Case law

Crown Communities, LLC v. Austin

Massachusetts Supreme Judicial Court · Jun 5, 2026

Fleet Nat'l Bank, 453 Mass. 366, 368 n.9 (2009) ("When a trial judge does not make a specific finding, an appellate court may consider stipulated facts, documentary facts, and facts that are not contested and clearly established … "[F]raudulent misrepresentation is sufficient to establish deception under G. L. c. 93A, § 11." H1 Lincoln, Inc. v. South Wash. St., LLC, 489 Mass. 1, 18 (2022).

Maguire v. Tax Commissioner

230 Mass. 503 · Massachusetts Supreme Judicial Court · Jun 25, 1918

It is clearly implied by what was said by Mr. Justice Gray in Dallinger v. Rapello or Rapallo, 14 Fed. Rep. 32; S. C. 15 Fed. … It establishes a basis of taxation directly proportioned to ability to bear the burden.

Blackstone v. Cashman

448 Mass. 255 · Massachusetts Supreme Judicial Court · Jan 18, 2007

The plaintiffs in these cases did not establish anything amounting to improper motive or means under Geltman . See Weber v. … Community Teamwork, Inc., supra at 782 (only evidence considered was that defendant fired plaintiff in rude manner and replaced her with someone arguably less qualified); Shea v.

Robinson v. Ensign

72 Mass. 300 · Massachusetts Supreme Judicial Court · Sep 15, 1856

He clearly had a special property in the same, under the finding of the jury, which would authorize the maintaining of an action against the proper party. … With us, deputy sheriffs are officers of the government; known and recognized as such by our statutes; treated as civil officers; holding appointments as such ; and *305 required to qualify for the discharge of their duties

Chambers v. Gold Medal Bakery, Inc.

464 Mass. 383 · Massachusetts Supreme Judicial Court · Feb 8, 2013

We do not purport to be fact-finders on the initial issue whether specific documents qualify as attorney-client privileged or work product protected. … It does not immunize underlying facts available from another source from discovery just because a client disclosed the facts to an attorney. See M.S. Brodin & M.

Matulewicz v. Planning Board

438 Mass. 37 · Massachusetts Supreme Judicial Court · Oct 25, 2002

The clause provides three alternatives for qualifying. See note 4, supra. Only clause (a) (lots with frontage on public way or way maintained and used as such) is relevant to this appeal. … The portion of Fredrickson Road at issue here clearly was not proved to be a public way.

477 Harrison Ave, LLC v. JACE Boston, LLC

Massachusetts Supreme Judicial Court · Nov 8, 2019

Industrial Servs. of Am., Inc., 932 F.2d 37, 43 (1st Cir. 1991) (litigation  25 that constitutes abuse of process may qualify as unfair and deceptive … L. c. 93A has been established. ii. Retaliatory purpose.

Commonwealth v. Sylvain

466 Mass. 422 · Massachusetts Supreme Judicial Court · Sep 13, 2013

McKellar, 494 U.S. 407, 415 (1990) (constitutional rule that is “susceptible to debate among reasonable minds” qualifies as new rale). … Although we consider the retroactivity framework established in Teague to be sound in principle, the Supreme Court’s post Teague expansion of what qualifies as a “new” rule has become so broad that “decisions defining a constitutional

Town of Brookline v. Commissioner of the Department of Environmental Quality Engineering

398 Mass. 404 · Massachusetts Supreme Judicial Court · Sep 8, 1986

Whether this theory is correct, it has been established for carcinogens, generally, that, as the exposure increases, the risk increases. … DEQE clearly has not erred in drawing the line between reasonable and unreasonable risks.

