Case law

Commonwealth v. Molina

476 Mass. 388 · Massachusetts Supreme Judicial Court · Feb 7, 2017

Here, the warrant established a sufficient nexus, articulated with adequate particularity. … The judge agreed with the Commonwealth that Vicky qualified as a victim of the defendant's crimes who might be eligible for restitution, but declined to hold a restitution hearing because he found that to do so would

President of the Atlantic Bank v. President of the Merchants' Bank

76 Mass. 532 · Massachusetts Supreme Judicial Court · Mar 15, 1858

And in accepting all the bills which were delivered to them for that purpose, it is clearly shown that they acted in the most perfect good faith. … But he was detected and lost the opportunity of consummating his intentions in this particular; and his failure and miscarriage at last cannot qualify or affect the rights of the defendants or the character of his own preceding

Commonwealth v. Baye

462 Mass. 246 · Massachusetts Supreme Judicial Court · May 21, 2012

Early in this second monologue, Mazza represented to the defendant, contrary to Massachusetts law, that the deaths caused by the arson would not qualify as murders if the defendant had not acted “with the intention of killing … App. 4th 1450, 1486 (1993) (among other improper tactics, police “clearly suggested . . . [defendant] would avoid the more serious charge by [making an] admission”; People v.

New York & Massachusetts Motor Service, Inc. v. Massachusetts Commission Against Discrimination

401 Mass. 566 · Massachusetts Supreme Judicial Court · Jan 19, 1988

Thus, New York-Mass could show undue hardship if it could establish that Mislak’s absence would cause staffing levels to fall below the minimum level needed to operate the business. … Green, 411 U.S. 792 (1973), which, in that factual context, requires the complainant to prove a four-element prima facie case: (1) that she is a woman; (2) that she applied and was qualified for the job for which the employer

Dynan v. Fritz

400 Mass. 230 · Massachusetts Supreme Judicial Court · Jun 10, 1987

He argues that the buy-back agreement clearly so provides. … that I.R.C. § 302(b)(2) (1982) imposed a requirement concerning the proportion of the stock which a seller could own after the first instalment of a sale compared to his proportion of the stock before the sale in order to qualify

Circuit City Stores, Inc. v. Commissioner of Revenue

439 Mass. 629 · Massachusetts Supreme Judicial Court · Jun 25, 2003

In its decision, the board concluded that the alternative location sales at issue qualified as Massachusetts sales and, thus, were properly subject to “sales/use” tax. 4 2. … The proposed amendments also suggest changes that *637 clearly distinguish between “delivery,” “physical possession,” and “receipt” of goods.

Commonwealth v. Flynn

362 Mass. 455 · Massachusetts Supreme Judicial Court · Sep 13, 1972

He was no less competent and qualified to testify after the count naming him as a victim was nol prossed. … This rule is not confined to cases where a conspiracy is charged, but it is applicable wherever a combination to effect a particular object is established.

Bristol Asphalt, Co., Inc. v. Rochester Bituminous Products, Inc.

Massachusetts Supreme Judicial Court · Feb 29, 2024

In Blanchard I, 477 Mass. at 155-156, 159-161, and Blanchard II, 483 Mass. at 206-207, in an attempt to more precisely protect petitioning and more clearly permit other lawsuits not based on "classic" petitioning activity … Columbia Pictures Indus., Inc., 508 U.S. 49, 57 (1993) (holding that petitioning activity with objectively reasonable basis is immunized from antitrust liability). Cf. Snyder v.

Dudley v. Sumner

5 Mass. 438 · Massachusetts Supreme Judicial Court · Oct 15, 1809

Besides, to a writ of formedon, the plea of ne dona pas is the formed and established general issue.' … A common recovery is a conveyance or common assurance of lands, &c., in which there must be actores fabulm, properly qualified.

Nett v. Bellucci

437 Mass. 630 · Massachusetts Supreme Judicial Court · Sep 4, 2002

The question, then, was whether the March 10, 1999, filing of a motion for leave to amend qualified as the “commencement” of the action against Dr. Gross for purposes of the statutes of repose. … The filing of the motion to amend is a step that is as clearly recorded, and clearly documented by court records, as the filing of the amended complaint itself.

