Case law

S.W. v. Commonwealth

Massachusetts Supreme Judicial Court · May 21, 2026

an examining qualified psychologist believes that observation for more than twenty days is necessary." … The judge did not clearly err in any of her factual findings, or rely on any single factor.

Knight v. Avon Products, Inc.

438 Mass. 413 · Massachusetts Supreme Judicial Court · Jan 10, 2003

and no one in that district was qualified to take over.” … Ct. 657, 661 (1997) (replaced by a similarly or less qualified younger person).

Greene v. Cronin

314 Mass. 336 · Massachusetts Supreme Judicial Court · Jun 30, 1943

The third witness is a member of the bar, and it is hardly to be assumed that he would require any prompting as to the character of testimony necessary to establish due execution. … We think that an attending physician qualifies when it appears that he is such.

E. Remington & Sons v. Samana Bay Co.

140 Mass. 494 · Massachusetts Supreme Judicial Court · Jan 9, 1886

Clearly, the requirement that the creditor shall recover a judgment before assessing a stockholder stands on at least as strong, if not on stronger ground. … By Article 10, “ These grants, franchises, rights, privileges, and immunities shall become operative on the first day of January, 1873, and shall continue to be in full force for ninety-nine years thereafter, .... upon condition

Goodridge v. Department of Public Health

440 Mass. 309 · Massachusetts Supreme Judicial Court · Nov 18, 2003

But that same logic cannot hold for a qualified individual who would marry if she or he only could. … While establishing the parentage of children as soon as possible is crucial to the safety and welfare of children, see Culliton v. Beth Israel Deaconness Med.

Nicholls v. Mayor of Lynn

297 Mass. 65 · Massachusetts Supreme Judicial Court · Mar 30, 1937

The latter statute established no penalty for a disobedient pupil, but is directed to the school committee and to the teacher. Power to enforce the rule is implied in the grant of power to establish it. … That is a ceremony clearly designed to inculcate patriotism and to instill a recognition of the blessings conferred by orderly government under the Constitutions of the State and nation.

Retirement Board of Stoneham v. Contributory Retirement Appeal Board

476 Mass. 130 · Massachusetts Supreme Judicial Court · Dec 22, 2016

The last date of employment clearly referred to by  3 In 2009, DeFelice sought retroactive membership in the Stoneham retirement system as an employee … General Laws c. 32, § 3 (2), sets forth various criteria that establish "eligibility" for membership in a retirement system.

In re Fordham

423 Mass. 481 · Massachusetts Supreme Judicial Court · Aug 9, 1996

However, he may accept such employment if in good faith he expects to become qualified through study and investigation, as long as such preparation would not result in unreasonable delay or expense to his client.” … charged goes beyond mere matters of professional judgment and can be proven, either directly or by reasonable inference, to have involved dishonesty, bad faith or overreaching of the client, no case for discipline has been established

Mazzaro v. Paull

372 Mass. 645 · Massachusetts Supreme Judicial Court · Jun 2, 1977

L. c. 233, § 79B, as a means of establishing the authentication and expertise of medical treatises under G. L. c. 233, § 79C. … Counsel foe the defendant: “Only that the statute clearly calls for physicians who are generally recognized by members of their profession and specialty to be authorities in their field.

McMahon v. Krapf

323 Mass. 118 · Massachusetts Supreme Judicial Court · Jun 22, 1948

Beneficiaries of a trust are entitled to the protection of the courts where there is a clear abuse of discretion or where the exercise of judgment by a fiduciary is clearly inconsistent with a due appreciation of his responsibilities … Krapf knew before he left for overseas that he had been named in the will as one of the trustees but he did not then qualify, and although he returned in May or June, 1944, he did not qualify as cotrustee until September,

Bachrach v. Secretary of the Commonwealth

382 Mass. 268 · Massachusetts Supreme Judicial Court · Jan 9, 1981

L. c. 53, § 8. 3 The same rule held for the designation of an Inde *270 pendent candidate on the ballot, if he qualified to appear there. G. L. c. 54, § 41. … Under a California law a candidate of an established party appeared on the ballot with the party name, but any candidate qualifying through a petition process was designated “Independent” without an option to use any other

