Case law

Handy v. Penal Institutions Commissioner

412 Mass. 759 · Massachusetts Supreme Judicial Court · Jun 5, 1992

The record does not demonstrate that this conclusion, to the extent it involves a finding of fact, was clearly erroneous. Mass. R. Civ. P. 52, 365 Mass. 816 (1974). … Thus the only question, assuming that we will consider the immunity point as restated in the defendants’ reply brief, is whether, in this § 1983 action involving only injunctive relief, immunity is a bar to the award of attorneys

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.”

In the Matter of Roche

381 Mass. 624 · Massachusetts Supreme Judicial Court · Oct 15, 1980

Justice Powell, upon whose concurrence in Branzburg Roche places great reliance, would appear to be of the same opinion: “[P]ersons who become journalists acquire thereby no special immunity from governmental regulation.” … Chester, 612 F.2d 708 , 716-717 (3d Cir. 1979), and cases cited, as establishing a constitutional newsman’s privilege is misplaced.

Miga v. City of Holyoke

398 Mass. 343 · Massachusetts Supreme Judicial Court · Sep 2, 1986

Eleven days later, on September 21, 1979, Sandra tried unsuccessfully to obtain a drink from a drinking establishment as it was closing. … conduct deprived a person of rights, privileges, or immunities secured by the Constitution or laws of the United States.

PLANNED PARENTHOOD FED. OF AM. v. Problem Pregnancy

398 Mass. 480 · Massachusetts Supreme Judicial Court · Oct 16, 1986

Clearly these business motivations of PP, Inc., in combination with the nature of the transaction and the activities of the parties, establish the "business context" as contemplated by Begelfer . … (abolition of charitable immunity).

Commonwealth v. Inhabitants of Charlestown

18 Mass. 180 · Massachusetts Supreme Judicial Court · Oct 15, 1822

Charters, &c. 1. *188 The company to whom this charter was made, having assumed a political capacity and become a state, exercised dominion. over all the land within the limits of the charter, and all the privileges, immunities … build a bridge, therefore, from shore to shore over a navigable cove or creek, whereby the usual passage of boats or other craft would be impeded, could not be justified even by the owner of the soil; for he has, only a qualified

ACE Property & Casualty Insurance v. Commissioner of Revenue

437 Mass. 241 · Massachusetts Supreme Judicial Court · Jun 28, 2002

establishment of the FCIC in 1938. … There would be rió reason to amend § 1511 in 1994 merely to restate an immunity that was already provided.

Leibovich v. Antonellis

410 Mass. 568 · Massachusetts Supreme Judicial Court · Jul 3, 1991

However, the fact that the officer’s qualifications had previously been laid out, and the judge’s allowance of his testimony, clearly imply a prior determination by the judge that the witness was qualified, *572 through his … L. c. 231, § 85X, was clearly a response to this court’s decision in Norman v. Massachusetts Bay Transp.

Wright v. Shriners Hospital for Crippled Children

412 Mass. 469 · Massachusetts Supreme Judicial Court · Apr 16, 1992

for reimbursement of expenses for persons assisting in investigations and immunity for witnesses testifying in grand jury investigations. … Also, we are unaware of any statute that clearly expresses a legislative policy to encourage nurses to make the type of internal report involved in this case.

Saltonstall v. New York Central Railroad

237 Mass. 391 · Massachusetts Supreme Judicial Court · Feb 28, 1921

The Legislature cannot legalize what otherwise would be a nuisance of such nature as to amount to a taking of private property for a public use, and at the same time confer immunity from liability upon the one establishing … It accordingly is well established that “the incidental injury which results to the owner of property situated near a railroad, caused by the necessary noise, vibration, dust and smoke from passing trains, which wquld clearly

White v. City of Boston

428 Mass. 250 · Massachusetts Supreme Judicial Court · Oct 16, 1998

L. c. 32, § 8, as amended in 1996, which establishes procedures for reinstatement of disabled civil service employees. It presents issues similar to those addressed today in O ’Neill v. … It clearly demonstrated its intent to direct automatic reinstatement of these employees by replacing the operative language of “may, with the approval of the head of any department” with “shall.” See Commonwealth v.

