Case law

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.

Rice v. M/A-Com, Inc.

1 Mass. L. Rptr. 190 · Massachusetts Superior Court · Oct 7, 1993

Rice would not be a “qualified handicap person” requiring reasonable accommodation. … reimbursement for expenses of people assisting in investigations and immunity for witnesses testifying in grand jury investigations.

Martin v. Town of Wilmington

13 Mass. L. Rptr. 371 · Massachusetts Superior Court · May 23, 2001

Given that the plaintiffs claim is clearly barred by §10(j) of the Tort Claims Act, this Court need not consider whether, as asserted by the plaintiff, a claim would be viable despite the discretionary function provision … Further, to the extent that the plaintiffs brief asserts a “state created danger,” allegations that the defendants failed to remove John’s assailants from the School fall short of the type of affirmative act necessary to establish

Kelen v. Massachusetts Turnpike Authority

22 Mass. L. Rptr. 456 · Massachusetts Superior Court · May 3, 2007

Kelen and Pachus must meet the test established in Soto-Lopez to demonstrate that their claim is within the relevant zone of interest to be protected. Id. … The privileges and immunities clause “ ‘establishes a norm of comity,’ . . . that is to prevail among the states with respect to their treatment of each other’s residents.” Hicklin v.

Machado v. Weld

2 Mass. L. Rptr. 112 · Massachusetts Superior Court · Mar 29, 1994

of compensation is determined by statute; (3) plaintiffs’ claims are barred by the doctrine of sovereign immunity, Commonwealth v. … Thus, in light of the budget and appropriation procedure of this Commonwealth, “a conclusion is not warranted that the Legislature clearly intended to pay funds to a political subdivision of the Commonwealth, even if there

Tramontozzi v. Watertown School Committee

2 Mass. L. Rptr. 190 · Massachusetts Superior Court · Jun 9, 1994

While the Act explicitly exempts intentional torts from its ambit, G.L.c. 258, §10(c), it covers claims arising out of ordinary or gross negligence “because such a claim qualifies as a ‘negligent or wrongful act or omission … West Boylston, 34 Mass.App.Ct. 526 (presentment inadequate where letter described an intentional tort clearly barred by G.L.c. 258, § 10(c) while complaint alleged negligence), rev. denied 416 Mass. 1103 (1993).

Abdullah v. Rapone

4 Mass. L. Rptr. 615 · Massachusetts Superior Court · Nov 15, 1995

Thus the only question remaining is whether there was a violation of clearly established constitutional rights. … If the law at that time was clearly established, the immunity defense should ordinarily fail, since a reasonably competent public official should know the law governing his conduct.

Gerfman Global, LLC v. Kershaw

33 Mass. L. Rptr. 341 · Massachusetts Superior Court · May 17, 2016

The Master Deed establishing the condominium was executed in 2001. … The Trustees’ new allocation methodology is not immune from review. The Board of Trustees is controlled by the residential unit owners.

Foley v. City of Boston

7 Mass. L. Rptr. 356 · Massachusetts Superior Court · May 30, 1997

The Boston Police Department’s duty to notify plaintiffs of John’s death is clearly mandatory. … Where, as here, public employees lack discretion because their conduct is prescribed by a statute, regulation, or established agency practice, immunity under the discretionary function exception is not available.

Local 589, Amalgamated Transit Union v. Massachusetts Bay Transportation Authority

Massachusetts Superior Court · Feb 7, 2022

ANALYSIS To establish an entitlement to injunctive relief, the union must establish that: (1) it is likely to succeed on the merits of its action; (2) it and/or its members would suffer irreparable harm without the injunction … That the MBTA might be able to go even further in protecting public health in no way suggests that taking steps that it clearly has the legal authority to take is unreasonable.

