Case law

Suarez v. Belli

6 Mass. L. Rptr. 359 · Massachusetts Superior Court · Jan 13, 1997

A summary judgment motion would normally be necessary to determine issues of qualified immunity and the presence or absence of any evidence of a due process violation by Mahoney or Workman. … It is well established that “public officers possess absolute immunity for activities that are intimately associated with the judicial process.” Frazier v. Bailey, 957 F.2d 920 , 931 n. 12 (1st Cir. 1992).

Powers v. Mukpo

12 Mass. L. Rptr. 517 · Massachusetts Superior Court · Oct 2, 2000

Mukpo argues that because she is an apparent agent, she qualifies as an “agent" under the release terms and is shielded from liability. … State licensing requirements for instructors in effect in 1996 clearly contemplated protecting the public.

Nelson v. Community Newspaper Co.

12 Mass. L. Rptr. 177 · Massachusetts Superior Court · Jul 21, 2000

Such press conferences qualify as official actions. Indeed, the Jones case noted that reports of statements made at a police department press conference would qualify for the fair report privilege. 400 Mass, at 797. … Rather, it states clearly that the police suspicions as to guns and drugs at her home turned out to be erroneous.

Chambers v. RDI Logistics, Inc.

33 Mass. L. Rptr. 190 · Massachusetts Superior Court · Oct 26, 2015

While the court finds that there is clearly ample evidence in the summary judgment record to establish genuine issues of material fact precluding summary judgment in favor of the plaintiff, it is unnecessary for the court … The court further stated that it was not immunizing carriers from all state economic regulations, but rather, was “. . . following Congress’s directive to immunize motor carriers from state regulations that threaten to unravel

Minnefield v. McIntire

11 Mass. L. Rptr. 369 · Massachusetts Superior Court · Feb 14, 2000

The plaintiffs contend that sovereign immunity is not implicated here because they do not look to the Court to award them these retrospective benefits. … However, such a declaration cannot, by itself, establish an underpayment.

Commonwealth v. Geovane Jacob

Massachusetts Superior Court · Apr 21, 2026

L. e. 276, § 58A asserting that Armed Assault with Intent to Rob is a qualifying offense for 58A detention. Jacob opposes the motion on the grounds that he is not accused of a qualifying offense. … The perpetrator left the establishment in a car, and the police ran the registration. It was registered to someone who was clearly not the driver.

Cannonball Fund, Ltd. V. Dutchess Capital Management, LLC

33 Mass. L. Rptr. 623 · Massachusetts Superior Court · Oct 4, 2016

, therefore, clearly did not rely on the audits in making investment decisions. … Clearly, the same situation is not present here.

McNamee v. Jenkins

8 Mass. L. Rptr. 433 · Massachusetts Superior Court · Apr 29, 1998

As public officials or persons with a common interest, defendants enjoy a conditional or qualified privilege that “immunizes [them] from liability unless [they] acted with actual malice ... or unless there is unnecessary, … Because defendants have met their burden of establishing a qualified privilege and because the plaintiff has not met his burden of proving that defendants abused their privilege, summary judgment for Jenkins and Chinal as

Britton v. Nealon

12 Mass. L. Rptr. 304 · Massachusetts Superior Court · Sep 15, 2000

“If the moving party establishes the absence of a trial issue, the party opposing the motion must respond and allege specific facts establishing the existence of a genuine issue of material fact in order to defeat the motion … Massachusetts law recognizes that this qualified privilege allows those who fairly and accurately report certain types of official or governmental *306 action to be immune from liability for claims arising out of such reports

Bingo Innovative Software, LLC v. Cahill

28 Mass. L. Rptr. 449 · Massachusetts Superior Court · Jun 9, 2011

In contrast to the complaint in O’Malley , BIS’s complaint clearly alleges personal liability against Cahill and Cavanagh in their individual capacities. … Accordingly, Cahill and Cavanagh have not established that they were sued in an improper capacity.

