Case law

In re a Care & Protection Summons

437 Mass. 224 · Massachusetts Supreme Judicial Court · Jun 26, 2002

We conclude that the department met its burden and that the judge’s findings are not clearly erroneous. See Custody of Eleanor, 414 Mass. 795, 799 (1993), and cases cited. … The law concerning recusal of a judge is well established: the decision to withdraw rests first within his sound discretion. Haddad v. Gonzalez, 410 Mass. 855, 862 (1991).

Easthampton Savings Bank v. City of Springfield

470 Mass. 284 · Massachusetts Supreme Judicial Court · Dec 19, 2014

The mediation ordinance establishes a program requiring mandatory mediation between mortgagors and mortgagees. … , § 9.  15 included in the OHMRPA.7 In the plaintiff's view, this overbreadth directly places the foreclosure ordinance squarely in conflict with a clearly

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.

RFF Family Partnership, LP v. Burns & Levinson, LLP

465 Mass. 702 · Massachusetts Supreme Judicial Court · Jul 10, 2013

App. 1, 12-23 (2012) (where in-house counsel has no involvement in outside representation at issue and law firm is clearly established as client before in-firm communication occurs, communications with in-house counsel protected … only reference made to the privilege is in the context of a judge’s ability to exclude evidence “even if the evidence is not otherwise subject to exclusion because of the attorney-client privilege . . . or the work-product immunity

Surrey v. Lumbermens Mutual Casualty Co.

384 Mass. 171 · Massachusetts Supreme Judicial Court · Jul 28, 1981

We are convinced that if the Legislature wanted to qualify the term “hit-and-run” to the narrower designation of physical contact, it would have inserted appropriate language to that effect. … Insurance Commissioner’s approval of the policy provision evinces the Legislature’s intent to incorporate a physical contact restriction, the Commissioner’s approval is “hardly persuasive where, as here, the endorsement so clearly

Zimmerman v. Bogoff

402 Mass. 650 · Massachusetts Supreme Judicial Court · Jun 22, 1988

The date of breach or demand is not sufficiently established as to either amount. … employee of Hispanic origin represent that CAL Abco was a “minority-owned small business” in order to qualify for certain special treatment in bidding on defense contracts.

Commonwealth v. Kerr

409 Mass. 284 · Massachusetts Supreme Judicial Court · Jan 30, 1991

Having come to this conclusion, we need not address the defendant's claim based on transactional immunity. The events which led to the defendant's conviction occurred on July 24, 1987. … We have long recognized that "a statute should not be interpreted as being at odds with the common law `unless the intent to alter it is clearly expressed.'" Commonwealth v.

Commonwealth v. Irene

462 Mass. 600 · Massachusetts Supreme Judicial Court · Jun 26, 2012

“information specialist” from Brigham and Women’s Hospital, that the defendant’s hospital medical records qualified as business records. … Dunne, 394 Mass. 10, 16 (1985) (party offering medical records bears burden of establishing admissibility).

Commonwealth v. Beckett

373 Mass. 329 · Massachusetts Supreme Judicial Court · Sep 14, 1977

to commit larceny by false pretenses by misrepresenting to the Department of Public Welfare that her husband did not live with the defendant and their daughter, with the intended result that the defendant would appear to qualify … Here, clearly Paul Beckett’s statement was admissible against him as an admission and its introduction in evidence, accompanied by appropriate limiting instructions to the jury, did not violate the teaching of the Bruton

Monell v. Boston Pads, LLC

471 Mass. 566 · Massachusetts Supreme Judicial Court · Jun 3, 2015

The statute establishes a presumption that "an individual performing any service" is an employee. Id. See G. … The exclusion of real estate salespersons from independent contractor status clearly was not intended by the Legislature.

