Case law

Geoffrey, Inc. v. Commissioner of Revenue

453 Mass. 17 · Massachusetts Supreme Judicial Court · Jan 8, 2009

L. c. 63, § 39, “every foreign corporation, exercising its charter, or qualified to do business or actually doing business in the commonwealth, or owning or using any part or all of its capital, plant or any other property … The Legislature has stated that the purpose of § 39 is to require foreign corporations to pay “for the enjoyment under the protection of the laws of the commonwealth, of the powers, rights, privileges and immunities derived

Vranos v. Franklin Medical Center

448 Mass. 425 · Massachusetts Supreme Judicial Court · Feb 27, 2007

Suggestions for implementation of such policies include establishing a process to review or verify reports of disruptive physician behavior, establishing a process to notify a physician whose behavior is disruptive that a … Ct. 495, 499 (2002), instructs that a reviewing court first determine whether the records for which the privilege is *437 claimed clearly fall within the privilege on their face.

Wenger v. Aceto

451 Mass. 1 · Massachusetts Supreme Judicial Court · Mar 27, 2008

The burden-shifting procedure governing an anti-SLAPP motion is established. See Cadle Co. v. Schlichtmann, 448 Mass. 242, 249 (2007); Fabre v. Walton, 436 Mass. 517, 520 (2002); Baker v. … Nor does the record contain evidence that would support a determination that the plaintiff qualifies as an appropriate plaintiff under § 11.

Mahoney v. Attorney General

346 Mass. 709 · Massachusetts Supreme Judicial Court · Jan 15, 1964

Since 1893 at least one trustee has been elected each year at the annual election of town officers and has qualified by oath in the manner of a town officer. … The language employed therein clearly evinces her intention that the trustees should have sole control of the hospital.

Troy & Greenfield Railroad v. Newton

74 Mass. 596 · Massachusetts Supreme Judicial Court · Sep 15, 1857

The charter of the plaintiffs clearly indicates the purpose of a continuous line of railroad to Troy. The name of the corporation is “ The Troy and Greenfield Railroad Company.” … Assuming that the subscription and -the bond are parts of the same transaction, the subscription of Marshall for the one hundred shares was clearly a qualified one, and not to be considered as an ordinary subscription.

Barrett v. Rodgers

408 Mass. 614 · Massachusetts Supreme Judicial Court · Nov 20, 1990

The Appeals Court found no basis to disregard the “corporate fiction” in order to immunize distinct legal entities from suit. … already indicated, “[a]ny change in compensation law which would permit a covered employee to recover compensation benefits and, in addition, permit litigation by the employee against his employer to recover for an injury clearly

Foster v. Hall

29 Mass. 89 · Massachusetts Supreme Judicial Court · Jan 10, 1832

Some points seem clearly settled by the cases. It is confined strictly to communications to members of the legal profession, as barristers and counsellors, attorneys and solicitors, ( Wilson v. Rastall, 4 T. … J. says, “ One is staggered at first on being told that there are decided cases which seem at variance with first principles the most clearly established, &c. k and I know of no such distinction as that arising from the attorney

Metcalf v. First Parish in Framingham

128 Mass. 370 · Massachusetts Supreme Judicial Court · Feb 26, 1880

he bequeaths fifty shares of the same stock to the Association for the Relief of Aged and Indigent Females, and by the fourth article a like number of such shares to the Home for Aged Men, each of which is a corporation established … In such cases, a general intent is implied to give the remainder over after the death of the tenant for life; and the event of her marrying again is treated as merely qualifying or cutting down her life estate, and not as

McDonough

457 Mass. 512 · Massachusetts Supreme Judicial Court · Aug 11, 2010

Goguen, supra at 682 (establishing method for appellate review of orders made pursuant to G. L. c. 209A). … Isaiah I., 448 Mass. 334, 339 (2007), S.C., 450 Mass. 818 (2008) (findings of fact “should be stated clearly, concisely and unequivocally, and be worded so that they are not susceptible of more than one interpretation”).

Stevens v. Rockport Granite Co.

216 Mass. 486 · Massachusetts Supreme Judicial Court · Feb 26, 1914

It was established about 1866, and the plaintiffs’ estates were occupied at approximately the same time by one of the defendant’s predecessors in title. … They will not be disturbed unless clearly erroneous. Willets v. Langhaar, 212 Mass. 573 , and cases cited at 576. Stewart v. Hanreddy, 212 Mass. 340 .

