Case law

Massachusetts Bay Transportation Authority v. Massachusetts Commission Against Discrimination

450 Mass. 327 · Massachusetts Supreme Judicial Court · Jan 4, 2008

General Laws *340 c. 15 IB, § 4 (1A), clearly contemplates that employers will help employees shuffle shifts to allow observance of their Sabbath. … The establishment clause of the First Amendment to the United States Constitution reads, “Congress shall make no law respecting an establishment of religion . . . .”

McCarthy v. Slade Associates, Inc.

463 Mass. 181 · Massachusetts Supreme Judicial Court · Aug 10, 2012

While these would qualify as opinion work product, see, e.g., Sprague v. … to produce anything — a result the judge clearly did not intend.

Chadwick v. Board of Registration in Dentistry

461 Mass. 77 · Massachusetts Supreme Judicial Court · Dec 8, 2011

, as well as confidential medical records to document those immunizations. 8 The board also noted that in Matter of Abrahamson, Board of Registration in Dentistry Nos. … board’s application of the OSHA standards regarding the handling and disposal of sharps and medical waste required the threshold determination that unbroken glass carpules and cotton balls and gauze “dotted with blood” qualified

Weiler v. PortfolioScope, Inc.

469 Mass. 75 · Massachusetts Supreme Judicial Court · Jul 11, 2014

"We accept the judge's findings of fact in a bench trial unless they are clearly erroneous," Makrigiannis v. … qualify and is not entitled to the actual malice standard, or 22 Contrast Weber v.

Wetherbee v. Norris

103 Mass. 565 · Massachusetts Supreme Judicial Court · Jan 15, 1870

In this state, no practice is established as a rule of law, but it is within ttie discretion of the presiding judge to require the preliminary ques *567 tian above stated to be asked of each witness if he shall deem that … The case at bar is clearly distinguishable from the case of Bates v. Barber, 4 Cush. 107 .

Wright's Case

Massachusetts Supreme Judicial Court · Oct 27, 2020

The act then "establishes a medical marijuana registration or licensing regime . . . that covers nonprofit medical marijuana treatment centers, medical marijuana center dispensary agents, and qualifying patients and personal … In another statement issued later the same year, Lelling reiterated that he would not "effectively immunize" Massachusetts residents from Federal marijuana law enforcement.

In re the Enforcement of a Subpoena

463 Mass. 162 · Massachusetts Supreme Judicial Court · Aug 9, 2012

A qualified privilege, on the other hand, does not prevent disclosure in every instance. … If a sufficient showing of need is made, the qualified privilege can be overcome even if the information sought falls within its scope.

Klairmont v. Gainsboro Restaurant, Inc.

465 Mass. 165 · Massachusetts Supreme Judicial Court · May 16, 2013

In order to establish liability under c. 93A, the defendants contend, the challenged conduct must be “unfair or deceptive.” We agree. … . § 3.16(3), does not mean that a violation of the building code necessarily qualifies as a violation of c. 93A, § 2.

Commonwealth v. Neal

392 Mass. 1 · Massachusetts Supreme Judicial Court · May 21, 1984

James Feldman were qualified by the defendant as experts in the fields of chemistry and electrical engineering, respectively. As explained by Dr. Cohen and Dr. … The 900A can be immunized from susceptibility to RFT, he said, if it is subjected to a procedure called the “Minnesota modification” or “hardening.”

Care and Protection of Eve.

Massachusetts Supreme Judicial Court · May 15, 2025

We therefore conclude that the parents have established that they are asserting sincerely held religious beliefs. … The department argues that "[i]t is well established that 'protecting the well-being of children' qualifies as a compelling state interest." See McCauley, 409 Mass. at 137 . See also Prince, 321 U.S. at 168 ; Blixt v.

