Case law

Commonwealth v. Dormady

423 Mass. 190 · Massachusetts Supreme Judicial Court · Jul 15, 1996

And again if [there] is any intent here to establish you know, I don’t know how it would be done (inaudible) any criminal investigation, I would want it understood on the record that he would have this appropriate immunity … The judge’s findings that Dormady’s testimony was compelled, and that he sufficiently asserted his privilege against compelled self-incrimination embodied in art. 12 were not clearly erroneous and will be upheld.

Patel v. Martin

481 Mass. 29 · Massachusetts Supreme Judicial Court · Nov 28, 2018

Thus, for example, we allow immediate appeals from an order denying a motion to dismiss by a government official who claims absolute or qualified immunity, because the purpose of such immunity is to … trial, the right to immunity from suit would still have been "lost forever."

Commonwealth v. Vacher

469 Mass. 425 · Massachusetts Supreme Judicial Court · Aug 19, 2014

He further argues that the witness immunity statute, G. … L. c. 233, § 20E (a), is unconstitutional insofar as it "clearly inures to the benefit of only one party in our adversary system of justice."

Commonwealth v. Sullivan

435 Mass. 722 · Massachusetts Supreme Judicial Court · Jan 30, 2002

As the judge stated, the defendant produced “no evidence either establishing such a material understanding or contradicting the affidavit.” … As the judge concluded, the defendant’s claim is unsupported by the record and is in contrast to the Commonwealth’s affidavit clearly stating that Rogovich received immunity and nothing more.

Trustees of the Stigmatine Fathers, Inc. v. Secretary of Administration & Finance

369 Mass. 562 · Massachusetts Supreme Judicial Court · Jan 14, 1976

The transcript of the hearing on the motion does not show this, but it does not clearly show the contrary. … We think we should finally lay it to rest. *568 The statute required an “independent appraisal ... by a qualified disinterested appraiser.”

Mulgrew v. City of Taunton

410 Mass. 631 · Massachusetts Supreme Judicial Court · Jul 11, 1991

A qualified or conditional privilege, on the other hand, immunizes a defendant from liability unless he or she acted with actual malice, Tosti v. … The judge’s finding that the plaintiff voluntarily resigned from the city’s police department was not clearly erroneous.

Anzalone v. Administrative Office of the Trial Court

457 Mass. 647 · Massachusetts Supreme Judicial Court · Aug 30, 2010

P. 12 (b) (6), 365 Mass. 754 (1974), estoppel, fraud, failure of a condition precedent, *651 and sovereign immunity. … Nor is there any hint in the statute that the Commonwealth has agreed to waive its sovereign immunity to permit such claims. See DeRoche v.

Vassallo v. Baxter Healthcare Corp.

428 Mass. 1 · Massachusetts Supreme Judicial Court · Jul 16, 1998

Once again, this letter did not completely address the potential effects of silicone migration on the body’s immune system. Mrs. … Garrido’s claimed observations of [silicone] in the NMR is supported by scientifically valid reasoning and methodology . . . and are clearly relevant to the matter at hand.”

Brown, Rudnick, Freed & Gesmer v. BD OF ASS. OF BOSTON

389 Mass. 298 · Massachusetts Supreme Judicial Court · May 31, 1983

Commissioner of Corps. & Taxation, 263 Mass. 476, 485-486 (1928). “ [T]he burden of proof is upon the one claiming an exemption from taxation to show clearly and unequivocally *304 that he comes within the terms of the exemption … that a corporation doing business with its parent entity qualifies as a “domestic business corporation” within the meaning of G.

Rasheed v. Commissioner of Correction

446 Mass. 463 · Massachusetts Supreme Judicial Court · Apr 7, 2006

Qualified immunity. … The issues and the time period in question in that case and this, are sufficiently similar for us to conclude that entry of summary judgment for the defendants here would have been proper on qualified immunity grounds.

Commonwealth v. Curtis

388 Mass. 637 · Massachusetts Supreme Judicial Court · Apr 7, 1983

L. c. 211, § 3, requesting a grant of immunity to a defense witness. … Here, the prosecutor clearly established that the Commonwealth had a strong interest in opposing a grant of immunity.

Commonwealth v. John

442 Mass. 329 · Massachusetts Supreme Judicial Court · Aug 10, 2004

John argues on appeal that the judge’s findings of fact are clearly erroneous and not supported by the evidence. … John suggests that the May 21 notice speaks for itself and establishes a broad grant of immunity, and he emphasizes that the May 21 notice is the only documentary evidence on the subject of any immunity.

Town of Boxford v. Massachusetts Highway Department

458 Mass. 596 · Massachusetts Supreme Judicial Court · Dec 28, 2010

If the town does so, it may also seek to establish that it is entitled to injunctive relief pursuant to G. L. c. 214, § 7A. 21 b. Mandamus. … L. c. 85, § 7A, clearly involve discretion and judgment.

Locator Services Group, Ltd. v. Treasurer & Receiver General

443 Mass. 837 · Massachusetts Supreme Judicial Court · Apr 11, 2005

Sovereign immunity. The Treasurer argues further that the doctrine of sovereign immunity bars Locator Services’s claims. We disagree. … Applying this standard, the Commonwealth has clearly abrogated its immunity in § 10A by expressly authorizing an action for mandamus relief and damages.

Irwin v. Town of Ware

392 Mass. 745 · Massachusetts Supreme Judicial Court · Aug 15, 1984

The letter also fails to qualify under the statute because the writer clearly relied upon information from other persons and it was not shown that those persons had reported that information as business routine. … removed the defense of immunity in certain tort actions against. . . municipalities. ...

Commonwealth v. Andrade

468 Mass. 543 · Massachusetts Supreme Judicial Court · Jun 25, 2014

Redirect examination of immunized witness. Edwin, who at trial recounted various incriminating statements made by the defendant following the victim’s death, testified pursuant to a grant of immunity. … It should be noted that he did not even reference the immunity agreement or Edwin’s obligations thereunder.

George S. Carrington Co. v. State Tax Commission

375 Mass. 549 · Massachusetts Supreme Judicial Court · Jun 29, 1978

Clearly, these goods were “in” interstate commerce once they were delivered to the post office. … Carrington’s argument assumes that interstate commerce enjoys a sort of “free trade” immunity from State taxation, but this view has been abandoned by the United States Supreme Court in favor of an approach that considers

Commonwealth v. Prater

431 Mass. 86 · Massachusetts Supreme Judicial Court · Mar 22, 2000

(b) Instruction regarding testimony of immunized or accomplice witnesses. Relying primarily on Commonwealth v. … Ethel Jones testified as part of her plea agreement and Amaury Soriano testified in exchange for a grant of immunity.

Newton-Wellesley Hospital v. Magrini

451 Mass. 777 · Massachusetts Supreme Judicial Court · Jul 10, 2008

L. c. 112, § 2,] or qualified psychiatric nurse mental health clinical specialist authorized to practice as such under regulations promulgated pursuant to [G. … L. c. 112, § 80S,] or a qualified psychologist licensed pursuant to [G.

Commonwealth v. Alicea

464 Mass. 837 · Massachusetts Supreme Judicial Court · Apr 12, 2013

Although the juror’s response of “not guilty” clearly appears in the transcript, the transcript reflects no other indication by the judge, the attorneys, the clerk, or the jury that there was any question or issue with respect … The jury need only find one of these factors to establish the element of extreme atrocity or cruelty. Commonwealth v. Young, 461 Mass. 198, 204 (2012).