Herbert A. Sullivan, Inc. v. Utica Mutual Insurance

439 Mass. 387 · Massachusetts Supreme Judicial Court · May 16, 2003

SRMG’s attempt to amend its pleadings after trial to add estoppel claims was clearly untimely and arguably prejudicial to Utica Mutual. … SRMG presented the testimony of John Herlihy, an attorney and former claims handler, who, although not qualified as an expert claims handler, was allowed to respond to hypothetical questions as to the proper handling of insurance

Commonwealth v. Gonzalez

469 Mass. 410 · Massachusetts Supreme Judicial Court · Aug 19, 2014

"[A] victim's out-of-court statement may qualify as a dying declaration if the 'statement [is] made . . . under the belief of imminent death and [the declarant] died shortly after making the statement, concerning the cause … After defense counsel objected to the testimony, the judge instructed the jury that the evidence was admitted for the sole purpose of establishing the defendant's state of mind and the relationship between the defendant

Commonwealth v. Hudson

417 Mass. 536 · Massachusetts Supreme Judicial Court · Apr 14, 1994

Karen Schwartz, a psychologist who qualified as an expert on sexually abused children, described posttraumatic stress disorder (PTSD). Dr. … The expert testimony in Dockham and Mamay was clearly relevant to the critical question of the credibility of the key witnesses, and was therefore held admissible.

Martignetti v. Haigh-Farr, Inc.

425 Mass. 294 · Massachusetts Supreme Judicial Court · Jun 24, 1997

In this instance, we have recognized that the 1992 amendments “more clearly defined the nature of an action under § 4 of [c. 21E].” Oliveira v. … Saraland Apartments, 94 F.3d 1489, 1496, 1513-1514 (11th Cir. 1996) (party not qualifying as “innocent” may only bring claim against other responsible parties under § 113, not § 107); Control Data Corp. v. S.C.S.C.

Hannon v. Original Gunite Aquatech Pools, Inc.

385 Mass. 813 · Massachusetts Supreme Judicial Court · Apr 20, 1982

These provisions, printed in block letters, were clearly readable. Aquatech sent a tracked vehicle to excavate. The operator soon encountered water and buried stumps, and was unable to continue. … The brochure stated that “[b]efore the pool qualifies as a full-fledged ‘Aquatech Pool’, however, it must be designed and constructed to the highest quality specifications.”

Moe v. Sex Offender Registry Board

467 Mass. 598 · Massachusetts Supreme Judicial Court · Mar 26, 2014

If the statute is retroactive, we look to see whether the Legislature clearly intended it to be retroactive. Where it so intended, we determine whether retroactive application is constitutional. 1. … The impairment of a vested substantive right certainly qualifies as a new legal consequence that would render a statute retroactive, but it is not the only new legal consequence that would do so.

Graham v. District Attorney for the Hampden District

Massachusetts Supreme Judicial Court · Jan 23, 2024

CPCS is a Statewide entity established under G. … Accordingly, the special master later deemed the 911 call "clearly exculpatory."

Commonwealth v. Borans

379 Mass. 117 · Massachusetts Supreme Judicial Court · Sep 4, 1979

Grand jurors are capable of judging credibility and they are free to disbelieve a witness and persevere in an investigation without immunizing a perjurer.” United States v. … See infra at 145-148. 6 Bowden testified at trial under a grant of immunity.

Commonwealth v. Colon

482 Mass. 162 · Massachusetts Supreme Judicial Court · May 3, 2019

The judge found that juror no. 3 "indicated very clearly that she didn't have any concerns now." Over the defendant's objection, juror no. 3 was not excused. … "A non-English speaker, throughout a legal proceeding, shall have a right to the assistance of a qualified interpreter." G. L. c. 221C, § 2.

New England Telephone & Telegraph Co. v. Department of Public Utilities

360 Mass. 443 · Massachusetts Supreme Judicial Court · Nov 11, 1971

The Company counters with the argument that the record demonstrates clearly that “investment and expenses were growing faster than revenues, thereby necessarily eroding its rate of return.” … Although these expenses should be scrutinized with care by the commission they should not be disallowed or reduced unless it clearly appears that they are excessive or unwarranted or incurred in bad faith.”