Case law

Doe v. Sex Offender Registry Board

459 Mass. 603 · Massachusetts Supreme Judicial Court · May 3, 2011

Subsequently, two qualified examiners, Drs. William Hazelett and Frederick Kelso, concluded that he was a sexually dangerous person. … Joss, a qualified examiner, and Dr. Berlin, an expert retained by Doe, agreed with Dr.

Morrissey v. State Ballot Law Commission

312 Mass. 121 · Massachusetts Supreme Judicial Court · Aug 10, 1942

of government, and the court will not refuse to enforce it unless its conflict with the Constitution is established beyond reasonable doubt.” … Clearly the phrase “proper identification and certification of signatures” in art. 48, General Provisions, I, includes a determination whether the names signed to a petition are *140 the names of qualified voters of the Commonwealth

Sullivan v. Allen

1 Rep. Cont. Elect. Case. 99 · Massachusetts Supreme Judicial Court · Jan 7, 1897

The section provides: “Eight councillors shall be annually chosen by the inhabitants of this Commonwealth, qualified to vote for governor. … In the face of such decisions as these, the decision of the majority, not even granting a formal hearing to the petitioner, seems to us to establish a most unfortunate and pernicious precedent.

Commonwealth v. Healy

438 Mass. 672 · Massachusetts Supreme Judicial Court · Feb 13, 2003

The Commonwealth contends that this finding is clearly erroneous, and points to compelling evidence that it in fact turned over the postmortem report. … We therefore also examine whether the note would qualify as exculpatory and material. See Commonwealth v.

Spaulding v. City of Lowell

40 Mass. 71 · Massachusetts Supreme Judicial Court · Oct 15, 1839

Lowell was established as a city in April 1836. … This is also manifest from the sweeping clause “ other necessary charges,” which clearly implies, that many things not enumerated, are intended to be included.

Casavant v. Norwegian Cruise Line Ltd.

460 Mass. 500 · Massachusetts Supreme Judicial Court · Sep 1, 2011

We review a judge’s findings of fact under the clearly erroneous standard and his conclusions of law de novo. Anastos v. Sable, 443 Mass. 146, 149 (2004). “A ruling that conduct violates G. … It was established at trial that Norwegian had not disclosed its complete refund policy to customers in violation of those regulations.

Dziembowski v. Stochaj

285 Mass. 413 · Massachusetts Supreme Judicial Court · Feb 19, 1934

Clearly the vote of the town of Webster did not come within the terms of this section. Section 31 applies only to the board of public welfare — formerly overseers of the poor (see G. … Ed.) c. 41, § 2, that “Where official ballots are used, the establishment of a new board or office, or the fixing of the term of office of town officers where such term is optional, or the increase or reduction of the number

School Committee of Waltham v. Waltham Educators Ass'n

398 Mass. 703 · Massachusetts Supreme Judicial Court · Dec 3, 1986

L. c. 150E, § 8, set forth in the margin, 3 which authorize establishment of a grievance procedure in collective bargaining agreements between public employers and their employees. … Therefore, it could not qualify as corporal punishment. 3. Nature of arbitrator’s hearing. The committee argues that the arbitrator should not have heard the evidence and decided the case de nova.

Rate Setting Commission v. Faulkner Hospital

411 Mass. 701 · Massachusetts Supreme Judicial Court · Jan 23, 1992

The commission is responsible for establishing rates to be paid providers of health care services under the Medicaid program. … In that opinion, however, we clearly stated, “[W]e decline to declare the rights of the parties under St. 1985, c. 200, § 3.” Id. at 439. Quincy City Hosp. v.

Commonwealth v. Beal

474 Mass. 341 · Massachusetts Supreme Judicial Court · May 24, 2016

Clearly, "the loss of a limb . . . would have a substantial impact on a victim on a par with injuries causing permanent disfigurement or risking death." Id. … Here, the evidence established that the defendant shot Joao in the lower back.