Arthur D. Little, Inc. v. Commissioner of Health & Hospitals

395 Mass. 535 · Massachusetts Supreme Judicial Court · Aug 1, 1985

The facts as established by the materials submitted for the purposes of the summary judgment motions are as follows. … “[L]aws enacted after the execution of an agreement are not commonly considered to become part of the agreement unless its provisions clearly establish that the parties intended to incorporate subsequent enactments into their

Commonwealth v. Wood

398 Mass. 135 · Massachusetts Supreme Judicial Court · Jul 29, 1986

To carry a firearm lawfully within the Commonwealth, a person must either possess a valid license or qualify for one of the exemptions to the licensing requirements. See Commonwealth v. Seay, 376 Mass. 735, 739 (1978). … Our interpretation of this statute is “consistent with our firm and established view of the prohibitions of § 10 (a).” See Commonwealth v.

In re Lupo

447 Mass. 345 · Massachusetts Supreme Judicial Court · Jul 28, 2006

her eligibility for Medicaid assistance in the event that she should enter a nursing home, and advised her, as the hearing committee found, that she would have to “spend-down” her funds if she sold her house in order to qualify … The complainant shall be immune from civil liability based on his or her complaint; provided, however, that such immunity from suit shall apply only to communications to the Board or the bar counsel and shall not apply to

Corbin v. Brown

31 Mass. 306 · Massachusetts Supreme Judicial Court · Oct 15, 1833

In this view of the case the inquiry that wras made towards the close of the cause, and after the charge had commenced, *312 was wholly immaterial; for if the defendants failed to establish by proof the right set forth as … A new trial would clearly be of no utility to the defendants as the facts and the pleadings now stand.

Fishman v. Brooks

396 Mass. 643 · Massachusetts Supreme Judicial Court · Jan 30, 1986

Like a member of any other profession, an attorney is not immune from liability for the consequences of a negligent exercise of professional judgment. … The date when the photograph was taken was never established. Other evidence demonstrated the nature of the roadway. 6.

Hallett v. Town of Wrentham

398 Mass. 550 · Massachusetts Supreme Judicial Court · Nov 13, 1986

“The article is clearly directed toward the preservation of procedural rights and has been so construed.” Pinnick v. Cleary, 360 Mass. 1, 11-12 (1971). … Commonwealth, 363 Mass. 612 (1973), this court stated that the doctrine of sovereign immunity is “logically indefensible.” Id. at 618-619 .

Pardo v. General Hospital Corp.

446 Mass. 1 · Massachusetts Supreme Judicial Court · Jan 26, 2006

L. c. 231, § 85N. 22 Neither the language of the statute nor its legislative history elucidates the precise boundaries the Legislature sought to establish when abrogating the immunity from discovery in certain cases. … The exemption of immunity from liability, and attendant medical peer review privilege extends to “any proceeding against a member of [a peer review] committee to establish a cause of action.” G. L. c. 111, § 204 (b).

Garrity v. United Airlines, Inc.

421 Mass. 55 · Massachusetts Supreme Judicial Court · Aug 2, 1995

L. c. 15IB, a plaintiff in a case such as this must first establish a prima facie case by producing evidence that she is a handicapped person, that, in spite of her handicap she is qualified for the position from which she … We also are satisfied that the summary judgment material before the judge in this case clearly demonstrated Garrity’s conduct to be such that Garrity could not reasonably expect to prove that she was a “qualified handicapped

Opinion of the Justices to the House of Representatives

247 Mass. 583 · Massachusetts Supreme Judicial Court · Feb 25, 1924

Those two articles cover the taking the census, the establishment of the number of members of the House of Representatives and of the number of members of the Senate, and the manner of apportionment of the members of each … Complete and swift relief is available to every qualified citizen to get his name upon the voting fist.