Case law

Commonwealth v. McGhee

472 Mass. 405 · Massachusetts Supreme Judicial Court · Aug 13, 2015

Tyshaun established prices of one hundred dollars for thirty minutes of sex, and $150 for one hour of sex. … Watler testified at trial pursuant to a grant of immunity. See G. L. c. 233, § 20E. She described her work as a dancer and an escort.

Flaherty v. Thomas

94 Mass. 428 · Massachusetts Supreme Judicial Court · Jan 15, 1866

as it is inconsistent with the new law, does not prescribe a suitable punishment for such a crime, and is not fit to be continued in force; and therefore the later statute, laying down a new rule, in the absence of any qualifying … old law cannot be resorted to after the new law has taken effect, for the punishment of an offence committed before the passage of the latter, even if the offender has been already convicted by the verdict of a jury, is clearly

Mancuso v. Massachusetts Interscholastic Athletic Ass'n

453 Mass. 116 · Massachusetts Supreme Judicial Court · Jan 23, 2009

Thus, the plaintiff has failed to establish the existence of an equal protection violation. … In sum, the plaintiff has failed to establish the violation of any federally protected right actionable under § 1983. 27 2. Claim under the Massachusetts Civil Rights Act.

Green v. Putnam

8 Mass. 21 · Massachusetts Supreme Judicial Court · Sep 15, 1851

There can be no doubt, therefore, that this vote did operate as a grant of a qualified right to the premises in question, which was valid and effectual as against a subsequent purchaser, and subject to which the owner of … It follows, that the use of stone for building purposes, without the limits of Worcester by inhabitants of other towns, is clearly a violation of the right; and so far as the defendant has procured stone for such purposes

Alsabti v. Board of Registration in Medicine

404 Mass. 547 · Massachusetts Supreme Judicial Court · Apr 10, 1989

Along the way, other more qualified individuals are deprived of an opportunity to fairly compete. In the end, the quality of medical care may suffer.” … The board was clearly justified in assessing as serious Alsabti’s disregard at that time for basic fairness to competitors and for the possible consequences to patients who might be exposed to medical treatment by physi *

Commonwealth v. Merola

405 Mass. 529 · Massachusetts Supreme Judicial Court · Aug 8, 1989

We held, accordingly, that the defendant’s guilt was not adequately established in either case. … The exception clearly does not apply in the instant case, and constitutional considerations are not implicated. It is helpful to review the prior proceedings on this issue.

School Committee v. Newton School Custodians Ass'n

438 Mass. 739 · Massachusetts Supreme Judicial Court · Feb 28, 2003

She “assumed” that all three candidates were equally qualified in all respects other than leadership ability because Sheridan had presented all three as viable candidates. … Tyman, 372 Mass. 106, 113 (1977) (“Whenever the Legislature has limited the powers of school committees, it has done so in express terms, and it is expected that a radical departure from prior policy would be clearly indicated

New England Power Generators Association, Inc. v. Department of Environmental Protection

480 Mass. 398 · Massachusetts Supreme Judicial Court · Sep 4, 2018

Renewable energy produced by generators that qualify for the RPS counts toward compliance with 310 Code Mass. Regs. § 7.75 (2017) (Clean Energy Standard Regulation), discussed infra. … The plaintiffs contend that § 16 of the act clearly and unambiguously invalidates any emission limits beyond December 31, 2020, because the provision contains an "unambiguous sunset date" for § 3 (d).

In the Matter of Zak

Massachusetts Supreme Judicial Court · Apr 10, 2017

Although the rule does not categorically proscribe collection of advance fees, it expressly prohibits lawyers from "collect[ing] an illegal or clearly excessive fee." … The advertisements additionally misrepresented that the respondent "sued the bank in every case," and that he would "pre-qualify" clients for Federal mortgages at no cost, when the clients were

Locke v. Lewis

124 Mass. 1 · Massachusetts Supreme Judicial Court · Jan 1, 1878

Taylor has been qualified. Chazournes v. Edwards, 3 Pick. 5 . Leverson v. Lane, 13 C. B. (N. S.) 278. … Roosevelt, the security given was clearly known to be a partnership security, and the only question was whether the debt for which it was given was a private or a partnership debt. In Dob v.

