Case law

Piccuirro v. Gaitenby

20 Mass. App. Ct. 286 · Massachusetts Appeals Court · Jun 28, 1985

The judge’s findings of a violation by the defendant of regulation 14.1(b) is clearly warranted. … Your acts in that posture were clearly deceptive, unfair, unconscionably oppressive.

Commonwealth v. Springfield Terminal Railway Co.

80 Mass. App. Ct. 22 · Massachusetts Appeals Court · Aug 9, 2011

Subsequently, Pan Am’s motion requesting that the judge grant judicial immunity or order the Commonwealth to apply for statutory immunity for Collins was denied. … The statute criminalizing failure to report a qualifying release to DEP plainly requires knowledge of such a release and the absence of notification to DEP in order to establish criminal liability.

Murphy v. Town of Chatham

41 Mass. App. Ct. 821 · Massachusetts Appeals Court · Dec 26, 1996

Decades before the enactment of the Act, it was well established that a municipal *825 ity was not immune from liability if it created or maintained a private nuisance on its land which caused injury to the real property … We think that the judge’s decision was not clearly erroneous and that the admission of the rainfall records would not have compelled the conclusion that the problem had not been solved.

Commonwealth v. Baxter

94 Mass. App. Ct. 587 · Massachusetts Appeals Court · Dec 13, 2018

Notwithstanding this general rule, as we have frequently held, the testimony and reports of qualified examiners are not wholly immune to judicial scrutiny. See, e.g., Esteraz, petitioner , 90 Mass. App. … Having established that the motion judge was not per se precluded from assessing the admissibility of Dr. Joss's opinion, we turn to the specific issue here, reviewing the judge's decision to disqualify Dr.

Todino v. Town of Wellfleet

66 Mass. App. Ct. 143 · Massachusetts Appeals Court · Apr 19, 2006

The Legislature clearly intended to provide full recovery for police officers and fire fighters incapacitated by injuries sustained in the performance of their duties due to no fault of their own. … Although not directly applicable, we note that the Legislature strictly has required timely payments of wages to active workers and established significant penalties, including fines and imprisonment, for untimely payment

Alter v. City of Newton

35 Mass. App. Ct. 142 · Massachusetts Appeals Court · Aug 16, 1993

governmental immunity that G. … The city also urges that it is immune from liability because of G.

Sturdy Memorial Foundation, Inc. v. Board of Assessors

47 Mass. App. Ct. 519 · Massachusetts Appeals Court · Aug 3, 1999

These requested findings, if supported by the “uncontradicted evidence” as alleged, would establish (i) the absence of any private inurement: there is no profit generated by the enterprise, and in any event, the salaries … The fact of “appointment only” service is merely an efficient management arrangement which, so far as we can determine, has not been identified by our courts as a factor in the equation of charitable immunity.

Alexander Santiago Rosa v. Affordable Interior Systems, Inc.

Massachusetts Appeals Court · Aug 27, 2025

therefore not entitled to immunity under the act. … "The standard of review of a grant of summary judgment is whether, viewing the evidence in the light most favorable to the nonmoving party, all material facts have been established and the moving party is entitled to

George MacKie v. Robert Joss.

Massachusetts Appeals Court · Jul 31, 2023

Joss is entitled to qualified immunity." … of "clearly established statutory or constitutional rights of which a reasonable person would have known."

Gund v. Planning Board of Cambridge

Massachusetts Appeals Court · Jul 19, 2017

Furthermore, we cannot countenance the plaintiffs' efforts to establish, by citation to the briefs in Durkin, that the facts of Durkin were different from those stated in the published opinion. … Rothman, 448 Mass. 190, 197-198 (2007) (whether lot became unbuildable because of increase in dimensional requirements or by repeal of exemption from dimensional requirements immaterial when considering whether lot qualified

Lodge v. District Attorney for the Suffolk District

21 Mass. App. Ct. 277 · Massachusetts Appeals Court · Dec 20, 1985

The office of the district attorney for the Suffolk District clearly is not part of any of the executive offices of the Commonwealth. The various executive offices are created by G. … In any event, the Attorney General’s decision not to raise immunity takes the issue out *279 of the instant case at this point.

