Case law

Attorney General v. M.C.K., Inc.

432 Mass. 546 · Massachusetts Supreme Judicial Court · Oct 13, 2000

In the case of Union Square, Konig established Reifer, Inc. (Rei-fer), to hold title to the real estate and tangible assets used in the operation of the home, and M.C.K., Inc. … contemplates that the receiver may also make major repairs to the real or personal property of the facility, to the extent necessary to prevent or remove jeopardy to the health, safety, or welfare of the residents, or to minimally qualify

Tobin v. Norwood Country Club, Inc.

422 Mass. 126 · Massachusetts Supreme Judicial Court · Feb 22, 1996

If the jury find that the establishment knew or reasonably should have known that the establishment was furnishing alcohol to minors, the establishment has breached its duty of care and, if causation is established, may be … In this case, the decedent was clearly a minor by either definition. If she had been not age seventeen but age twelve, our decision would, we suppose, seem inevit *138 able.

Messing, Rudavsky & Weliky, P.C. v. President & Fellows of Harvard College

436 Mass. 347 · Massachusetts Supreme Judicial Court · Mar 19, 2002

Second, by demonstrating that we intend narrowly to interpret the qualifying factor, i.e., what matters are within the scope of an individual’s employment, for purposes of this rule and the common-law rule of evidence announced … Those employees clearly had a measure of supervisory responsibility over Stanford, whose job performance was to be a central issue in her discrimination litigation.

Enos v. Secretary of Environmental Affairs

432 Mass. 132 · Massachusetts Supreme Judicial Court · Jul 14, 2000

in analyzing environmental impacts; in tracing, summarizing, and quantifying environmental effects; in discussing alternatives to proposed mitigation measures; in failing to address the “no-build” alternative; and in not clearly … This language, however, was not meant to establish a broad rule that would allow anyone alleging potential property damage from a proposed project to use G.

In re a Subpoena Duces Tecum

445 Mass. 685 · Massachusetts Supreme Judicial Court · Jan 5, 2006

We may reverse the motion judge only if his findings are clearly erroneous or tainted with some error of law. See Bougas v. Chief of Police of Lexington, 371 Mass. 59, 61 (1976). … L. c. 4, § 7, Twenty-sixth, details specific exemptions to the public records statute, but in order for a record to qualify as exempt, the custodian of the record has the burden ‘to prove with specificity’ that an exemption

Care & Protection of Robert

408 Mass. 52 · Massachusetts Supreme Judicial Court · Jul 16, 1990

Prior to the care and protection hearing, the court must order a qualified person to investigate the child’s situation. G. L. c. 119, § 24. … However, notwithstanding the precious character of a parent’s relationship with his or her children, the parent’s interest is not immune from State intervention.

McDuffy v. Secretary of the Executive Office of Education

415 Mass. 545 · Massachusetts Supreme Judicial Court · Jun 15, 1993

In the statement of these two premises for which the duty is established it is revealed that: The duty is established so that the rights and liberties of the people will be preserved. … In addition to establishing a system of public schools, the General Court also established and supported a college.

Moss's Case

451 Mass. 704 · Massachusetts Supreme Judicial Court · Jun 30, 2008

Clearly a causal relationship is required between the employment duties and the injury or death. … been rendered unable to testify should qualify for workers’ compensation benefits unless persuasive contrary evidence indicates otherwise.

Loffredo v. Center for Addictive Behaviors

426 Mass. 541 · Massachusetts Supreme Judicial Court · Jan 29, 1998

It is worth noting that the court in Berdos qualified its holding considerably in the latter part of its opinion. … Moreover, the statute does clearly indicate the Legislature’s contemplation of other remedies to respond to violations of regulations promulgated pursuant to § 7.

