Case law

Feeney v. Dell Inc.

454 Mass. 192 · Massachusetts Supreme Judicial Court · Jul 2, 2009

B.Z., 431 Mass. 150, 160 (2000) (“It is well established that courts will not enforce contracts that violate pubhc policy”). … Express Merchants’ Litig., 554 F.3d 300, 320 (2d Cir. 2009) (allowing enforcement of class action waiver in credit card acceptance agreement would grant corporation “de facto immunity from antitrust liability by removing

Commonwealth v. Hall

369 Mass. 715 · Massachusetts Supreme Judicial Court · Feb 13, 1976

Nina White, testifying under a grant of immunity, gave the following information in addition to that already attributed to her above. … The responsibility for ensuring that the record on appeal includes the information and material essential to establish an assigned error is on the defendant.

Openshaw v. Openshaw

Massachusetts Supreme Judicial Court · Mar 7, 2024

part of the estate of the other, including but not limited to, . . . funds accrued during the marriage and which shall include, but not be limited to, retirement benefits, military retirement benefits if qualified … Instead, we confine our review to determining whether the judge's factual findings that the parties challenge on appeal are clearly erroneous,  21 whether

Commonwealth v. Shipps

399 Mass. 820 · Massachusetts Supreme Judicial Court · May 12, 1987

“The mere possibility that an item of undisclosed information might have helped the defense, or might have affected the outcome of the trial, does not establish ‘materiality’ in the constitutional sense.” … Regardless of any defense testing on the charms, the testimony regarding the other jewelry clearly was probative of the defendant’s guilt. Cf. Commonwealth v.

Commonwealth v. Moscaritolo

Massachusetts Supreme Judicial Court · Mar 6, 2026

"It is well established that if, in a murder prosecution, the jury would be warranted in finding the defendant guilty of manslaughter, rather than murder, it is reversible error not to give an instruction on manslaughter … "[I]tems that are not dangerous weapons per se may, however, qualify as dangerous weapons as used." Commonwealth v. Keown, 478 Mass. 232, 249-250 (2017), cert. denied, 583 U.S. 1139 (2018). See, e.g., Commonwealth v.

Commonwealth v. Cousin

449 Mass. 809 · Massachusetts Supreme Judicial Court · Sep 24, 2007

Representing the Commonwealth in criminal trials is a quintessential prosecutorial function, of which the selection of a qualified and impartial jury is an integral part. … Swafford, 441 Mass. 329, 337 (2004) (where judge’s finding of fact not clearly erroneous, it warrants deference).

Commonwealth v. President of the Phœnix Bank

52 Mass. 129 · Massachusetts Supreme Judicial Court · Mar 15, 1846

established : First. … It provides for a chancery proceeding, by which a competent judicial tribunal is authorized to regulate the proceedings of a bank by an injunction, temporary or permanent, absolute or qualified, affecting all their proceedings

Haufler v. Zotos

446 Mass. 489 · Massachusetts Supreme Judicial Court · Apr 12, 2006

Certainly his finding is not clearly erroneous. … Because, he said, the deed at issue conveyed the triangular parcel with the existing dwelling on it to Zotos, “the Building Department no longer feels” that Haufler’s property “will qualify for a Building Permit.”

Hlatky v. Steward Health Care System, LLC

Massachusetts Supreme Judicial Court · Apr 28, 2020

She contends that remittitur was improper in this case because the jury's calculation is entitled to deference and the evidence introduced at trial clearly warranted a verdict in the amount awarded by the jury when one … The burden rests with the plaintiff to establish the date of breach.

In THE MATTER OF McKENNEY

384 Mass. 76 · Massachusetts Supreme Judicial Court · Jul 21, 1981

The court, regarding proceedings before the Commission on Judicial Conduct (commission), established pursuant to G.L.c. 211C, § 1, *77 as terminated, requested the Board of Bar Overseers (board), established pursuant to S.J.C … The five separate 90-day temporary appointments given to [Mary B.] permitted her to obtain the one year of social service work necessary to qualify for appointment as a probation officer. 9.