Commonwealth v. Francis

375 Mass. 211 · Massachusetts Supreme Judicial Court · May 10, 1978

Independent counsel advised Sarro that he could be charged with conspiracy if his involvement with Francis were established. … The Fifth Amendment privilege against self-incrimination, when properly invoked, is clearly one of those interests. See Davis v. Alaska, 415 U.S. 308, 320 (1974), quoting from Alford v.

Commonwealth v. Agiasottelis

336 Mass. 12 · Massachusetts Supreme Judicial Court · May 6, 1957

The verdicts were clearly warranted by the evidence. Assignment 6. This assignment relates to the trial judge’s refusal to give certain instructions. … Millen, 289 Mass. 441, 477-478 , establishes the *17 applicable rule of law in this Commonwealth. See Seadlund v. United States, 97 Fed. (2d) 742, 748 (C. C. A. 7).

Snow v. Housatonic Railroad

90 Mass. 441 · Massachusetts Supreme Judicial Court · Sep 15, 1864

Such we understand to be the rule of law, and the principles on which it is founded, as now fully established by authority. Seaver v. Boston & Maine Railroad, 14 Gray, 466 . Cayzer v. … So an individual could avail himself of a similar immunity, if he conducted his business exclusively by agents or servants. But the rule of law does not lead to any such absurd result.

Sniffin v. Prudential Insurance Co. of America

395 Mass. 415 · Massachusetts Supreme Judicial Court · Jul 15, 1985

The rent levels established by paragraph six are not clearly in conflict with the Niles decision invalidating the Goldberg formula for calculating rents. 3. Misrepresentation. … Use of the term “1976 class” in this section refers only to those members of the 1976 class who do not qualify for recovery as “1976 plaintiffs” or Columbia tenants.

Plummer v. Boston Elevated Railway Co.

198 Mass. 499 · Massachusetts Supreme Judicial Court · May 20, 1908

On the contrary, the last clause of *515 the section very clearly contemplates that the duly of the court may not be fully discharged by a mere statement of the law. … The answer of the witness was: “ I do not think I am qualified to answer that question, and if allowed I will explain the reason.

Commonwealth v. Vitello

376 Mass. 426 · Massachusetts Supreme Judicial Court · Sep 26, 1978

Following a voir dire hearing, the judge found that the examiner was qualified as an expert on polygraphy and could testify. … This concern was clearly articulated in Frye v. United States, 293 F. 1013 (D.C.

National Shawmut Bank v. City of Waterville

285 Mass. 252 · Massachusetts Supreme Judicial Court · Feb 14, 1934

The cause of action described in the case at bar clearly is one on which the defendant is liable to suit provided jurisdiction has been secured over it or its property. … It follows that there can be no immunity from an action against the defendant on the ground that it partakes of the attributes of sovereignty whereby a State is protected from being an involuntary party to litigation.

Falmouth Hospital v. Lopes

376 Mass. 580 · Massachusetts Supreme Judicial Court · Nov 9, 1978

It is not shown how much, if any, of the $68,000 of unreimbursed services rendered by the hospital in 1973 would have qualified as "uncompensated services” under the Federal regulations. … Dyer, 7 Cush. 337 , 340 (1851), the court had enforced "the principle of law, long recognized and clearly established in this commonwealth, that when one person, for a valuable consideration, engages with another, by simple

West Broadway Task Force v. Boston Housing Authority

414 Mass. 394 · Massachusetts Supreme Judicial Court · Feb 24, 1993

This ruling is clearly erroneous. … It is well established in the Commonwealth that loches does not operate to bar a claim simply because the events which established rights in the plaintiff occurred long ago. See, e.g., Elm Farm Foods Co. v.

Commonwealth v. Fay

467 Mass. 574 · Massachusetts Supreme Judicial Court · Mar 21, 2014

L. c. 123A outlines proper procedures and evidentiary standards, 13 and we have determined that the evidence was sufficient to establish that the defendant suffered from a mental abnormality. … While the defendant’s argument that he would not qualify for commitment under the Kansas statute is technically accurate, it is misplaced.