Case law

Kent v. Commonwealth

437 Mass. 312 · Massachusetts Supreme Judicial Court · Jul 15, 2002

We must decide whether the parole board’s role in MacNeil’s freedom is enough to qualify as the original cause of the condition or situation that resulted in the shooting. We conclude that it is not. … Fanning, 345 Mass. 73, 76 (1962) (“when all facts are established and there can be no reasonable difference as to the effect of them, causation becomes a question of law”).

North Shore Realty Trust v. Commonwealth

434 Mass. 109 · Massachusetts Supreme Judicial Court · May 14, 2001

qualify as “lots.” … L. c. 79, § 22, does not suggest that the Legislature intended a change from the established procedure of awarding costs against the Commonwealth in eminent domain cases.

In the Matter of Jadd

391 Mass. 227 · Massachusetts Supreme Judicial Court · Feb 21, 1984

The privileges and immunites clause, appearing at art. 4, § 2, cl. 1, of the Constitution of the United States, 4 ‘“establishes a norm of comity,’ . . . that is to prevail among the States with respect to their treatment … If we are willing to admit a qualified person on motion if he or she moves to Massachusetts, we have already concluded that passing a bar examination is not an essential means in assessing his or her knowledge of local law

Dean Tran v. Commonwealth

Massachusetts Supreme Judicial Court · Sep 10, 2025

The defendant's briefing to the full court does not clearly articulate whether he continues to rely on the Federal clause for his claim of legislative immunity. … Breault, 485 U.S. 906 (1988) (order denying qualified immunity from suit brought under 42 U.S.C. § 1983 ); Abuzahra v. Cambridge, 101 Mass. App.

Irwin v. Commonwealth

465 Mass. 834 · Massachusetts Supreme Judicial Court · Jul 15, 2013

immunity at trial would vitiate such immunity, imposing on it the burden of proceeding to trial from which the doctrine of sovereign immunity affords it protection. … by the statutory language, it is nonetheless clearly limited only to those individuals who can establish their membership in a particular class.

C & M CONSTRUCTION CO. v. Commonwealth

396 Mass. 390 · Massachusetts Supreme Judicial Court · Dec 12, 1985

Since the present action is not founded on the contract between C & M and the Commonwealth, as to which sovereign immunity is waived, the question is whether there is any other source of waiver of sovereign immunity. … The primary statutory basis for the waiver of sovereign immunity is G. L. c. 258 (1984 ed.). As we have repeatedly held, “[t]he rules of construction governing statutory waivers of sovereign immunity are stringent.”

Building Inspector & Zoning Officer v. Wampanoag Aquinnah Shellfish Hatchery Corp.

443 Mass. 1 · Massachusetts Supreme Judicial Court · Dec 9, 2004

Section 11(A)(3) of the bylaw establishes a coastal district by reference to a 1983 zoning map. … Here, the facts clearly establish a waiver of sovereign im *13 munity stated, in no uncertain terms, in a duly executed agreement, and the facts show that the Tribe bargained for, and knowingly agreed to, that waiver.

Noyes v. Meharry

213 Mass. 598 · Massachusetts Supreme Judicial Court · Feb 25, 1913

It is not the spirit of the law of to-day to extend for the benefit of sellers the limits of immunity for false statements under the guise of trade talk. Mabardy v. McHugh, 202 Mass. 148 . … Upon this point the case is well within established principles and adjudications of this court. Thomson v. Pentecost, 206 Mass. 505, 511 . Townsend v. Niles, 210 Mass. 524, 530 .

Parker v. Lovejoy

3 Mass. 565 · Massachusetts Supreme Judicial Court · Nov 15, 1795

From the language of this article it very clearly appears to us, that no person, although qualified by his age and estate, can legally vote for governor, unless he be an inhabitant of some town, or of some corporation having … representative, but also by the name of towns, with the same powers, privileges and immunities, and under the same exception.