Munsinger v. Berkshire Medical Center

9 Mass. L. Rptr. 486 · Massachusetts Superior Court · Oct 9, 1998

In my view, although no cause of action had accrued on the day of surgeiy (as no consequence of the use of nonsterile instruments was apparent), BMC staff members and the surgical team clearly were concerned for the consequences … Thus, there is no need to strike the charitable immunity. Furthermore, the missing evidence goes to the issue of negligence, i.e. whether nonsterile instruments were used.

Keene v. Brigham & Women's Hospital, Inc.

7 Mass. L. Rptr. 473 · Massachusetts Superior Court · Sep 30, 1997

Theatre Corp., it is clearly more egregious than a client failing to keep counsel apprised of his travel schedule. … immunity affirmative defense for a violation of a discovery order.

Tamirova v. Omni Hotels Management Corp.

29 Mass. L. Rptr. 435 · Massachusetts Superior Court · Feb 10, 2012

The opinion states, in relevant part: RSA 225-A:24,1, is an immunity provision for ski area operators. Sweeney v. Ragged Mt. Ski Area, 855 A.2d 427 (2004). … In response, Omni filed the affidavit of the director of ski operations at Bretton Woods, with accompanying photographs, which clearly establishes that the hole that caused Tamirova’s injury is part of a brook bed.

Sachdev v. Good

2 Mass. L. Rptr. 579 · Massachusetts Superior Court · Oct 3, 1994

The defendant has moved for summary judgment on the grounds that the complaint fails to establish a violation of a protected right and that the defendant’s actions are protected by the doctrine of qualified immunity. … The Sachdevs contend that Good’s actions deprived the Sachdevs of their rights, privileges and immunities secured by the Constitution and laws of the United States.

McCarthy v. Town of Hamilton

11 Mass. L. Rptr. 347 · Massachusetts Superior Court · Jan 7, 2000

Once the moving party establishes the absence of a triable issue, the party *349 opposing the motion must respond and allege specific facts establishing the existence of a genuine issue of material fact. Id. at 17 . … It is well established that an owner ofland has a duty of reasonable care to all lawful visitors. Id.

Vilensky v. Town of Milford

30 Mass. L. Rptr. 415 · Massachusetts Superior Court · Oct 12, 2012

Once the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts which would establish the existence of a genuine issue of material fact for trial. … The Presentment Letter and the Recklessness Claim As a municipality, Milford enjoys immunity pursuant to the Massachusetts Tort Claims Act and can only be sued within the framework established by G.L.c. 258.

Greater Lawrence Sanitary District v. Town of North Andover

14 Mass. L. Rptr. 571 · Massachusetts Superior Court · Jan 11, 2002

“If the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts which would establish the existence of a genuine issue of material fact in order to defeat … governmental function it is immune from local regulation.

Stubbs v. Greater Fall River Regional Vocational School District

5 Mass. L. Rptr. 518 · Massachusetts Superior Court · Jun 21, 1996

The School District moves for summary judgment on the grounds that it is immune from liability for these claims under G.L.c. 258, § 10(b). … The focus of inquiry, therefore, is whether the School District’s exercise of its discretion qualifies as a “discretionary function” for purposes of § 10(b).

Wiener v. Wampanoag Aquinnah Shellfish Hatchery Corp.

16 Mass. L. Rptr. 659 · Massachusetts Superior Court · Jun 13, 2003

The Tribal Ordinance created a Tribal Land Use Commission and established a permit process, but does not provide a mechanism for judicial review of permit decisions. … While this language clearly contemplates that federal recognition of the Tribe would impact its relationship vis avis the Town, this Court concludes that as an expression of waiver of sovereign immunity from suit, the reference

Vining v. Commonwealth

17 Mass. L. Rptr. 619 · Massachusetts Superior Court · Apr 28, 2004

On its face, the statutory language appears clearly to apply to the claim in issue here. Court officers are law enforcement officers, and the claim relates to the detention of goods by such officers. … The proposition that subject matter jurisdiction may be raised at any time is firmly established, and beyond dispute.