Commonwealth v. Sliech-Brodeur

457 Mass. 300 · Massachusetts Supreme Judicial Court · Jul 19, 2010

number of courts . . . have upheld without much discussion the seizure of documents during an otherwise valid search as in ‘plain view’ notwithstanding the fact that some perusal, generally fairly brief, of the documents was clearly … Accordingly, a court-ordered psychiatric examination of a defendant in these circumstances cannot take place unless there is constitutionally adequate immunity available, see id. at 761-764 , or, in the absence of immunity

Commonwealth v. Elliot

393 Mass. 824 · Massachusetts Supreme Judicial Court · Feb 4, 1985

“The danger of *834 prejudice most clearly arises when the prior convictions are similar in nature to the indictments on trial. ... … It is firmly and wisely established in our law that no defendant should be convicted of a crime by proof of his reputation or propensity to commit similar crimes. ...

Kennebec Co. v. Augusta Insurance & Banking

72 Mass. 204 · Massachusetts Supreme Judicial Court · Mar 15, 1856

These facts were fully established by the evidence produced upon the trial, and are not now denied. … They did in fact establish an agency there. Of that no question is made.

Commonwealth v. Chapman

54 Mass. 68 · Massachusetts Supreme Judicial Court · Sep 15, 1847

of judges whose knowledge of that law — the unwritten or customary law — is derived from experience and study, and from being “ long personally accustomed to the judicial decisions of their predecessors,” and of course qualified … But the publication of a libel maliciously, and with intent to defame, is clearly an offence against law. This case of Commonwealth v.

Lewis v. Brotherhood Accident Co.

194 Mass. 1 · Massachusetts Supreme Judicial Court · Jan 4, 1907

An interpretation founded upon such a basis of distinction, and leading to results so unreasonable is not to be adopted unless clearly required by unmistakable language. … By the terms of this policy the facts and circumstances of the accident and injury are to be established by those who saw them.

Leavitt v. Mizner

404 Mass. 81 · Massachusetts Supreme Judicial Court · Feb 13, 1989

However, since the purpose of summary judgment can be served before trial, the decision of a trial court judge to deny summary judgment clearly is reviewable on an interlocutory appeal. … The plaintiffs’ admitted failure to use available procedures to procure the desired evidence establishes for summary judgment purposes that the plaintiffs did not exercise the diligence necessary to establish evidence as

AM. GRAIN PROD. PROCESSING INST v. Dept. of Pub. Hlth.

392 Mass. 309 · Massachusetts Supreme Judicial Court · Jun 27, 1984

To accept such an argument would be in contravention of the clearly expressed intention of the Legislature. … O'Reilly, Administrative Rulemaking 40 (1983) ("No agency is immune from tough judicial review, and the good cause exception is especially deserving of tough scrutiny").

Gurnack v. John Hancock Mutual Life Insurance

406 Mass. 748 · Massachusetts Supreme Judicial Court · Feb 26, 1990

The issue of suicide or accident was not clearly resolved on the record Hancock had accumulated on that date. The last word on the proper procedure for judicial review of ERISA claim denials has not been written. … (BNA) 1708 , 1714 (Sept. 11, 1989) (the District Court should have made a finding “on the obviously important question of whether — putting aside any administrative misfeasance — [the plaintiff] actually qualified for . .

Commonwealth v. LaBrie

473 Mass. 754 · Massachusetts Supreme Judicial Court · Mar 9, 2016

Although the presence of a stronger, more treatment-resistant form of cancer may qualify as a "bodily injury" under the statutory definition, see G. … funds to retain an independent oncologist in order to rebut the testimony of Friedmann, a key witness for the Commonwealth's case, but later decided not to consult an oncologist on the grounds that (1) an effort to establish

Commonwealth v. Shea

401 Mass. 731 · Massachusetts Supreme Judicial Court · Mar 1, 1988

As we have noted, “defense trial tactics are not immune from comment.” Commonwealth v. Bradshaw, 385 Mass. 244, 272 (1982). *740 3. Evidence of consciousness of guilt. … Finally, the judge clearly emphasized that the Commonwealth has the burden of proving all the elements of the crimes charged.

Department of Revenue v. Lopez

477 Mass. 268 · Massachusetts Supreme Judicial Court · Jun 9, 2017

Thus, whether a child qualifies for SIJ status and whether to grant or deny an immigrant child's application for SIJ status is beyond the jurisdiction of the Probate and Family Court. … Last, the record clearly establishes that E.G.'s interests are not best served by returning to Guatemala, the country of origin.