Case law

Kattar v. Demoulas

433 Mass. 1 · Massachusetts Supreme Judicial Court · Dec 8, 2000

The defendants’ conduct occasioning foreclosure as retribution for Kattar’s refusal to testify qualifies as actionable conduct under § 11. … We cannot conclude that this finding was clearly erroneous. See Clegg v. Butler, 424 Mass. 413, 420 (1997) (determining that judge’s c. 93A findings will not be disturbed unless clearly erroneous).

Daley v. Daley

308 Mass. 293 · Massachusetts Supreme Judicial Court · Feb 24, 1941

The trustee named in the will never qualified. … Although the trustee named in the will never qualified, nevertheless one of the life tenants was appointed as such in 1937.

Commonwealth v. Otsuki

411 Mass. 218 · Massachusetts Supreme Judicial Court · Nov 18, 1991

After much negotiation, Burkhart entered into an immunity agreement and testified for the Commonwealth. … This relevant evidence established a critical aspect of the Commonwealth’s case, namely, motive.

Commonwealth v. Jessup

471 Mass. 121 · Massachusetts Supreme Judicial Court · Apr 8, 2015

I . . . felt worthless and it hurt, so it caused me to not think clearly and to go out and do some dumb shit. … Here, the policy was established to ensure safety and security within the prison.

Commonwealth v. City of Roxbury

75 Mass. 451 · Massachusetts Supreme Judicial Court · Oct 15, 1857

But the grant was not unlimited ; it was qualified by the limitation, that it should not extend above eight miles from the meeting-house. … every part of the Charles River and from the Atlantick to “the South Sea,” and all lands, waters, fishings and mines, all islands lying on the coasts, and “ all jurisdictions, rights, royalties, liberties, freedoms. *504 immunities

Commonwealth v. Morales

440 Mass. 536 · Massachusetts Supreme Judicial Court · Dec 11, 2003

Although the defendant claims prejudice from this series of events, none has been established. … The court held that the statement was admissible to establish consciousness of guilt.

Commonwealth v. Carney

458 Mass. 418 · Massachusetts Supreme Judicial Court · Dec 8, 2010

The findings of the judge as to all three violations of the discovery orders were clearly erroneous, and the imposition of the $25,000 punitive fine was an error of law. … Equally unavailing is the Commonwealth’s argument that the “principle of sovereign immunity protects the public treasury” from the issuance of monetary sanctions against it.

General Outdoor Advertising Co. v. Department of Public Works

289 Mass. 149 · Massachusetts Supreme Judicial Court · Jan 8, 1935

Their aesthetic effect never has been thought unworthy of careful consideration by those best qualified to appreciate it.” … While, as already pointed out, the circumstance that art. 50 is a part of the Constitution of the Commonwealth gives it no immunity from being brought to the test of conformity to the provisions of the Federal Constitution

Clarke v. Stanwood

166 Mass. 379 · Massachusetts Supreme Judicial Court · Jun 16, 1896

Dean, 3 Allen, 579 , and Baker’s case, 8 Cush. 109 , as in effect qualifying, if not overruling, Barclay v. Phelps and Agawam Bank v. Morris, ubi supra. We do not so regard them. … In the case of an insolvent firm, their rights in that regard, and in the choice of assignees and the matter of discharge, are fully protected and established by proof against the firm; and it certainly would be a hardship

Copeland v. New England Marine Insurance

43 Mass. 432 · Massachusetts Supreme Judicial Court · Mar 15, 1841

, whose duties and powers are as distinctly defined and well established as those of the master. … He must be qualified, in point of general capacity, for the office of master. Robinett v. Ship Exeter, 2 Rob. 261 .