Judge Rotenberg Educational Center, Inc. v. Commissioner of Department of Mental Retardation

424 Mass. 430 · Massachusetts Supreme Judicial Court · Mar 13, 1997

“The rules of construction governing statutory waiver of sovereign immunity are stringent.” Ware v. Commonwealth, supra at 91, quoting Woodbridge v. Worcester State Hosp., 384 Mass. 38, 42 (1981). … Interim success in securing interlocutory relief qualifies the plaintiff as a prevailing party. See Handy v. Penal Insts.

In re J.S.V.

402 Mass. 571 · Massachusetts Supreme Judicial Court · Jun 13, 1988

beyond all reasonable doubt,” either that: (1) the husband had no access to the wife during the time of possible conception; (2) the husband was impotent; or (3) a properly conducted blood grouping test, administered by a qualified … The appellant clearly does not fall within this category. It should be noted that G. L. c. 209C, § 5 (a) (1986 ed.), took effect on July 22, 1986, before the appellant intervened in this case.

Shaffer v. Commissioner of Revenue

Massachusetts Supreme Judicial Court · Jul 10, 2020

Robert died in July 1993, while domiciled in New York.5 His last will and testament established a trust for the decedent's benefit. The trust qualified for a QTIP trust election under 26 U.S.C. … c. 65C, § 1 ("When used in this chapter the following words or terms shall have, unless the context clearly indicated otherwise, the following meanings . . .").

Mammone v. President & Fellows of Harvard College

446 Mass. 657 · Massachusetts Supreme Judicial Court · May 12, 2006

Because establishing that she was “qualified for the position from which she was fired” is a requirement of a prima facie case under G. L. c. 151B, Garrity’s inability to do so was fatal to her claim. See id. at 60, 63. … In that case, we explained that the “material before the [Superior Court] judge clearly demonstrated Garrity’s conduct to be such that Ganity could not reasonably expect to prove that she was a ‘qualified handicapped person

Daley v. Secretary of the Executive Office of Health and Human Services

477 Mass. 188 · Massachusetts Supreme Judicial Court · May 30, 2017

Massachusetts has opted to participate in Medicaid via the establishment of a State Medicaid program known as MassHealth. See G. … As a report of the House of Representatives's committee on energy and commerce declared in 1985, "When affluent individuals use Medicaid qualifying trusts and similar 'techniques' to qualify for the program, they are

Arno v. Alcoholic Beverages Control Commission

377 Mass. 83 · Massachusetts Supreme Judicial Court · Jan 12, 1979

Clearly, the 1968 version, which prohibited licensing within the 500-foot radius but provided for written waiver by the church, landed squarely within the ambit of the Cusack rule. … The First Amendment establishment of religion clause.

Commonwealth v. Weichel

403 Mass. 103 · Massachusetts Supreme Judicial Court · Aug 1, 1988

The short answer to the defendant’s claim is that the record does not establish such anxiety. … In any event, given the fact that the defendant continues to serve his life sentence for murder, it is highly unlikely that he could establish anxiety about his appeal to the extent necessary to qualify as prejudice sufficient

Inhabitants of Hadley v. Trustees of Hopkins Academy

31 Mass. 240 · Massachusetts Supreme Judicial Court · Sep 15, 1833

The establishment of the grammar school, is coupled immediately with that of the college, which, although it must necessarily be established in some place, and so is local in its existence, yet is necessarily public and general … In regard to the other donations set forth in the bill, it appears to us that they clearly follow the principal one, derived from Hopkins.

Commonwealth v. Duguay

430 Mass. 397 · Massachusetts Supreme Judicial Court · Dec 7, 1999

We did not qualify the admission of the results on the availability of additional confirmatory evidence. … Stewart, 422 Mass. 385, 389 (1996), we stated that, “[i]f polygraphic evidence is to be admissible in a given case, it seems likely that its reliability will be established by proof in a given case that a qualified tester