Case law

Lane v. MPG Newspapers

438 Mass. 476 · Massachusetts Supreme Judicial Court · Jan 16, 2003

Levine, 59 N.Y.2d 8, 17 (1983) (“Plaintiff [mayor and participant in election for office] clearly ... a ‘public of *482 ficial’ ”); Johnston v. … This requirement has been clearly established by the Supreme Court. See Ocala Star-Banner Co. v. Damron, 401 U.S. 295, 299 (1971); New York Times Co. v. Sullivan, supra at 259, 283 & n.23.

Apsey v. Nash

229 Mass. 77 · Massachusetts Supreme Judicial Court · Jan 2, 1918

By these instruments it was clearly intended that the well known but intangible social line drawn between residents on Boylston Place and persons coming from the neighborhood of Eliot Street should be drawn with legal preciseness … So far as admission is concerned, there is no punctuation in the clause that is quoted, and the phrase ‘as reserved in an Indenture’ of 1853 apparently qualifies the whole of it.

Commonwealth v. Beausoleil

397 Mass. 206 · Massachusetts Supreme Judicial Court · Apr 3, 1986

physician or other duly qualified person, designated by the court, to determine whether or not the alleged father can be excluded as being the father of the child. … whom the evidence is sought to be introduced are qualified properly.

In re the Trusts Under the Will of Crabtree

449 Mass. 128 · Massachusetts Supreme Judicial Court · May 14, 2007

He concluded that the trustees had charged fees and expenses to the trusts that were “clearly excessive,” and that the trustees had impermissibly established an endowment fund at the University of Massachusetts (university … Rice, supra, did not qualify him to testify as to the reasonableness of trustees’ fees.

Hohenleitner v. Quorum Health Resources, Inc.

435 Mass. 424 · Massachusetts Supreme Judicial Court · Nov 28, 2001

Quorum, in essence, was responsible for making sure that nurses and other persons making medical decisions were familiar with hospital policy and had the resources available, and were sufficiently trained and qualified, to … Moreover, cases involving the issue of a physician’s immunity from tort liability under G.

Quincy City Hospital v. RATE SETTING COMMISSION

406 Mass. 431 · Massachusetts Supreme Judicial Court · Jan 16, 1990

Therefore, the declaratory judgment action of New England Memorial Hosp. challenging the $70 per AND rate regulation for lack of prior Federal approval under then applicable Federal Medicaid rules, clearly could not have … Chapter 372 was enacted as emergency legislation which would “immediately provide for the establishment of hospital rates.”

Middlesex & Boston Street Railway Co. v. Board of Aldermen

371 Mass. 849 · Massachusetts Supreme Judicial Court · Feb 10, 1977

twenty-three typewritten pages and indicates that he gave the case careful attention, most of which was directed to condition No. 8, his only reference to condition No. 7 was the following language: “Condition seven is clearly … Although the members of the board imposed the invalid condition, there is no finding that they acted “in bad faith, maliciously or corruptly,” and they are therefore immune from liability in damages to the plaintiff for their

Attorney General v. Tarr

148 Mass. 309 · Massachusetts Supreme Judicial Court · Jan 4, 1889

be here important to determine the exact boundaries of the entire locus which the plaintiff claims as a landing place, and concerning which there was much evidence before the master, as the structures complained of are clearly … The language of this reservation is peculiar, and the suggestion is made, that the words “ for the public use ” are qualified by those which follow; that all which it was intended to reserve was a landing place or landing

Commonwealth v. MacDonald (No. 1)

368 Mass. 395 · Massachusetts Supreme Judicial Court · Jul 22, 1975

The defendant now argues that his exclusion from the “hearing at which evidence was taken to determine whether jurors were properly qualified” violated G. … The error was clearly apparent at trial, and could have been cured easily by the judge’s dismissal of the two challenged jurors, as sixteen jurors had been empanelled.

George v. Jordan Marsh Company

359 Mass. 244 · Massachusetts Supreme Judicial Court · Apr 12, 1971

If a consistent pattern cannot yet be clearly discerned in the *253 cases, this but indicates that the law on this subject is in a process of growth.” 3. … In this respect, the law is clearly in a process of growth, the ultimate limits of which cannot as yet be determined.” Prosser, Torts (3d ed.) § 11. 6.