Commonwealth v. Pon

469 Mass. 296 · Massachusetts Supreme Judicial Court · Aug 15, 2014

As part of this burden of proof, the defendant must establish that "he or she risks suffering specific harm if the record is not sealed." Id. at 152. See Pokaski, 868 F.2d at 507 n.18. … With the passage of at least some time, however, the potential damage resulting from public availability is done, and the record may exist in the databases of third-party background check services, immune in practice

Proprietors of Charles River Bridge v. Proprietors of Warren Bridge

24 Mass. 344 · Massachusetts Supreme Judicial Court · Jan 12, 1830

For it does not bind the crown in its power of qualifying the right granted, by subsequent modifications which the public good may require. … By the 12th, “no subject shall be deprived of his property, immunities, privileges or estate, but by the judgment of his peers, or the law of the land.”

Commonwealth v. Sees

374 Mass. 532 · Massachusetts Supreme Judicial Court · Mar 3, 1978

If the ordinance at issue here applied to other than drinking establishments, it would clearly be unconstitutional on its face as an impermissible restriction on expression in the performing arts. … and similar establishments."

In the Matter of Troy

364 Mass. 15 · Massachusetts Supreme Judicial Court · Jul 26, 1973

Of course, we do not imply that judges should be immune from criticism arising out of their exercise of judicial discretion and judgment. … Taken cumulatively, they clearly require the result we have reached.

Mobil Oil Corp. v. Attorney General

361 Mass. 401 · Massachusetts Supreme Judicial Court · Mar 15, 1972

“The intention of Congress to exclude States from exerting their police power must be clearly manifested.” Napier v. Atlantic Coast Line R.R. 272 U. S. 605, 611 , and cases cited. Commonwealth v. … Equally well established in our law is the principle that one cannot operate his business or pursue his profession in any manner he sees fit, that he is subject to reasonable regulations established to govern the operation

Commonwealth v. Vinnie

428 Mass. 161 · Massachusetts Supreme Judicial Court · Aug 12, 1998

In our opinions, we have held that the statutory language establishes a defendant’s right to a jury’s determination of the degree of murder, but we have not decided whether a defendant may waive an instruction on murder in … Vinnie’s only claimed errors that would not qualify for one of these more favorable standards, because they were not preserved or resurrected, are his claims of ineffective assistance of counsel for not moving to suppress

Providence & Worcester Railroad v. Energy Facilities Siting Board

453 Mass. 135 · Massachusetts Supreme Judicial Court · Jan 27, 2009

The board is an independent agency established by the Legislature within the Department of Public Utilities. 3 See G. L. c. 164, § 69H. … We think the Legislature clearly intended “new,” as used in § 69G, to mean “[a] thing . . . not known [or] manufactured . . . before its advent.” Id.

NES Rentals v. Maine Drilling & Blasting, Inc.

465 Mass. 856 · Massachusetts Supreme Judicial Court · Jul 15, 2013

Here, relation back under rule 15 (c) clearly serves this purpose as it permits contractors, subcontractors, laborers, and suppliers to recover on a lien dissolution bond in an amended action to enforce a lien, without having … An amended complaint is a pleading that qualifies as a civil action within the meaning of § 14. See Mass. R. Civ.

Brown v. Thorndike

32 Mass. 388 · Massachusetts Supreme Judicial Court · Mar 15, 1834

It is to be remarked that the terms, ic purporting a disposition,” &c. are used as qualifying the whole will, and not as descriptive of particular words ; and in this respect there may be a slight difference between the meaning … devise, it is very clear that in making his will he thought and believed that the estate in Maryland would so pass ; because he gives directions to his trustee and devisee, in relation to the management of that estate, which clearly

Hurd v. Curtis

48 Mass. 94 · Massachusetts Supreme Judicial Court · Oct 15, 1843

On the contrary, we think the reservation was clearly out of the land granted; to wit, a perpetual easement or servitude, over the land thus granted, to make and maintain a canal of the dimensions and depth specified, with … The grantees accepted the grant, as thus described, qualified, and limited ; and this principal and substantive grant of water power, to be used and enjoyed with the land conveyed, was limited, not by the dimensions of any