Bradley v. Board of Zoning Adjustment

255 Mass. 160 · Massachusetts Supreme Judicial Court · Feb 27, 1926

There is nothing in the present statute which warrants any departure from the established practice. … The second paragraph of said § 20 enumerates seven different carefully and clearly specified grounds on which the board may make changes in the boundaries of districts and the zoning map.

Paddock v. Town of Brookline

347 Mass. 230 · Massachusetts Supreme Judicial Court · Mar 19, 1964

Johonnot, 7 Met. 388 , 392. *233 The Constitution confers upon the General Court full authority “to make, ordain, and establish, all manner of wholesome and reasonable orders, laws, statutes, and ordinances . . . … General Court “full power and authority to erect and con- *238 sti.tu.te municipal or city governments, in any corporate town or towns in this commonwealth, and to grant to the inhabitants thereof such powers, privileges, and immunities

Marcy v. Barnes

82 Mass. 161 · Massachusetts Supreme Judicial Court · Oct 15, 1860

The whole, taken together, is a fact, which, like any other fact, may be shown and established by any competent means of proof. 1 Greenl, Ev. § 101. But the testimony of Lucian Marcy went further than this. … Proportions are so enlarged thereby to the vision, that faint lines and marks, as well as the' genuine characteristics of handwriting which perhaps could not otherwise be clearly discerned and appreciated, are thus disclosed

Rogers v. Attorney General

347 Mass. 126 · Massachusetts Supreme Judicial Court · Mar 4, 1964

Although a donor may clearly manifest a desire to have the trust serve as a memorial, the doctrine of cy pres may still apply. … The use of the word “request” as to the latter suggests that the trust should not fail for want of applicants who could not qualify be *134 cause they drank or smoked.

McNeil v. Commissioner of Correction

417 Mass. 818 · Massachusetts Supreme Judicial Court · May 17, 1994

The commissioner has established such programs primarily in State correctional facilities. … L. c. 127, § 129B, see St. 1961, c. 74, in a context in which it is clearly not intended to refer to pretrial detainees.

Sullivan v. Town of Brookline

435 Mass. 353 · Massachusetts Supreme Judicial Court · Nov 14, 2001

This language facilitated the transfer of authority to PERAC from PERA, and its terms clearly indicate an intent to continue all existing regulations. … The difference between these two standards may seem slight, but the additional words “qualified for” demonstrate an intent that there be a more stringent examination. Finally, G.

Nunez v. Carrabba's Italian Grill, Inc.

448 Mass. 170 · Massachusetts Supreme Judicial Court · Jan 9, 2007

In each instance, the person is under the legal drinking age, as clearly and plainly established by the Legislature. The statutory provision regulating the serving of liquor, G. … L. c. 231, § 85K, abrogated common-law doctrine of charitable immunity and imposed statutory cap on tort liability of charitable corporations); Kerins v. Lima, 425 Mass. 108, 111 (1997) (enactment of G.

Taylor v. Creeley

257 Mass. 21 · Massachusetts Supreme Judicial Court · Aug 9, 1926

Unless clearly wrong, his determination will not be disturbed. There is no evidence that any juror had read the articles. … The trial judge ruled that he was not qualified as an expert in mental diseases, yet he was allowed to express an opinion on senile dementia, a mental disease.

Rand v. Hubbard

45 Mass. 252 · Massachusetts Supreme Judicial Court · Mar 15, 1842

This point seems to have ever since been considered as an established rule of the law merchant, and is so laid down in elementary treatises. Watkins v. Maule, 2 Jac. & Walk. 237. Chitty on Bills, (6th ed.) 122, 123. … By a provision in the constitution of the United States, art. 4, § 2, the citizens of each State shall be entitled to all privileges and *261 immunities of citizens of the several States.

Correllas v. Viveiros

410 Mass. 314 · Massachusetts Supreme Judicial Court · Jun 5, 1991

It is well established that a person need not swear out a criminal complaint in order to be held answerable for malicious prosecution. … A conditional or qualified privilege does not adequately protect a witness or party because he or she may still have to go to court to prove the absence of malice or recklessness.