Case law

M. H. Gordon & Son, Inc. v. Alcoholic Beverages Control Commission

386 Mass. 64 · Massachusetts Supreme Judicial Court · Apr 30, 1982

Brown, supra, and its progeny, activity which is clearly articulated and affirmatively expressed as State policy and actively supervised by the State is “State action” and thus immune. Parker v. Brown, supra. … Brown, supra, and subsequent decisions established two standards for antitrust immunity: “First, the challenged restraint must be ‘one clearly articulated and affirmatively expressed as state policy’; second, the policy must

Perini Corp v. Commissioner of Revenue

419 Mass. 763 · Massachusetts Supreme Judicial Court · Mar 22, 1995

Both domestic and foreign corporations “exercising [their] charter [s], or qualified to do business or actually doing business in the commonwealth,” must pay the excise. §§ 32, 39. … The flow of value between the plaintiffs and their foreign subsidiaries clearly constitutes interstate commerce.

Conners v. Northeast Hospital Corp.

439 Mass. 469 · Massachusetts Supreme Judicial Court · May 29, 2003

The first clause of the first sentence of § 85K abolishes charitable immunity, and is not at issue here. … The second clause *479 of the first sentence then qualifies the abrogation of charitable immunity by limiting the liability for tort damages to only those activities that “accomplish directly the charitable purposes.”

Commonwealth v. George

430 Mass. 276 · Massachusetts Supreme Judicial Court · Oct 20, 1999

The Supreme Court held the defendant’s criminal conduct within a State necessarily qualified his right to travel. … Because we conclude the defendant did not demonstrate actual prejudice, we have no occasion to revisit our established rule.

Morrissey v. New England Deaconess Ass'n - Abundant Life Communities, Inc.

458 Mass. 580 · Massachusetts Supreme Judicial Court · Dec 22, 2010

In Asíala , the court stated that “[a] statute is not to be interpreted as effecting a material change in or a repeal of the common law unless the intent to do so is clearly expressed,” and it concluded that nothing in the … Retroactive application of our decision furthers the purpose of having a consistent and clearly defined body of law, and we envision no specific hardships or inequities that would likely follow. 3.

McDonough v. Whalen

365 Mass. 506 · Massachusetts Supreme Judicial Court · Jun 24, 1974

We do not agree that the immunity applies to everything Whalen did in this case. It does not appear from art. … for no other reason than that it would be noncompensable in the absence of physical injury even if liability could be otherwise established.

Gallant v. Worcester

383 Mass. 707 · Massachusetts Supreme Judicial Court · Jun 4, 1981

The record suggests but does not establish such compliance. … The Legislature clearly intended to do away with the "person" distinction in enacting G.L.c. 258. [9] Recovery, though substantively premised on G.L.c. 229, § 2, would be limited to the terms of G.L.c. 258.

Carney v. City of Springfield

403 Mass. 604 · Massachusetts Supreme Judicial Court · Dec 19, 1988

The commission found no violation of Carney’s rights under either the United States or Massachusetts Constitutions and that the questions propounded to Carney fell within the permissible scope of inquiry as established by … The record clearly demonstrates that Officer Carney never received from the district attorney a promise not to prosecute him.

Commonwealth v. Toney

385 Mass. 575 · Massachusetts Supreme Judicial Court · Mar 18, 1982

Use Immunity. The defendant filed a motion asking the judge for an order granting use immunity to Doris Toney in exchange for her testimony. … This court has not found it necessary to decide whether this statutory scheme establishes the exclusive procedure by which a Superior Court judge may grant immunity to a *588 witness. See Commonwealth v.

Williams v. Hartman

413 Mass. 398 · Massachusetts Supreme Judicial Court · Aug 14, 1992

The supervisor further testified that the defendant established his own work schedule. … Because the defendant argued that he had qualified immunity from the § 1983 claim, the Appeals Court correctly granted interlocutory review. See Hopper v. Callahan, 408 Mass. 621, 623-624 (1990).

Filios v. Commissioner of Revenue

415 Mass. 806 · Massachusetts Supreme Judicial Court · Jul 13, 1993

The Court determined that “the retention of immunity in § 111 is coextensive with the prohibition against discriminatory taxes embodied in the modern constitutional doctrine of intergovernmental tax immunity.” Davis v. … If any qualifying employees existed during the tax years at issue, it was the responsibility of the appellants to produce evidence of the fact.

Whitney v. City of Worcester

373 Mass. 208 · Massachusetts Supreme Judicial Court · Aug 16, 1977

The conduct raised in these two allegations is clearly ministerial. … Bath, 364 A.2d 1269 (Me. 1976), detailed Maine Tort Claims Act establishing numerous exceptions subsequently enacted, 1977 Me. Acts c. 741; Michigan: local governmental immunity abolished in Williams v.

Building Inspector of Peabody v. Northeast Nursery

418 Mass. 401 · Massachusetts Supreme Judicial Court · Jul 19, 1994

These trees or shrubs or bushes are then root-balled and burlapped, or otherwise protected, root protected and shipped to Northeast in an already established, for resale, status. … The judge was correct, therefore, in declaring that the activities of the defendants are not immune under G.

National Private Truck Council, Inc. v. Commissioner of Revenue

426 Mass. 324 · Massachusetts Supreme Judicial Court · Dec 22, 1997

“Section 381 was designed to define clearly a lower limit for the exercise of [State taxing] power. ... … In construing § 381, the Supreme Court of Virginia stated that “[i]n enacting § 381, Congress did not identify any manner of delivery necessary to qualify for immunity.

President of Harvard College v. Board of Aldermen

104 Mass. 470 · Massachusetts Supreme Judicial Court · Mar 15, 1870

This course of legislation led to the adoption of the qualified general exemption contained in the Rev. Sts. c. 7, § 5. … That being so, whatever right or power there might be in the Commonwealth, in case of an advance in the value of the lands beyond the established limit, to require the corporation to reduce its possessions, or to withdraw

The Woodward School for Girls, Inc. v. City of Quincy

469 Mass. 151 · Massachusetts Supreme Judicial Court · Jul 23, 2014

"A finding [of fact] is clearly erroneous . . . … L. c. 258, § 10, explicitly excludes certain types of claims that the Legislature clearly decided must give way to sovereign immunity.

Commonwealth v. Miller

475 Mass. 212 · Massachusetts Supreme Judicial Court · Aug 17, 2016

Testimony of immunized witness. … Here, Helger's testimony was clearly relevant to demonstrate the contentious relationship between the defendant and the victim.

MacBrayne v. City Council

241 Mass. 380 · Massachusetts Supreme Judicial Court · May 18, 1922

They shall continue in office, however, until their successors have been appointed, confirmed and qualified.” … It affords them no special immunity and confers on them no tenure superior to that of other city officers.

Petition of the Dist. Attorney for the Plymouth Dist.

391 Mass. 723 · Massachusetts Supreme Judicial Court · Apr 23, 1984

immunity clearly does not comport with these statutory procedures. … Whether the witness will actually claim the privilege against self-incrimination if called to testify is not yet established. 6 In Commonwealth v.

Headley v. Berman

419 Mass. 624 · Massachusetts Supreme Judicial Court · Mar 8, 1995

We agree with the judge that, given the facts established for summary judgment purposes by the submitted materials, the defendant physicians and nurse are immune from liability. … The issue is whether the antituberculosis treatment program administered to Headley at the clinic qualifies as an “other protective program [ ] under public health programs” within the G.