City of Boston v. Santosuosso

307 Mass. 302 · Massachusetts Supreme Judicial Court · Nov 22, 1940

Curley from January, 1930, until January, 1934, was the duly elected and qualified mayor of the city of Boston, and that “In or about November, 1933, the said James M. Curley and the . . . … Establishment of the truth of the allegation seems to be unnecessary.

O'BRIEN v. Borowski

461 Mass. 415 · Massachusetts Supreme Judicial Court · Jan 31, 2012

. *419 A person who is abused by someone other than a “family or household member” does not qualify for a protective order under c. 209A and could obtain a restraining order only by seeking injunctive relief in the Superior … To establish harassment, a complainant must prove that the defendant, motivated by cruelty, hostility, or revenge, wilfully committed three or more acts aimed at a specific person, each with the intent to cause that person

Commonwealth v. Whitman

453 Mass. 331 · Massachusetts Supreme Judicial Court · Mar 6, 2009

Rogers’s determination were the following factors: the defendant heard voices only inside his head (not outside); the defendant experienced no delusions (a false belief that is clearly improbable and not logical); psychosis … This testimony was established at a voir dire of each witness.

Fontaine v. Ebtec Corp.

415 Mass. 309 · Massachusetts Supreme Judicial Court · May 21, 1993

The large amount of the judgment entered in this case clearly demonstrates the force of the amendments to G. L. c. 151B, § 9, on a defendant’s potential liability. If the Legislature had intended the amendments to G. … 228, 235-236 (1984) (prohibiting recovery of cumulative damages under multiple counts of a complaint). 6 The defendants argue at some length that the plaintiff failed to show, as part of his prima facie case, that he was qualified

Commonwealth v. Walker

370 Mass. 548 · Massachusetts Supreme Judicial Court · Jun 24, 1976

The charge to the jury clearly and correctly pointed out that their duty was to consider all the evidence in reaching their decision on the defendant’s mental responsibility. … Notwithstanding the fact that this question was not answered, the defendant brought out quite clearly the relationship between Ms. Freeman and Arnold Walker, and further showed that Ms.

Adams v. Schneider Electric USA

Massachusetts Supreme Judicial Court · Jun 21, 2023

In determining whether a 4 In the antidiscrimination statute, "[t]he term 'age' unless a different meaning clearly appears from the context, includes any duration of time since an individual's birth of greater than … "[T]he plaintiff's initial burden of establishing a prima facie case is not intended to be onerous." Id. at 45.

Scudder v. Crocker

55 Mass. 323 · Massachusetts Supreme Judicial Court · Mar 15, 1848

It is a fact, worthy of some consideration, perhaps, though of itself not very decisive, that these were distinct concerns established for distinct purposes, the larger being a manufacturing establishment, carrying on the … Whatever the statute was in terms, in effect, it was a qualified legal proceeding in insolvency, or a modified state bankrupt law. Both firms simultaneously made similar assignments, and to the same trustees.

Massachusetts Electric Co. v. Department of Public Utilities

469 Mass. 553 · Massachusetts Supreme Judicial Court · Sep 4, 2014

Applying the prudence standard would run counter to the Legislature’s purpose where it clearly intended that the department adopt and enforce its own standards of what constitutes reasonable storm performance, not the utility … During the October snowstorm, the *570 company had the opposite problem as the ORP did not provide notices for 239 qualifying events.

Commonwealth v. Paszko

391 Mass. 164 · Massachusetts Supreme Judicial Court · Feb 14, 1984

The judge’s findings, along with the undisputed testimony at the hearing, establish the following. … The judge’s resolution of the discrepant testimony on these issues is not clearly erroneous, and we therefore accept his findings for purposes of review. Commonwealth v.

Commonwealth v. Mattis

Massachusetts Supreme Judicial Court · Jan 11, 2024

He has been qualified as an expert in developmental psychology approximately thirty times. … In Diatchenko I, we did not venture to determine who qualified as a juvenile or look to science to draw the line between childhood and adulthood; instead, we relied on the prefixed line established by society and the