Case law

Commonwealth v. Turner

371 Mass. 803 · Massachusetts Supreme Judicial Court · Feb 2, 1977

As a result of promises of immunity from the Norfolk district attorney, and after having received a limited grant of immunity from this court, John F. … The requirements of the statute have clearly been met in these cases.

Mullins v. Pine Manor College

389 Mass. 47 · Massachusetts Supreme Judicial Court · May 2, 1983

The common law doctrine of charitable immunity provides that charitable institutions are immune from liability for their torts. McDonald v. Massachusetts Gen. Hosp., 120 Mass. 432, 436 (1876). … A fair reading of the expert’s testimony clearly indicates that it was based on facts in the record. Cases like Slater v. T.C.

In the Matter of Tocci

413 Mass. 542 · Massachusetts Supreme Judicial Court · Oct 8, 1992

In Novak , the applicant would have qualified to take the bar examination except that the requirements of S.J.C. … There is clearly a direct rational connection between the requirement of graduation from an accredited law school and an applicant’s fitness to practice law.

Spring v. Geriatric Authority of Holyoke

394 Mass. 274 · Massachusetts Supreme Judicial Court · Mar 14, 1985

Consistent with the common law principles of governmental immunity which preceded the Massachusetts Tort Claims Act, we conclude that public employers retain their immunity from suits arising from intentional torts. … The inverted rule here creates an immunity, and establishes liability by exception.” Id. at 621 . In Morash we urged the abrogation of governmental immunity by legislative action.

Tober Foreign Motors, Inc. v. Reiter Oldsmobile, Inc.

376 Mass. 313 · Massachusetts Supreme Judicial Court · Sep 7, 1978

There, a California statute had established a marketing plan for agricultural products. … Virginia State Bar, 421 U.S. 773 (1975), cited by the plaintiffs, supports their claim that the "state action” immunity is inapplicable here.

Perley v. City of Cambridge

220 Mass. 507 · Massachusetts Supreme Judicial Court · Mar 31, 1915

We are able to perceive no sound reason why this well established rule should not apply in instances where a municipality enters without shadow of right and as a pure trespasser upon the land of another and without consent … A municipality enjoys no special immunity in this respect not accorded in general to others. It commonly possesses the power to exercise eminent domain and thus take the property of the landowner against his will.

Commonwealth v. Federico

383 Mass. 485 · Massachusetts Supreme Judicial Court · Apr 28, 1981

. §§ 1021 to 1031, ERISA establishes minimum standards for pension plans, §§ 1051 to 1086, and provides for civil remedies for violations of the act’s provisions, §§ 1132, 1140. … Qualified exceptions to this broad preemption are made for State laws regulating insurance, banking, and securities. § 1144(b)(2). 4 Further, the preemption provision “shall not apply to any generally applicable criminal

Wheaton College v. Labor Relations Commission

352 Mass. 731 · Massachusetts Supreme Judicial Court · Jun 14, 1967

Garland Sch. of Home Making, 296 Mass. 378 (tax immunity) ; Assessors of Dover v. Dominican Fathers, Province of St. Joseph, 334 Mass. 530, 538 , and cases cited (tax immunity); Boxer v. … Boston Symphony Orchestra, Inc. 342 Mass. 537, 540-541 (tort immunity); Grueninger v. President & Fellows of Harvard College, 343 Mass. 338 (tort immunity).

Duracraft Corp. v. Holmes Products Corp.

427 Mass. 156 · Massachusetts Supreme Judicial Court · Mar 25, 1998

solely “based on” the petitioning activity: a defamation claim, for example, can be tested by showing that the defendant’s petitioning activity was devoid of factual or legal support and thus can overcome a presumption of qualified … immunity.

Commonwealth v. Meas

467 Mass. 434 · Massachusetts Supreme Judicial Court · Mar 12, 2014

Pen was clearly frightened. After the showup identifications were completed, at some point after 12:45 a.m., the defendant and the other occupants of the black Honda were transported to the Lowell police station. … Also, the jury *451 were not required to rely on Badillo’s testimony to establish the salient facts concerning the shooting.