Commonwealth v. Perez

411 Mass. 249 · Massachusetts Supreme Judicial Court · Nov 20, 1991

We conclude, however, that the error was clearly harmless beyond a reasonable doubt. … Under these standards,* * 8 the assumed Edwards error is clearly harmless.

Heins v. Ledis

422 Mass. 477 · Massachusetts Supreme Judicial Court · Apr 18, 1996

The wife, who had one-half of a lung removed due to cancer and suffers from allergies and a low immune system, fell into a major depression. … “The use of the words ‘in lieu of clearly indicates that something other than alimony was intended.” Inker, Alimony and Assignment of Property: The New Statutory Scheme in Massachusetts, 10 Suffolk U.L.

Doane v. Russell

69 Mass. 382 · Massachusetts Supreme Judicial Court · Mar 15, 1855

And we think this distinction and these rules are well established by authorities. In the case of Pothonier v. Dawson, Holt N. … This is no judicial decision; but it is a statement of what the law was understood to be by a judge of great authority, and stated as a point so clearly settled and understood that it was used by way of illustration of a

Foxworth v. St. Amand

457 Mass. 200 · Massachusetts Supreme Judicial Court · Jul 2, 2010

In most cases (and, specifically, in this case), the date of finality of the state court conviction determines the time line to be used for determining what Supreme Court decisions comprise the corpus of this ‘clearly established … Marsh, 481 U.S. 200 (1987), the Appeals Court’s rejection of Foxworth’s Bruton claim “was not an unreasonable application of clearly established Federal law.” Foxworth, supra at 433 . See id. at 436 .

Commonwealth v. Blackington

41 Mass. 352 · Massachusetts Supreme Judicial Court · Nov 8, 1837

Where an act can only be lawfully done by one qualified in a certain manner, it will not make the act of an unqualified person lawful, that those whose duty it was to confer the qualifica *354 tion have, through mistake or … resorted to and exercised with great caution and deliberation, and it is always to be presumed that a coordinate branch of the government has acted within the limits of its constitutional authority', until the contrary shall clearly

Harrison v. MASS. SOCY. OF PROFESSORS/FACULTY STAFF UN.

405 Mass. 56 · Massachusetts Supreme Judicial Court · May 15, 1989

. *59 On the plaintiffs' motion for summary judgment the judge ruled that the Commonwealth, acting through the trustees, was immune from suit and that the union was not liable under § 1983, because it was not acting under … The applicable statute and regulations clearly require the union to establish a rebate procedure as a precondition to collecting an agency fee, [10] and in Hudson , the Supreme Court noted that, in order to be constitutional

Lewis v. Area II Homecare for Senior Citizens, Inc.

397 Mass. 761 · Massachusetts Supreme Judicial Court · Jun 16, 1986

Since the record clearly shows that the defendants introduced credible evidence to show that the articulated reasons were not pretexts, 7 the burden shifts to the plaintiff to demonstrate that the reasons were pretexts, Wheelock … He testified that, although missionary work was a required religious practice for those members of the church who qualified, the church does not require that missionary work be conducted overseas.

Opinion of the Justices to the Senate

423 Mass. 1201 · Massachusetts Supreme Judicial Court · Jul 18, 1996

The court concluded that the measure qualifies as remedial because it serves the purposes of deterring drunk driving, assisting the Commonwealth in collecting evidence by inducing drivers to submit, and promoting safety by … General Laws c. 6, § 168, inserted by St. 1972, c. 805, § 1, established the criminal history systems board.

Commonwealth v. Coy

157 Mass. 200 · Massachusetts Supreme Judicial Court · Oct 20, 1892

But an indictment is *215 merely the charge or accusation of the grand jury, and if the evidence before them points clearly to the commission of a murder by the prisoner in one or two or three modes, but leaves it doubtful … When the regularity of their action was attacked by the introduction of evidence bearing upon it, the burden was on the Commonwealth to establish it.

Lipchitz v. Raytheon Co.

434 Mass. 493 · Massachusetts Supreme Judicial Court · Jul 9, 2001

The error was compounded by the additional instruction that if Lipchitz established that the reasons given by Raytheon were not its “real reason,” she had established Raytheon’s liability and the jury were to move on to the … Boston Elevated Ry., 200 Mass. 537, 544 (1909), the charge failed to “clearly, adequately, and correctly explainf] to the jury the principles that ought to guide and control their action.” Torre v.