Trustees of Andover Theological Seminary v. Visitors of the Theological Institution

253 Mass. 256 · Massachusetts Supreme Judicial Court · Sep 18, 1925

All those qualifying words at that time had a signification more sharp and distinctive than now. Each of those qualifying words occurs in one or more of the instruments on which the seminary was established. … A reading of the Andover creed and of the Westminster Assembly’s Shorter Catechism, and giving the words used their common meaning, shows clearly that the disobedience, sin or fall of Adam constitute an important, if not

Muchnick v. BAY ST. HARNESS HORSE RACING & BREEDING

341 Mass. 578 · Massachusetts Supreme Judicial Court · Jan 3, 1961

Another reason why the title does not indicate an unconditional maturity date of June 1, 1954, is that such a construction would ignore the words "except as hereinafter provided" in the paragraph qualifying the efficient … In that event, the insuring clause itself would fully, completely and definitely fix the extent of the coverage, and the insured would have to prove that the loss arose from a risk included in the coverage as thus established

Biogen IDEC MA, Inc. v. Treasurer & Receiver General

454 Mass. 174 · Massachusetts Supreme Judicial Court · Jul 2, 2009

The uncashed accounts payable checks may fall within the outstanding credit balance exemption under the original regulations, but indisputably do not qualify for the outstanding credit balance exemption under the amended … We reject the Treasurer’s contention that legislative intent to treat credit balances and checks differently pursuant to c. 200A is clearly established by *189 G.

Custody of Brandon

407 Mass. 1 · Massachusetts Supreme Judicial Court · Mar 15, 1990

By proceeding to the merits of the custody petition, the Probate Court clearly did not decline to exercise its power of jurisdiction. Therefore, § 2 (a) (4) does not apply to this case. … and (i) the child has been abandoned or (ii) it is necessary in an emergency to protect the child from abuse or neglect or for other good cause shown, provided that in the event that jurisdictional prerequisites are not established

Old Colony Boot & Shoe Co. v. Parker-Sampson-Adams Co.

183 Mass. 557 · Massachusetts Supreme Judicial Court · Jun 18, 1903

It clearly appears from an examination of *560 these several enactments that from an early time the course oE legislation shows the settled policy of the State to be, that in some form, and to a certain extent, stockholders … Sts. c. 106, § 70, that the qualified right to appear and defend in such a suit might be granted on petition to the court in which the case was pending. Byers v. Franklin Coal Co., ubi supra.

Pinnick v. Cleary

360 Mass. 1 · Massachusetts Supreme Judicial Court · Jun 29, 1971

The purpose of the Legislature in fimiting recovery in this way was clearly to eliminate minor claims for pain and suffering. … It should be noted in addition that in defined cases where he is clearly culpable, the injured party is denied benefits under c. 670.

Hill v. Hall

191 Mass. 253 · Massachusetts Supreme Judicial Court · Mar 7, 1906

All the shares in its capital stock not issued to qualify directors, all its bonds and all its cash (namely, cash derived from stock issued to qualify directors not spent), had been issued and transferred to one William E … But the issue also is clearly raised whether the plaintiff is not entitled to relief upon the grounds which we.already have stated.

Abdow v. Attorney General

468 Mass. 478 · Massachusetts Supreme Judicial Court · Jun 24, 2014

The act authorized the commission to award three licenses to qualified applicants to operate gambling casinos with table games and slot machines (category 1 or casino license), and another license to operate a gaming establishment … The summary clearly captures the “sum and substance” of the measure in this regard. Sears, 327 Mass. at 324 . No additional level of detail is needed.

Local No. 1710, International Ass'n of Fire Fighters, AFL-CIO v. City of Chicopee

430 Mass. 417 · Massachusetts Supreme Judicial Court · Dec 13, 1999

These United States Supreme Court decisions have established a set of principles governing arbitration that are most clearly set out in AT&T, supra. … The Court was especially concerned with balancing the thirty-day deadline because the statute waived sovereign immunity.

Chase v. Pevear

383 Mass. 350 · Massachusetts Supreme Judicial Court · Apr 9, 1981

Such an opinion is suggestive, but falls short of establishing that the judge’s finding was clearly erroneous. c. Standard of review of the master’s findings. … Those findings are not clearly erroneous.

Commonwealth v. Philip J. Marquis

Massachusetts Supreme Judicial Court · Mar 11, 2025

These principles have a well-established corollary in the context of standing to challenge the Commonwealth's firearm licensing scheme. … period to nonresidents would effectively nullify the licensure requirement for nonresidents, since any nonresident physically present in the Commonwealth for less than a sixty-day period would presumably thereby become immune