Parsons v. Mobile Home Park Rent Control Board

423 Mass. 631 · Massachusetts Supreme Judicial Court · Sep 26, 1996

Piphus, [supra at 266 ], the case of two students suspended from school without due process, the Supreme Court carefully and clearly pointed out that any actual damages suffered by the students were irrelevant to the issue … It does not involve 42 U.S.C. §§ 1983 and 1988. / Finally, we reject the plaintiffs’ argument, supported by the amicus brief, that, in order to qualify for an award of attorney’s fees under 42 U.S.C. § 1988 , they n§ed not

Attorney General v. Weymouth Agricultural & Industrial Society

400 Mass. 475 · Massachusetts Supreme Judicial Court · Jul 13, 1987

As enacted, § 8F clearly reaches more than charitable trusts. We think it clear that the Legislature was concerned *477 with the supervision of entities holding funds committed to charitable purposes. … Secondly, we shall consider whether Weymouth, even if not established as a public charity, has become a public charity by its conduct.

Commonwealth v. O'NEIL

418 Mass. 760 · Massachusetts Supreme Judicial Court · Nov 9, 1994

Claim of judicial immunity. … , absolute or qualified, extends to criminal conduct.

Kromhout v. Commonwealth

398 Mass. 687 · Massachusetts Supreme Judicial Court · Dec 2, 1986

Section 18 of St. 1978, c. 512, specified that the abrogation of governmental immunity under G. … That was clearly not the case here.

Sylvester v. Commissioner of Revenue

445 Mass. 304 · Massachusetts Supreme Judicial Court · Nov 16, 2005

The residency requirement in the veterans’ exemption does not prevent new arrivals from purchasing property in Massachusetts or from establishing a domicile here. … and Immunities of Citizens in the several *310 States.”

Gildea v. Ellershaw

363 Mass. 800 · Massachusetts Supreme Judicial Court · Jul 9, 1973

We hold instead that although the full performance of all conditions established by the statute (G. … For example, it clearly would not include the negligence of a public officer in the operation of a motor vehicle in the course of the performance of his official duties. See Trum, v.

Leigh v. Board of Registration in Nursing

399 Mass. 558 · Massachusetts Supreme Judicial Court · Apr 8, 1987

Leigh claims that the board’s decision is clearly erroneous and not supported by substantial evidence. … The statute does not interfere with any “fundamental right” established by Roe and its progeny. See Bowland v.

Commonwealth v. Hunt

462 Mass. 807 · Massachusetts Supreme Judicial Court · Jul 16, 2012

Dormady, 423 Mass. 190, 198 (1996) (“we are not disposed to throw aside the long-standing jurisprudence of this Commonwealth and accept the concept of use immunity”). … Justice O’Connor in her concurring opinion did not agree that the standard for compulsion is the same as the due process standard established in Sandin v.

Marcus v. City of Newton

462 Mass. 148 · Massachusetts Supreme Judicial Court · May 7, 2012

Nevertheless, we address the city’s claim that in the circumstances of this case, it qualified for § 17C’s exemption from liability for ordinary negligence as a matter of law, and that, therefore, its motion for summary judgment … On the record before us, the city has not established that the payment at issue is the type of reimbursement contemplated by Seich, supra, and Dunn, supra.

Estate of Moulton v. Puopolo

467 Mass. 478 · Massachusetts Supreme Judicial Court · Mar 14, 2014

To establish a breach of fiduciary duty, there must be a duty owed to the plaintiff by the defendant and injury to the plaintiff proximately caused by the breach. Zimmerman v. Bogoff, 402 Mass. 650, 660 (1988). … AIG Domestic Claims, Inc., supra at 104 (“once immunity has been invoked, the burden of overcoming the immunity rests exclusively with the plaintiff”).

Commonwealth v. Brewer

472 Mass. 307 · Massachusetts Supreme Judicial Court · Jul 24, 2015

establishing the elements of the crime. … We have stated that "if the proffered testimony is found to be ambiguous, not clearly exculpatory, cumulative or . . . relate[s] only to the credibility of the government's witnesses," then judicial immunity is not available