Commonwealth v. Reyes

464 Mass. 245 · Massachusetts Supreme Judicial Court · Jan 29, 2013

What then qualifies as a securely locked container? … A person in lawful possession of a handgun who uses one of these devices is entitled to immunity from a qualified civil liability action. See 18 U.S.C. § 922 (z)(3)(A) (2006).

Onofrio v. Department of Mental Health

408 Mass. 605 · Massachusetts Supreme Judicial Court · Nov 19, 1990

DMH’s next contention is that it is immune from liability because, by virtue of G. L. c. 258, § 10 (b) (1988 ed.), the waiver of immunity otherwise provided by c. 258 does not apply. … Clearly, expert testimony is not a prerequisite to a finding about matters that are within ordinary human experience.

Fleet National Bank v. Wajda

434 Mass. 1009 · Massachusetts Supreme Judicial Court · Jun 28, 2001

In particular, in cases like this “[w]e have allowed the reformation of trust instruments which produced tax results that were clearly inconsistent with the settlor’s tax objectives.” Id., quoting BankBoston v. … to flow from the creation of a uni-trust; the respective interests of the life and charitable remainder beneficiaries (whom he obviously intended to benefit) will be greatly diminished by the imposition of taxes that he clearly

Commonwealth v. Reynolds

429 Mass. 388 · Massachusetts Supreme Judicial Court · Apr 15, 1999

Further, the statements were clearly material. … Immunity. The defendant asserted a defense of third-party culpability.

In the Matter of a Grand Jury Investigation

Massachusetts Supreme Judicial Court · Sep 8, 2020

Collins, 386 Mass. 1, 8 (1982) ("Evidence tending to impeach the credibility of a key prosecution witness is clearly exculpatory"). … Commonwealth, 453 Mass. 827, 832 (2009), citing Martin, supra at 502-503 (circumstances for invoking privilege "must clearly indicate a possibility of self- incrimination").

Furtado v. Town of Plymouth

451 Mass. 529 · Massachusetts Supreme Judicial Court · May 28, 2008

criminal investigations'''1 (emphasis added). 4 A judge granted summary judgment for the defendants, concluding that they were justified in ordering Furtado to take a lie detector test because their departmental investigation “clearly … Transactional immunity is “immunity from prosecution for offenses to which [the] compelled testimony relates.” Id. at 610 n.8, quoting Kastigar v. United States, 406 U.S. 441, 443 (1972). See Baglioni v.

Commonwealth v. Sanders

451 Mass. 290 · Massachusetts Supreme Judicial Court · Apr 30, 2008

The judge was also aware that the Commonwealth would not grant Baskins immunity. … Whether a grant of immunity should be extended is a matter reserved to the Commonwealth, see G. L. c. 233, § 20E, and the Commonwealth left no question that it would not immunize Baskin.

Commonwealth v. Karvonen

219 Mass. 30 · Massachusetts Supreme Judicial Court · Oct 22, 1914

Liberty is immunity from arbitrary commands and capricious prohibitions, but not the absence of reasonable rules for the protection of the community. Commonwealth v. Libbey, 216 Mass. 356 , and cases cited. … In the light of this well recognized significance of the red flag, it may be assumed that the Legislature regarded it as the symbol of ideas hostile to established order, and decided that its carrying in parades would be

Opinion of the Justices to the Senate

229 Mass. 601 · Massachusetts Supreme Judicial Court · Jul 1, 1918

The purpose and effect of that amendment, reported by a committee of which Daniel Webster was chairman, were clearly set forth by Lemuel Shaw, afterwards Chief Justice, who as a member of that convention was its leading supporter … To call the municipal organization established by the proposed bill, “town,” cannot modify its essential governmental nature. We are constrained to answer "each of the questions in the negative.

Commonwealth v. Harriman

134 Mass. 314 · Massachusetts Supreme Judicial Court · Feb 28, 1883

We are not able to see any just rule of construction by which we can thus limit and qualify the plain language of the proviso. … for which they were clearly liable to impeachment.