Case law

Frost v. Commissioner of Corporations & Taxation

363 Mass. 235 · Massachusetts Supreme Judicial Court · Mar 8, 1973

L. c. 65A, § 1, denies equal protection of the laws in the circumstances of these cases are well *248 established and not here in dispute. … Clearly their position could not have been presented in any other way at less direct cost to the Federal government.

Doucet v. FCA US LLC

Massachusetts Supreme Judicial Court · Jun 8, 2023

First, the Sebring was initially sent to a Rhode Island -- not a Massachusetts -- dealership, and second, the assumption of liability as a successor in interest does "not qualify as" the transaction of business. … In the context of a company doing extensive business in the forum State, this requirement is most clearly articulated in the United States Supreme Court's decision in Bristol-Myers, 582 U.S. 255.

Commonwealth v. Monahan

349 Mass. 139 · Massachusetts Supreme Judicial Court · May 3, 1965

The ground for the assignment is that the “question called for an opinion and the witness was not qualified as an expert.” … The trial judge did not abuse his discretion in concluding that the witness was qualified to give an expert opinion. 14.

Commonwealth v. Rogers

181 Mass. 184 · Massachusetts Supreme Judicial Court · Apr 2, 1902

It is suggested that the registration under §§ 36-38 may be closed twenty days before the caucus, so that persons who become qualified in the interim are-not allowed to vote. … So far as they might be evidence against the others after a conspiracy was established aliunde, there was no necessary order of proof. Commonwealth v. Smith, 163 Mass. 411, 418 . Commonwealth v.

Commonwealth v. Boston & Maine Railroad

57 Mass. 25 · Massachusetts Supreme Judicial Court · Jan 15, 1849

It is very clear, that the commonwealth, by an act of legislation, in express terms, may grant its lands, or any qualified interest or easement in land. … The latter, it is believed, has been the plan in regard to every railroad, thus far established in this commonwealth.

Cummings v. Secretary of Environmental Affairs

402 Mass. 611 · Massachusetts Supreme Judicial Court · Jun 20, 1988

Massachusetts Port Auth., supra , for this court to conclude that the Secretary's determination that no EIR is required may qualify as "damage caused or about to be caused" in "violation" of an environmental statute. … Chapter 30, § 62H, clearly does not itself purport to create such jurisdiction.

Commonwealth v. Robinson-Van Rader

Massachusetts Supreme Judicial Court · May 15, 2023

We conclude that it was not clearly erroneous. … The fact that Eunis's testimony was contradicted by his partner's testimony does not render the judge's finding clearly erroneous.

Gilmore v. Driscoll

122 Mass. 199 · Massachusetts Supreme Judicial Court · Mar 7, 1877

In the case of running water, the owner of each estate by which it flows has only the right to the use of the water for reasonable purposes, qualified by a like right in every other owner of land above or below him on'the … She is clearly not entitled to recover the cost of putting her land into and maintaining it in its former condition, because that is no test of the amount of the injury. McGuire v. Grant, 1 Dutcher, 356.

Commonwealth v. Veiovis

477 Mass. 472 · Massachusetts Supreme Judicial Court · Jul 19, 2017

I agree with the court that the posters hanging in the defendant’s apartment were not sufficiently similar to the methods by which the victims’ bodies were dismembered to qualify as modus operandi evidence. 1 1 also agree … The court concludes that this statement, clearly referring to the horrendous nature of the dismemberment and not any pertinent evidentiary point, is comparably “technical and analytic.” I disagree.

Haddad v. Gonzalez

410 Mass. 855 · Massachusetts Supreme Judicial Court · Aug 12, 1991

Such an injury is clearly not vicarious. See Baldassari v. Public Fin. Trust , 369 Mass, at 46. … These findings were supported by the evidence, and we cannot say that they were clearly erroneous. See Mass. R. Civ. P. 52 (a), 365 Mass. 816 (1974).

Hastings & Sons Publishing v. City Treasurer of Lynn

374 Mass. 812 · Massachusetts Supreme Judicial Court · Apr 18, 1978

In order to qualify the records for exemption, however, the custodian of these records must overcome the statutory presumption that the records sought are public. 6 G. L. c. 66, § 10 (c). … Their briefs do not establish the relevance of these statutory sections. Cf. Commonwealth v.

