

Holding that an allegation that a psychologist and a state social worker conspired to present false testimony and withhold material evidence from the court failed because all witnesses at judicial proceedings have an absolute immunity from damages liability based on their testimony

Holding that the weight of authority finds that punitive damages are private fines levied by civil juries

Holding that futile amendments need not be allowed

Holding that revocation of building permit without affording applicants an opportunity to cross-question witnesses is not a denial of procedural due process

Noting that bankruptcy discharge does not eliminate the debt but discharges only the personal obligation to pay it

Ruling that section 2, Fifth was inapplicable since the "appellant [made] no claim that [the employer] attempted to extract any promises from him in violation of this provision"

Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Defining "minor dispute" as disputes "growing out of grievances or out of the interpretation or application of agreements covering rates of pay, rules, or working conditions."

Imposing the duty not only to "maintain" agreements but also to "make" them

Describing the “[g]eneral purposes” of the Act