Case law

Dalessio v. Dalessio

409 Mass. 821 · Massachusetts Supreme Judicial Court · Apr 29, 1991

The judge also should make provision for division of interest on the joint account since the time of the original judgment in accordance with the percentages established in the corrected judgment as amended. … Lewis, 383 Mass. 801, 803 (1981), and the amendment here — by adjusting the wife’s recovery upward by over $50,000 — clearly effected substantive relief.

Johnson v. Johnson

215 Mass. 276 · Massachusetts Supreme Judicial Court · Jun 18, 1913

That intention is clearly expressed. It is the intention naturally suggested by the circumstances under which the will was executed. … There is no qualifying adjective or phrase like"“necessary,” “comfortable” or “at the discretion” of the wife.

Commonwealth v. Haas

373 Mass. 545 · Massachusetts Supreme Judicial Court · Nov 1, 1977

However, the thrust of the argument made in this case clearly requested the jury to draw an inference adverse to Haas from his failure to deny his guilt voluntarily. … First, he urges that the Comrqonwealth failed to establish that the witness possessed sufficient background, training and experience to qualify as an expert within his field.

Commonwealth v. Castano

Massachusetts Supreme Judicial Court · Oct 6, 2017

The motion judge ruled that the defendant's responses to these two sets of inquiries were admissible at trial under the public safety exception to the Miranda exclusionary rule, as first established in New York v. … Assuming such familiarity was required, this witness clearly possessed it, having test-fired over 1,000 weapons and having worked as a State police ballistician for over eight years. See Commonwealth v.

Guinan v. Famous Players-Lasky Corp.

267 Mass. 501 · Massachusetts Supreme Judicial Court · Jun 4, 1929

Expert witnesses, who were qualified as possessing peculiar skill and knowledge in chemical science not common to men in general, testified as to their opinions. It is plain that such testimony was admissible. … Doherty and Schaefer were asked by counsel for the railway company, subject to the defendant’s exception, if they knew that the interstate commerce commission had established regulations concerning transportation of film

Massachusetts Ass'n of Older Americans v. Commissioner of Insurance

393 Mass. 404 · Massachusetts Supreme Judicial Court · Nov 29, 1984

Clearly, no party disputes the demonstrated increase in the cost of prescription drugs. Rather, MAOA merely challenges Blue Cross and Blue Shield’s explanation of that increase. … There is no indication in the record that the commissioner intended to qualify that power in any way. *415 However, MAOA points out that G.

Spiegel v. Beacon Participations, Inc.

297 Mass. 398 · Massachusetts Supreme Judicial Court · Jun 10, 1937

Of course, this gave no immunity to the defendant directors to be guilty of bad faith. … Since no liability is established against the defendant Mumford he should be omitted from paragraph V and included in paragraph VI.

Somes v. Skinner

20 Mass. 52 · Massachusetts Supreme Judicial Court · Jul 11, 1825

We have labored much to come to the conclusion contended for by the demandant’s counsel, as the equity of the case is clearly on that side, so far as we can judge from the conveyances, but we find ourselves met at every step … It would be but a feeble title which would not enable the holder to defend his possession against trespassers, or those who should attempt to disseise him after his title is established.

Collective Bargaining Reform Ass'n v. Labor Relations Commission

436 Mass. 197 · Massachusetts Supreme Judicial Court · Mar 5, 2002

L. *203 c. 150E, § 4. 5 *To qualify as an “adjudicatory'proceeding,” however, the hearing must determine the “legal rights, duties or privileges” of “specifically named persons.” … Labor Relations Comm’n, supra, the union had petitioned the commission to establish separate bargaining units of professional teachers within the same school department. See id. at 119.

Loyal Protective Life Insurance v. Massachusetts Indemnity & Life Insurance

362 Mass. 484 · Massachusetts Supreme Judicial Court · Sep 18, 1972

They argue that this provision clearly indicates that the acquiring party may be a “controlled” corporation. … It is well established that “[cjourts of equity, in certain cases under . . . [their] general powers, allow counsel fees. Frost v. Belmont, 6 Allen, 152 . Brown v. Corey, 134 Mass. 249, 251 .” Sears v.