Local 589, Amalgamated Transit Union v. Massachusetts Bay Transportation Authority

Massachusetts Superior Court · Jan 5, 2022

ANALYSIS To establish an entitlement to injunctive relief, the union must establish that: (1) it is likely to succeed on the merits of its action; (2) it and/or its members would suffer irreparable harm without the injunction … That the MBTA might be able to go even further in protecting public health in no way suggests that taking steps that it clearly has the legal authority to take is unreasonable.

Commonwealth v. George

7 Mass. L. Rptr. 631 · Massachusetts Superior Court · Nov 17, 1997

Therefore, as George concedes, in 1979 the tolling provision clearly applied to both the rape and indecent assault charges. Subsequent amendments to §63, however, have admittedly muddied the waters. … George cannot establish that the statute fails this test. See Scherling v.

Sanchez-Souquet ex rel. Sanchez v. Jiminy Peak, Inc.

7 Mass. L. Rptr. 583 · Massachusetts Superior Court · Oct 15, 1997

We do not believe that Legislature intended to alter the well-established common law rule that an employer is liable for the negligence of its agents or employees. … objective of the Ski Statute was to retain common-law protections traditionally afforded to defendants, such as the doctrine of “primary assumption of risk,” 2 and to limit the obligations of ski areas by defining more clearly

Darius ex rel. Darius v. Briscoe

10 Mass. L. Rptr. 618 · Massachusetts Superior Court · Aug 26, 1999

Rhay 68 F.R.D. 574, 581 (1975) (plaintiffs request for documents of legal advice provided by the attorney general was important in defending against the defendants’ qualified immunity defense, that they did not act in their … Since the event took place in 1992, the Plaintiffs cause of action in 1998 would clearly fall outside the perimeters of the statute, G.L.c. 258, §4.

Rayberg v. City of Waltham

5 Mass. L. Rptr. 183 · Massachusetts Superior Court · Apr 3, 1996

“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 … Immunity Pursuant to G.L.c. 258, §10(b), (f), and (j) 1.

R. Bird & Associates, Inc. v. Fernando L. Sumaza & Co.

32 Mass. L. Rptr. 675 · Massachusetts Superior Court · Jul 14, 2015

If these privilege-qualifying facts are established, then the Kneeland letter will perforce qualify as an admission of a party-opponent and may be used as such at trial. … That, however, is clearly not what transpired in the present case.

Estate of Janowicz v. Massachusetts State Lottery Commission

2 Mass. L. Rptr. 607 · Massachusetts Superior Court · Oct 12, 1994

The Commission contends that, as a governmental entity, it is immune from suit under G.L.c. 93A. … The Massachusetts Tort Claims Act, G.L.c. 258, specifically immunizes public employers from intentional tort claims.

Marino v. Nynex

4 Mass. L. Rptr. 68 · Massachusetts Superior Court · Jul 25, 1995

Plaintiffs also offered evidence tending to establish that the area of Route 1 in which Pole #156 is located has been the scene of numerous automobile accidents, many of which occurred during rainy, cold weather. … However, the discussion of license-based immunity was limited to the context of nuisance.

Gasior v. Massachusetts General Hospital

19 Mass. L. Rptr. 326 · Massachusetts Superior Court · Apr 5, 2005

[it] clearly leaves room to accommodate other torts which the court might deem to involve damage to the person. … Dana-Farber Cancer Institute, 443 Mass. 367, 391 (2005) (G.L.c. 15 IB unlawful retaliation claims are not torts for purposes of applying charitable immunity damages cap, as G.L.c. 151B created new rights that did not exist

Shawmut Bank, N.A. v. Flynn

1 Mass. L. Rptr. 268 · Massachusetts Superior Court · Nov 8, 1993

In response, the defendants argue that Miller only establishes the irrelevancy of Shawmut’s good or bad faith and motivation in its decision to demand payment on the loan, but that Miller does not immunize the plaintiffs … Although it is not clear that Milter was intended to immunize such misconduct, here any such misconduct would not have been material.