23 Cited authorities

  1. McCarthy v. Northwest Airlines, Inc.

    56 F.3d 313 (1st Cir. 1995)   Cited 865 times
    Holding that plaintiff was not engaged in the course of "embarking" under the Convention, based on " the passenger's activity at the time of injury, his or her whereabouts when injured, and the extent to which the carrier was exercising control at the moment of injury"
  2. Meuser v. Federal Express Corp.

    564 F.3d 507 (1st Cir. 2009)   Cited 172 times
    Holding that "the non-moving party must offer 'definite, competent evidence to rebut the motion.' "
  3. Harvard Crimson v. President and Fellows of Harvard

    445 Mass. 745 (Mass. 2006)   Cited 145 times
    In Harvard Crimson, Inc. v. President & Fellows of Harvard College, 445 Mass. 745, 748 n.5, 840 N.E.2d 518 (2006), and Wallerstein v. Board of Bar Examiners, 414 Mass. 1008, 1009, 610 N.E.2d 891 (1993), this court acknowledged that when "an action for declaratory relief is properly brought and relief is denied on the merits, the action should not be dismissed" (citation omitted) and the rights of the parties should be declared.
  4. State of R.I. v. Narragansett Indian Tribe

    19 F.3d 685 (1st Cir. 1994)   Cited 183 times
    Holding that the Rhode Island Settlement Act was impliedly repealed in relevant part by IGRA, id. at 705
  5. Passatempo v. McMenimen

    461 Mass. 279 (Mass. 2012)   Cited 80 times
    Holding that claims that "sound in tort [] are governed by the three-year limitation period provided by Mass. Gen. L. c. 260, § 2A"
  6. Beacon Hill Civic Assoc. v. Ristorante Toscano, Inc.

    422 Mass. 318 (Mass. 1996)   Cited 58 times
    Finding that certain general policy concerns protected by the legislature are not waivable
  7. A.Z. v. B.Z

    431 Mass. 150 (Mass. 2000)   Cited 50 times
    Concluding it was "dubious at best that [the clinic consent form] represents the intent of the husband and the wife regarding disposition of the [pre-embryos] in the case of a dispute between them," and that, in any event, the court "would not enforce an agreement that would compel one donor to become a parent against his or her will"
  8. Kalkman v. Nedved

    2013 Ill. App. 3d 120800 (Ill. App. Ct. 2013)   Cited 15 times

    No. 3–12–0800. 2013-06-24 Jason KALKMAN and Lucia Kalkman, Plaintiffs–Appellees, v. George NEDVED and Maureen Nedved, Defendants–Appellants. Jeffrey Alan Ryva (argued), Husch Blackwell LLP, Peoria, for appellants. Mark C. Johnson (argued), Rockford, for appellees. Justice McDADE delivered the judgment of the court Jeffrey Alan Ryva (argued), Husch Blackwell LLP, Peoria, for appellants. Mark C. Johnson (argued), Rockford, for appellees. OPINION Justice McDADE delivered the judgment of the court, with

  9. Taylor v. Beaudry

    75 Mass. App. Ct. 411 (Mass. App. Ct. 2009)   Cited 11 times
    Discussing possible interpretations of the statute without deciding which resulting method of determining that balance is correct
  10. Mellor v. Berman

    390 Mass. 275 (Mass. 1983)   Cited 39 times
    Holding that the language of Massachusetts General Laws, chapter 186, section 15B is unambiguous
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 337,863 times   161 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit