Case law

Craney v. Attorney General

Massachusetts Supreme Judicial Court · Jun 27, 2024

Non- State actors engaging in anticompetitive conduct may also obtain State action immunity where "the challenged restraint [is] one clearly articulated and affirmatively expressed as [S]tate policy" and "the policy [ … See Seattle, 890 F.3d at 775-776. 7 We need not -- and do not -- decide whether the proposed law would, in fact, satisfy the requirements for State action immunity.

Commonwealth v. Andrews

403 Mass. 441 · Massachusetts Supreme Judicial Court · Nov 29, 1988

The evidence was clearly relevant to the issue of the credibility of Dawn Squires. There was no error. c. … Judgments affirmed. 2 Carol Sylvester had been granted immunity from prosecution. See G.

Kartell v. Blue Shield of Massachusetts, Inc.

384 Mass. 409 · Massachusetts Supreme Judicial Court · Aug 20, 1981

In its analysis of the case, the Court offered two possible rationales for holding private conduct immune from Federal antitrust attack. … L. c. 176B establishes a comprehensive scheme for the public supervision of medical service corporations.”

Cummington School of the Arts, Inc. v. Board of Assessors

373 Mass. 597 · Massachusetts Supreme Judicial Court · Nov 4, 1977

To qualify for the exemption, CSA had the burden of establishing not only that the purposes for which it was incorporated are charitable, but also that in actual operation it is a public charity. … The burden of proof is on CSA to establish clearly and unequivocally its right to an exemption (Boston Symphony Orchestra, Inc. v.

Cox v. New England Telephone & Telegraph Co.

414 Mass. 375 · Massachusetts Supreme Judicial Court · Feb 24, 1993

We are not persuaded that the judge’s findings in this regard were clearly erroneous. … We do not reach them because, even if the defendant should have allowed the plaintiff extra time or a third attempt to establish that he is capable of climbing safely with and without gaffs, the plaintiff’s case must fail

Kaplan v. Boudreaux

410 Mass. 435 · Massachusetts Supreme Judicial Court · Jun 18, 1991

In order to establish a condominium, the owner must record a master deed. G. L. c. 183A, § 2. … Clearly, a transfer of the sum total of a unit owner’s interests in a portion of the common area to another unit owner would affect percentage interest in the common area of both owners.

Theisz v. Massachusetts Bay Transportation Authority

Massachusetts Supreme Judicial Court · Dec 12, 2018

Governmental Immunity. Assault and Battery. Negligence, Bus, Employer, Governmental immunity. … In the context of claims of immunity from suit, we have held that the doctrine "applies in cases involving claims of immunity from suit pursuant to G.

Massachusetts General Hospital v. C.R.

Massachusetts Supreme Judicial Court · Apr 14, 2020

Taking the patient into police custody is clearly a worse alternative. … Her restraint here for five days clearly raises constitutional concerns.

Liberty Mutual Insurance v. Commissioner of Revenue

405 Mass. 352 · Massachusetts Supreme Judicial Court · Jul 11, 1989

Co., supra at 615, quoting Powell, The Waning of Intergovernmental Tax Immunities, 58 Harv. L. Rev. 633 , 633 (1945). … His power to affect the amount of tax payable under the formula established by the Legislature is purely incidental to those regulatory powers.

Beth Israel Hospital Ass'n v. Board of Registration in Medicine

401 Mass. 172 · Massachusetts Supreme Judicial Court · Nov 23, 1987

to testify about the PRC proceedings. 7 These protections of PRC activities do not apply to board proceedings. *175 Following the enactment of c. 351 the board adopted regulations establishing the outlines of a Qualified … (3) The health care facility and medical staff bylaws shall authorize the establishment of the following elements of a Qualified Patient Care Assessment Program: (a) The development and implementation of an incident reporting

RCN-BecoCom, LLC v. Commissioner of Revenue

443 Mass. 198 · Massachusetts Supreme Judicial Court · Jan 6, 2005

If bundled service providers with substantial telephone business cannot qualify as telephone companies under G. … The limited liability company originally was formed *201 to qualify as a competitive local exchange earner under the 1996 Telecommunications Act, 47 U.S.C. §§ 251-253 (2000), to compete with established telecommunications

Glaser v. Chief Justice for Administration & Management of the Trial Court

416 Mass. 659 · Massachusetts Supreme Judicial Court · Dec 23, 1993

presiding justices to make arbitrary appointments notwithstanding the Legislature’s concern that appointments to high-level positions within the judicial system’s probation service be based on candidates’ compliance with clearly … Administrative Order No. 4, and its attachments, provide for the assessment of the needs of probation offices, establish a recruitment process, and establish a process for evaluating candidates for the position of chief probation

Carr v. Howard

426 Mass. 514 · Massachusetts Supreme Judicial Court · Jan 22, 1998

Pursuant to Chapter 351, the board of registration in medicine promulgated regulations, effective July 24, 1987, establishing guidelines for a qualified patient care assessment program (QP-CAP) tó be implemented by hospitals … In 1987, the board adopted regulations establishing a qualified patient care assessment program (“QPCAP”). See 243 Code Mass. Regs. §§ 3.00 et seq. (1987); Beth Israel Hosp. Ass’n, supra at 175.

BankBoston v. Marlow

428 Mass. 283 · Massachusetts Supreme Judicial Court · Nov 2, 1998

The subtrust established for the third son, Hugh, and his family is the same with two exceptions. … Pond, supra at 899 , we ordered that a revocable trust be reformed to provide a surviving spouse a “qualifying income interest for life,” I.R.C. § 2056(b)(7)(B) (1994), in order to qualify for the estate tax marital deduction

Commonwealth v. D'Avella

339 Mass. 642 · Massachusetts Supreme Judicial Court · Nov 3, 1959

The Commonwealth concedes that the tests were properly made by a qualified expert. … The results of such tests shall be admissible in evidence only in cases where definite exclusion of the defendant as such father has been established.”

Commonwealth v. Pope

397 Mass. 275 · Massachusetts Supreme Judicial Court · Apr 11, 1986

On appeal, the defendant argues that the note was neither contrary to Mathewson’s penal interest *279 at the time it was written, nor sufficiently corroborated to qualify under the penal interest exception. … He was granted immunity from prosecution in exchange for his testimony. 4 The handwriting on the note was authenticated by Mathewson’s mother.

Department of Revenue v. Sorrentino

408 Mass. 340 · Massachusetts Supreme Judicial Court · Aug 15, 1990

That evidence was sufficient to establish clearly and convincingly, consistent with the plaintiffs burden of proof, that the defendant was the child’s father. … evidence is sought to be introduced are qualified properly.”

Tate v. Department of Mental Health

419 Mass. 356 · Massachusetts Supreme Judicial Court · Jan 24, 1995

The moving party must clearly show that there is an absence of evidence to support the nonmoving party’s case. See Celotex Corp. v. Catrett, 477 U.S. 317, 322-323 (1986). … First, she must establish a prima facie case of employment discrimination by producing evidence that she was dismissed because of her handicap.

Town of Burlington v. District Attorney for the Northern District

381 Mass. 717 · Massachusetts Supreme Judicial Court · Oct 31, 1980

Attorney Gen., 332 Mass. 246, 252 [1955]); but there is no such assertion of serious impropriety or venality or scandal as might, conceivably, put a boundary to the executive immunity. Cf. Attorney Gen. v. … advise the town should have five years’ experience in practice, was amended to authorize the selectmen to allow representation by an attorney with less experience if he was directly supervised by town counsel who was fully qualified

Lazlo L. v. Commonwealth

482 Mass. 325 · Massachusetts Supreme Judicial Court · May 16, 2019

Although the Legislature clearly established the effective date of § 72, see St. 2018, c. 69, § 232, it did not clearly establish whether the definition of "delinquent child," once it became effective, would apply retroactively … Miles, therefore, would not qualify as a "delinquent child" under the amended definition provided for in § 72.