Commonwealth v. Watson

377 Mass. 814 · Massachusetts Supreme Judicial Court · Apr 13, 1979

During cross-examination the. defense established that in her statement to the police on the night of the shooting, and at the probable cause hearing in December, Laverne had referred to seeing one gun at the defendant’s … The testimony of the Reverend Moberger failed to spell out clearly in what particulars Charlotte or Laverne Crawford testified falsely at the defendant’s trial.

Jet Spray Cooler, Inc. v. Crampton

361 Mass. 835 · Massachusetts Supreme Judicial Court · May 17, 1972

The recommendations in the Foster-Miller report are shown to be of an appropriate nature to qualify them as trade secrets. … The record before us is insufficient to establish any error, as claimed by the defendants, in the admission and exclusion of certain evidence by the master, or in the judge’s related rulings thereafter.

Stone v. Essex County Newspapers, Inc.

365 Mass. 246 · Massachusetts Supreme Judicial Court · May 6, 1974

S. 713 (1971), I do not believe it gives them the immunity which the defendant seeks on the facts of this case. 4. … Clearly, the judicial proceeding which was reported was an event of public or general concern.

Newton Branch of the Massachusetts Police Ass'n v. City of Newton

396 Mass. 186 · Massachusetts Supreme Judicial Court · Nov 7, 1985

“The statute clearly contemplates, in instances not resulting in retirement or pensioning, a return to duty.” Id. … The statute does not, however, qualify the term “duty” or require the city to continue paying the officer until he is capable of returning to the precise duty assignment he was performing at the time of the incapacitating

New England Legal Foundation v. City of Boston

423 Mass. 602 · Massachusetts Supreme Judicial Court · Sep 24, 1996

It will be recognized only where the property falls clearly and unmistakably within the express words of a legislative command.” Massachusetts Medical Soc’y v. … But if that work is only incidental to benefits provided to members or some other limited class, NELF would not qualify for charitable organization tax exemption.

Walden Behavioral Care v. K.I.

471 Mass. 150 · Massachusetts Supreme Judicial Court · Apr 9, 2015

We conclude that the exception to the psychotherapist- patient privilege established in G. L. c. 233, § 20B (a), applies in the circumstances presented. … Any "qualified psychologist, qualified psychiatric nurse mental health clinical specialist, or licensed independent clinical social worker" also may do so. G.

Swift v. AutoZone, Inc.

441 Mass. 443 · Massachusetts Supreme Judicial Court · Apr 13, 2004

General Laws c. 136, § 6 (50), the premium rate payment provision of the so-called “Sunday” law, states in relevant part: “Any store or shop which qualifies for exemption under this clause. . . and which employs more than … The committee clearly believed that Congress always had intended to permit crediting under the original version of the FLSA, and that crediting had become unlawful only because of what Congress viewed as erroneous administrative

In the Matter of Scott

377 Mass. 364 · Massachusetts Supreme Judicial Court · Feb 21, 1979

We agree that they establish the charges in substance. … G.’s father did not qualify for legal assistance. Judge Scott ordered Mr. S. to file an appearance for bail purposes. Although V.

Jennison v. Hapgood

27 Mass. 77 · Massachusetts Supreme Judicial Court · Oct 15, 1830

He had no establishment in Vermont. … On the question of interest, the court in Vermont has clearly exceeded its jurisdiction.

Hall v. Williams

23 Mass. 232 · Massachusetts Supreme Judicial Court · Mar 20, 1828

diminution of entire respect for that eminent tribunal, but because we have found that further consideration has brought about a qualification ol the doctrine which seemed to have been definitively settled, ox that some qualifying … Briggs , we may well tea upon that as the true construction, if it is not the most clearly and explicitly overruled by the only tribunal whose authority ought to be submitted to, the Supreme Court of the United States.