Case law

Briggs v. Commonwealth

429 Mass. 241 · Massachusetts Supreme Judicial Court · Mar 22, 1999

States must establish a schedule of reimbursement rates for Medicaid covered services. See 42 U.S.C. § 1396a(a)(13). … QMBs, in turn, fall into two groups: those who are not poor enough to qualify for Medicaid (“pure” QMBs) and those whose level of financial need is so great as to qualify them for Medicaid (“dual eligibles”).

Commonwealth v. Stillwell

387 Mass. 730 · Massachusetts Supreme Judicial Court · Dec 14, 1982

[Thus], the instructions do not clearly place on the Commonwealth the duty to prove the presence of malice beyond a reasonable doubt.” Commonwealth v. Richards, 384 Mass. 396, 402-404 (1981). … It is the “lack of qualifying instructions as to the legal effect of the presumption,” which makes it possible for a reasonable jury to interpret the presumption as burden-shifting, and hence invalid. Sandstrom v.

Shweiri v. Commonwealth

416 Mass. 385 · Massachusetts Supreme Judicial Court · Nov 10, 1993

The reference to an “agency” clearly appears to contemplate payments by other government entities as “third parties.” … The purposes of the statutes involved are clearly served by this conclusion.

Hennessey v. Town of Bridgewater

388 Mass. 219 · Massachusetts Supreme Judicial Court · Feb 22, 1983

This finding is supported by the evidence and is not clearly erroneous. Mass. R. Civ. P. 52 (a), 365 Mass. 816 (1974). See Broderick v. … Broderick, 392 U.S. 273, 278 (1968) (“If appellant, a policeman, had refused to answer questions specifically, directly, and narrowly relating to the performance of his official duties, without being required to waive his immunity

Sullivan v. Boston Gas Co.

414 Mass. 129 · Massachusetts Supreme Judicial Court · Jan 12, 1993

Hence, these mental disturbances qualify as physical harm. Restatement (Second) of Torts § 436A comment c (1965). … Both plaintiffs may attempt to establish at trial that they satisfied the physical manifestation requirement of Payton v.

O'Neill v. School Committee

464 Mass. 374 · Massachusetts Supreme Judicial Court · Feb 8, 2013

If, however, the argument being advanced is that the town as a general matter is not bound to perform any contract executed solely by the school committee because the town itself is not a party, the argument clearly is without … pertinent part: “Notwithstanding the provision of any . . . law to the contrary, any city or town acting through its board of selectmen or city council or mayor with the approval of the city council, as the case may be, may establish

Great Atlantic & Pacific Tea Co. v. Board of License Commissioners

387 Mass. 833 · Massachusetts Supreme Judicial Court · Jan 5, 1983

Noting that a trial judge’s findings of fact will not be set aside unless they are clearly erroneous, Mass. R. Civ. P. 52 (a), 365 Mass. 816 (1974), we summarize the facts as found by the judge. … There was evidence before the commissioners that the area had a large number of establishments selling beer and wine, and that the public did not need an additional establishment.

General Electric Co. v. Department of Environmental Protection

429 Mass. 798 · Massachusetts Supreme Judicial Court · Jun 24, 1999

statute, we are unable to discover anything in the nature or purpose of the statute specially applicable to these records ... or in [the public records statute], applicable to public records generally, which justifies us in qualifying … L. c. 66, § 10, that invites differing interpretations, and the Legislature clearly considered, but rejected, the exemption sought by the defendant.

Champa v. Weston Public Schools

473 Mass. 86 · Massachusetts Supreme Judicial Court · Oct 23, 2015

The agreements qualify as "education records" under 20 U.S.C. § 1232g (2012 & Supp. … Their disagreement is over the question whether the agreements qualify as "student record[s]" under these regulations.

Diaz v. Eli Lilly & Co.

364 Mass. 153 · Massachusetts Supreme Judicial Court · Oct 10, 1973

In fact the wife’s right for the “intentional” invasions had been earlier established in Massachusetts on broader grounds of policy. Nolin v. … Carney Hosp. 356 Mass. 527 (1969) (forecasting abolition of the doctrine of charitable immunity); George v.

Commonwealth v. Tuckerman

76 Mass. 173 · Massachusetts Supreme Judicial Court · Nov 15, 1857

But it should be admitted if it has a natural tendency to establish the fact in controversy.” … These authorities abundantly establish the principle contended for on the part of the government.

Custody of Vaughn

422 Mass. 590 · Massachusetts Supreme Judicial Court · May 7, 1996

The Probate Court’s findings clearly acknowledge that fact. … A qualified clinical psychologist with experience in family matters will, as Dr.

First National Bank of Boston v. Attorney General

371 Mass. 773 · Massachusetts Supreme Judicial Court · Feb 1, 1977

Although the plaintiffs hold these views, the record does not establish that these views are supported in fact. … A corporation, we have held, is not a ‘citizen’ within *784 the meaning of the privileges and immunities clause. [Citation omitted.]

Commonwealth v. Hunt

45 Mass. 111 · Massachusetts Supreme Judicial Court · Mar 15, 1842

But it is an established rule in criminal cases, that the indictment must state a complete indictable offence, and cannot be aided by the proof offered at the trial. … Whatever illegal purpose can be found in the constitution of the Bootmakers’ Society, it not being clearly set forth in the indictment, cannot be relied upon to support this conviction.

Murphy v. Boston Herald, Inc.

449 Mass. 42 · Massachusetts Supreme Judicial Court · May 7, 2007

The judge 5 upheld the bulk of the verdict, but concluded that three of the statements for which the jury found the defendants liable qualified as protected statements. … The constitutionally required independent examination therefore takes place when, after compiling all of the facts implicitly established by the jury’s verdict, the court considers whether that body of facts, clearly and

MacLaurin v. City of Holyoke

475 Mass. 231 · Massachusetts Supreme Judicial Court · Aug 18, 2016

Accordingly, establishing that an existing residential building has undergone modifications significant enough to qualify as "major alterations" is not sufficient to show that the building has been substantially rehabilitated … MacLaurin contends that such a hearing was necessary to establish an acceptable record for review on appeal, based on written findings of fact and a clearly articulated rationale for the decision made.

Commonwealth v. Lucas

472 Mass. 387 · Massachusetts Supreme Judicial Court · Aug 6, 2015

Then, he sponsored a bill to help sex offenders qualify for taxpayer funded lawyers. That's the last thing I want my tax dollars spent on. … White, 116 Ill. 2d 171, 180 (1987) ("A public question clearly cannot be the victim of character assassination").

Callender v. Marsh

18 Mass. 418 · Massachusetts Supreme Judicial Court · Mar 15, 1823

and that while the work was proceeding, as soon as a third surveyor had been appointed and qualified, his concurrence was also obtained. … We have only to look at our statutes, and we think they explicitly and clearly give the power to the surveyors, which was exercised by the defendant in the case before us.

Higgins's Case

284 Mass. 345 · Massachusetts Supreme Judicial Court · Nov 1, 1933

S. 552 , at page 560, where it is said that the rule to be applied in the interpretation of statutes “is established by many decisions. … The qualifying word “ordinary” was used. It would have been easy to omit that word if it had not been intended that meaning be given to it.

Beal Bank, SSB v. Eurich

444 Mass. 813 · Massachusetts Supreme Judicial Court · Aug 3, 2005

Eisenhauer, supra, the as-signee of a mortgage sought to establish that the mortgage had been discharged in error. … Clearly, EPS, as the bank’s servicing agent, had a business duty accurately to maintain such records for the bank.