Blanchard v. Steward Carney Hospital, Inc.

89 Mass. App. Ct. 97 · Massachusetts Appeals Court · Feb 24, 2016

Under the “well-established [two-part] burden-shifting test,” Hanover v. … L. c. 231, § 59H, the “Legislature intended to immunize parties from claims ‘based on’ their petitioning activities,” Duracraft, 427 Mass. at 167 , and we conclude that the claims in the instant case concerning the Boston

Boston Police Department v. Jones

Massachusetts Appeals Court · Nov 10, 2020

Thus, public employers are not liable for postjudgment interest unless some other statute clearly waives sovereign immunity with respect to such interest"). … This language is not sufficiently "forceful" for us to conclude that the Legislature clearly intended recovery for postjudgment interest. Brown, supra, quoting Todino, supra.

Robert E. McDonough v. Whalen

1 Mass. App. Ct. 573 · Massachusetts Appeals Court · Dec 4, 1973

In view of the foregoing, we need not consider Whalen’s claim of immunity as a public officer or DesVergnes’ remaining exceptions. … as a personal injury justifying the imposition of tort liability, if for no other reason than that it would be noncompensable in the absence of physical injury even if liability could be otherwise established.

Nota Construction Corp. v. Keyes Associates, Inc.

45 Mass. App. Ct. 15 · Massachusetts Appeals Court · May 29, 1998

L. c. 93A was barred because Keyes acted as a contract administrator and its actions in that capacity were immune from liability. … The actual contract sum shall be adjusted at the completion of the project by the unit prices established for an Add/Deduct in the General Bid Form, Section 00300(M).

Ryan v. Hughes-Ortiz

81 Mass. App. Ct. 90 · Massachusetts Appeals Court · Jan 6, 2012

The PLCAA was enacted on October 26, 2005, and provides immunity to firearms manufacturers and dealers from any lawsuit, pending or otherwise, fitting the Act’s definition of a “qualified civil liability action.” 15 U.S.C … qualified product by the person or a third party . . . .” *99 The final element of the definition of a “qualified civil liability action” is that the civil action “result[ed] from the criminal or unlawful misuse of a qualified

Gammell

86 Mass. App. Ct. 8 · Massachusetts Appeals Court · Jul 15, 2014

Within that scheme, the qualified examiners are established as independent, court-appointed experts. They are integral to nearly every step of the civil commitment process set out in G. L. c. 123A." … The statute clearly intends just the opposite: the qualified examiners are to be presented all relevant information and provide a thorough report of their analysis, which is to be presented to the jury, notwithstanding

SETH WATSON v. CAROL MICI & Others.

Massachusetts Appeals Court · May 17, 2024

The defendants assert that they have qualified immunity. … would understand that his conduct violated those clearly established rights" (footnote omitted).

Puckett v. Commissioner of Correction

28 Mass. App. Ct. 448 · Massachusetts Appeals Court · Mar 29, 1990

Regs. § 430.19 (1978). 6 It established A.A. status as an interim measure destined to be terminated “at some iden- *451 tillable point in time.” Royce v. Commissioner of Correction, supra at 429. … The defendants have waived their claim of qualified immunity under the Massachusetts Civil Rights Act, G.

Tamerlane Realty Trust v. Board of Appeals

23 Mass. App. Ct. 450 · Massachusetts Appeals Court · Jan 30, 1987

To qualify as a guest of an inn, one should be a transient. Selvetti v. Building Inspector of Revere, 353 Mass. 645, 647 (1968). … The fact that some of the employees who were lodged at the premises were not year-round employees would not qualify them as transient travelers.