Coyne Industrial Laundry of Schenectady, Inc. v. Gould

359 Mass. 269 · Massachusetts Supreme Judicial Court · Apr 13, 1971

While the defendant concedes that under the Federal statutory law G.S.A. is clearly an “agency of the Federal Government” (40 U. S. … While damages may be established only by proof of actual “furnishing,” “solicitation” is equally enjoined.

Foster v. Commissioner of Correction (No. 1)

Massachusetts Supreme Judicial Court · Jun 2, 2020

in this record to ascertain the proper contours of who qualifies as medically vulnerable. … Ala. 1993) (applying reasoning in Lareau, 651 F.2d at 109, and concluding that inmate did not establish violation of Eighth Amendment from being housed in cell with patient who was dying from acquired immune deficiency

Commonwealth v. Botelho

369 Mass. 860 · Massachusetts Supreme Judicial Court · Mar 5, 1976

It may, indeed, be that the Commonwealth upon consideration would elect to forgo any immediate advantage it might derive from a Biggers approach and prefer a regime which clearly discountenances suggestive confrontations. … If the defendant moves to suppress an identification because of a violation of the Code, then the burden is on the prosecution to qualify the identification for admission; ordinarily the showing is to be by a preponderance

Commonwealth v. Traylor

472 Mass. 260 · Massachusetts Supreme Judicial Court · Jul 22, 2015

We hold that, to establish multiple violations of G. L. … Finally, the mother, who testified pursuant to a grant of immunity and whose relationship with the defendant had ended by the time of her testimony, indicated that she had never seen bruises on Rory's stomach before he

Commonwealth v. Kater

388 Mass. 519 · Massachusetts Supreme Judicial Court · Mar 23, 1983

The proponent will have the burden of establishing what the witness remembered prior to the hypnosis. Any uncertainty *531 on this score must be resolved in the opponent’s favor. … The important point is that he be qualified in the use of hypnosis and otherwise independent of the investigation of the crime.

Passatempo v. McMenimen

461 Mass. 279 · Massachusetts Supreme Judicial Court · Jan 12, 2012

This policy was the sole asset of an irrevocable trust that Sam Sr. established to provide for his wife should he predecease her. … Unlike § 181, therefore, neither *291 Hedden nor Harwood clearly established an insurance company’s vicarious liability for the misrepresentations of an insurance agent.

Bicknell v. Dorion

33 Mass. 478 · Massachusetts Supreme Judicial Court · Mar 15, 1835

Upon the authority of text books this rule seems to be well established. In Bac. Abr. … But the declaration further alleges, that while she was so imprisoned, certain depositions were taken, from which it became known and was clearly manifested to the defendants, that there was no lawful and probable cause of

Attorney General v. Collector of Lynn

377 Mass. 151 · Massachusetts Supreme Judicial Court · Jan 26, 1979

L. c. 60, § 102, which establishes penalties for any collector who does not comply with § 8. We disagree. No language in § 8 suggests that the provision was meant to restrict the right to inspect rec *155 ords under G. … Federal law exempts from disclosure records which would constitute a "clearly unwarranted” invasion of personal privacy. 5 U.S.C. § 552 (b)(6) (1976).

Opinion of the Justices to the Senate

318 Mass. 793 · Massachusetts Supreme Judicial Court · Jun 8, 1945

Clearly it was not intended to give to the petitioners for a proposed law the right to amend such law while it was before the General Court for a vote upon its enactment. … He advised them that the trial of causes shoüld be a proceeding to learn the truth and to establish justice, and not a game to be won or lost by rigid rules.

Atlanticare Medical Center v. Commissioner of the Division of Medical Assistance

439 Mass. 1 · Massachusetts Supreme Judicial Court · Mar 20, 2003

The statute clearly designates the “State or local agency” as the entity responsible for collecting the reimbursement. … Moreover, it is clear that when subparagraphs (E) and (F) were added, Congress did not intend to qualify subparagraph (B), but rather to limit the scope of subparagraph (A), and the division acknowledges as much.