Commonwealth v. McHugh

326 Mass. 249 · Massachusetts Supreme Judicial Court · Jul 7, 1950

We do not think that such purpose is “clearly manifested” in this instance. We have seen no case holding that Federal legislation has, in general, displaced State anti-trust laws. In Puerto Rico v. Shell Co. (P. … In our opinion the defendants are not immunized against the State anti-monopoly law by any provision of the fisheries cooperative marketing act, U. S. C. (1946 ed.) Title 15, §§ 521, 522.

H. P. Hood & Sons v. Commonwealth

235 Mass. 572 · Massachusetts Supreme Judicial Court · May 19, 1920

They are as clearly domestic transactions as are sales by grocers or by any other retail dealers from local stocks of goods. … If such transportation in interstate commerce affords immunity from taxation in whole or in part to the plaintiff, there appears to be no sound principle which would prevent the same immunity from attaching to every domestic

Ashley v. Three Justices of the Superior Court

228 Mass. 63 · Massachusetts Supreme Judicial Court · Jul 30, 1917

That petition alleges that the petitioners therein named are “inhabitants, taxpayers, and qualified voters in the city of New Bedford.” … The matters set out in the special plea of the petitioner in the election petition are clearly within the jurisdiction of that court.

Robert M. Joost v. Board of Bar Examiners

Massachusetts Supreme Judicial Court · Nov 19, 2024

"This court has the authority to establish the rules and standards by which individuals become licensed to practice law in Massachusetts." Matter of Swanson, 483 Mass. 1022 , 1023 (2019). … And as this court has explained: "[T]here is clearly a direct rational connection between the requirement of graduation from an accredited law school and an applicant's fitness to practice law.

Massachusetts Public Interest Research Group v. Secretary of Commonwealth

375 Mass. 85 · Massachusetts Supreme Judicial Court · Apr 20, 1978

The Instant Case On August 3, 1977, ten qualified voters submitted to the Attorney General a popular initiative petition calling for the enactment of a general law to establish a public corporation, The Telephone Consumers … The county-distribution rule clearly satisfies this standard.

City of Quincy v. Attorney General

160 Mass. 431 · Massachusetts Supreme Judicial Court · Jan 11, 1894

Grammatically, we construe “ with six per cent ” as qualifying “ kept,” and substantially as qualifying the application ordered, which may be expressed by adding to “ kept ” the implied words “ and applied.” … detail which interferes with it unless clearly he makes exact, compliance essential.

Commonwealth v. Thomas

439 Mass. 362 · Massachusetts Supreme Judicial Court · May 13, 2003

“The impeachment was complete on reading the records and establishing that the witness was the subject of them. . . . … Uncorroborated testimony of immunized witness.

City of Everett v. City of Revere

344 Mass. 585 · Massachusetts Supreme Judicial Court · Jun 25, 1962

As the defendant argues, the “whole purpose ... of the mutual aid plan [established under § 59A] is to create an enduring obligation with the respective benefits and burdens clearly established and *589 agreed upon between … federal jurisdiction in this commonwealth or in any adjoining state in extinguishing fires therein, and while in the performance of their duties in extending such aid the members of such departments shall have the same immunities

Suffolk Construction Co. v. Division of Capital Asset Management

449 Mass. 444 · Massachusetts Supreme Judicial Court · Jul 13, 2007

Court for the Dist. of Ariz., 881 F.2d 1486, 1494 (9th Cir. 1989) (work-product doctrine not a privilege but a “qualified immunity”). See also Mass. R. Civ. … Attorney work product, an immunity for the attorney, on the other hand, is discoverable on a showing of need. See Hickman v.

Putnam v. Putnam

425 Mass. 770 · Massachusetts Supreme Judicial Court · Aug 18, 1997

The plaintiff’s unitrust qualifies as a “charitable remainder unitrust” under § 664(d)(2) of the I.R.C. … At the end of the term, the trust assets pass to, or for the use of, one or more qualified charities. I.R.C. § 664(d)(2)(C).