Gram v. Liberty Mutual Insurance

391 Mass. 333 · Massachusetts Supreme Judicial Court · Mar 6, 1984

employer as the result of such an employee’s discharge, we concluded that “the obligation of good faith and fair dealing imposed on an employer requires that the employer be liable for the loss of compensation that is so clearly … The court now seems to qualify this prior ruling by stating that “because we exclude the effects of endorsements in measuring the renewal commissions recoverable, the portion of Gram’s time reasonably expected to be devoted

Jackson v. Phillips

96 Mass. 539 · Massachusetts Supreme Judicial Court · Jan 15, 1867

This charity was established by decree in chancery in 1686. … States, but that intention could not be carried into effect; and he approved a scheme to apply the capital and income in purchasing and building school-houses for the education of the emancipated apprentices and their issue, qualifying

Oberlies v. Attorney General

479 Mass. 823 · Massachusetts Supreme Judicial Court · Jun 18, 2018

In September, 2017, the Attorney General certified that Initiative Petition 17-07 is in proper form for submission to the people; that it is not substantially the same as any measure qualified for submission to the people … Additionally, "[t]he two subjects in this petition are clearly not 'mutually dependent.' In fact, the opposite seems true."

Commonwealth v. DiMarzo

364 Mass. 669 · Massachusetts Supreme Judicial Court · Feb 28, 1974

New York, 370 U.S. 139, 143 (1962), that "to say that a public jail is the equivalent of a man's `house' or that it is a place where he can claim constitutional immunity from search or seizure of his person, his papers, or … More important, I conclude that it has apparently been established that there is no error under the United States Constitution in the admission of such evidence. Spencer v.

Commonwealth v. Dabrieo

370 Mass. 728 · Massachusetts Supreme Judicial Court · Aug 3, 1976

There clearly was sufficient evidence for submission of the case to the jury on the issue of the defendant’s guilt. … The motion judge found that the period of seven months from approximately February, 1973, to August, 1973, was attributable to the Commonwealth and was due in large measure to a heavy caseload and shortage of qualified personnel

GINA M. FERRINI, as Personal Representative of the Estate of PETER F. MONSINI v. HYM INVESTMENT, GROUP, LLC, BULFINCH UNIT a OWNER, LLC, GZA GEOENVIRONMENTAL, INC., And

Massachusetts Supreme Judicial Court · Mar 27, 2025

[w]hen plaintiffs seek punitive damages, however, a majority of federal courts permit pretrial discovery of financial information about the defendant without requiring plaintiff to establish a prima facie case on the issue … Federal tax returns, in turn, are subject to a qualified privilege, and Plaintiff has not shown the requisite substantial need for such records. See Town Taxi, Inc. v.

DaRosa v. City of New Bedford Monsanto Co.

471 Mass. 446 · Massachusetts Supreme Judicial Court · May 15, 2015

The judge noted that "but for the public records law, said materials would clearly constitute attorney work product, and would be subject to a heightened standard for disclosure as codified in Mass. R. Civ. … The judge allowed DEP's motion, "concluding that because the [act] should not be read as an implicit legislative abrogation of well-established legal doctrines, work product enjoys an implied exemption from disclosure

Commonwealth v. Imbert

479 Mass. 575 · Massachusetts Supreme Judicial Court · May 18, 2018

The reconstruction was adequate and conforms to the procedure established in Commonwealth v. Harris, 376 Mass. 74, 78-80 (1978). … Given the short time between the shooting and Charles's statement, the statement clearly qualifies as an excited utterance.8 "[S]tatements admissible as spontaneous utterances must also satisfy the confrontation

In the Matter of McKnight

406 Mass. 787 · Massachusetts Supreme Judicial Court · Mar 6, 1990

The court, citing the well-established rule that a judge cannot order a public agency to act in a particular manner unless there is but one avenue through which that agency can fulfil its legal obligations, concludes that … The court fails to show that these findings were clearly erroneous.

Commonwealth v. Silva

471 Mass. 610 · Massachusetts Supreme Judicial Court · Jun 11, 2015

As the Commonwealth points out, the opening statement of the prosecutor clearly reflected the Commonwealth's position that the defendant and Pimental acted together in committing the murder, as did the defendant's own … circumstances of the killing and injuries sustained by the victim are not consistent with anything other than intent to do grievous bodily harm or an  22 intent qualifying