Massachusetts Probation Ass'n v. Commissioner of Administration

370 Mass. 651 · Massachusetts Supreme Judicial Court · Jul 12, 1976

L. c. 276, § 99A, and the Commissioner is empowered to qualify or disqualify an applicant for the position of probation officer. G. L. c. 276, § 99. … Furthermore, the statutes relating to State employees which are specified in § 7 apply only to employees clearly within the executive branch.

Clay v. Massachusetts Parole Board

475 Mass. 133 · Massachusetts Supreme Judicial Court · Aug 12, 2016

analysis, "not every retroactive procedural change creating a risk of affecting an [individual's] terms or conditions of confinement is prohibited," Garner, 529 U.S. at 250, and whether such a retroactive application qualifies … Youngblood, 497 U.S. 37, 42 (1990), held that the amendment was "clearly procedural in nature and [did] not alter the criteria that the [b]oard applies in determining parole eligibility." Gonzalez, supra.

Town Planning & Engineering Associates, Inc. v. Amesbury Specialty Co.

369 Mass. 737 · Massachusetts Supreme Judicial Court · Feb 13, 1976

conclusion that blasting without complying with the requirements ... is so repugnant to public policy that the defendant should receive a gift of the plaintiff’s services.” 14 Professor Corbin adds: “The statute may be clearly … 30 A.L.R. 834 (1924); 42 A.L.R. 1226 (1926); 118 A.L.R. 646 (1939); 82 A.L.R.2d 1429 (1962); 26 A.L.R.3d 1395 (1969). 16 We pass over objections to the judge’s charge on grounds of argumentativeness and the like as not established

Nancy P. v. D'AMATO

401 Mass. 516 · Massachusetts Supreme Judicial Court · Jan 13, 1988

The judge found that the mother suffered no physical consequences from the events, and he was not clearly erroneous in so finding. … The defendant had called her as a witness but had not attempted to qualify her as an expert. The witness’s background warranted the judge’s implied finding of her qualification to give the opinions sought.

Commonwealth v. Colon-Cruz

393 Mass. 150 · Massachusetts Supreme Judicial Court · Oct 18, 1984

The same dictionary defines “regulate” as follows: “To fix, establish, or control; to adjust by rule, method, or established mode; to direct by rule or restriction; to subject to governing prin *159 ciples or laws ” (emphasis … Clearly, Jackson’s right to a jury trial was burdened unconstitutionally by such provision.” Mann, supra. LeRoy is also distinguishable .from Jackson and from the present,case.

Bliss v. Rice

34 Mass. 23 · Massachusetts Supreme Judicial Court · Sep 15, 1835

We proceed to inquire, whether the proprietors of the saw-mill have an absolute, or only a qualified right to the river against the south shore opposite to their mill privilege. *32 In 163S the site now occupied for the saw-mill … The acts and declarations of the Bartletts upon that matter, being against their owrn interests, were clearly admissible The water, a foot, more or less, in depth, that runs over *36 the top of the dam, is not, as it regards

Pina v. Superintendent, Massachusetts Correctional Institution

376 Mass. 659 · Massachusetts Supreme Judicial Court · Nov 16, 1978

Alternatively the defendant argues that we should abandon the long established rule prohibiting appeal from the grant of habeas corpus. … That the Legislature adopted this recommendation is clearly reflected in the language of § 129 which ties the granting and revocation of crfedit to time spent in confinement.

Curtis v. Francis

63 Mass. 427 · Massachusetts Supreme Judicial Court · Mar 15, 1852

It is true, that a mortgagee has a right to bring a suit, in the form of a real action ; but it is a peculiar proceeding, and qualified by provisions of law. … In that, it was stated, perhaps without qualifying terms, that the solid structure of Capen & Drake’s wharf was to be taken as the southern boundary called for, by that deed of Hatch to Curtis & Ridley.

Halebian v. Berv

457 Mass. 620 · Massachusetts Supreme Judicial Court · Aug 23, 2010

Rule 1:03, as amended, 382 Mass. 700 (1981), the following question of State law: “Under Massachusetts law, can the business judgment rule, established under Mass. Gen. … Laws Ann. at 147-148 (West Supp. 2010). 12 The Legislature has clearly distinguished between the terms “commence” and “maintain” elsewhere in the Act. See G.