Case law

Lee v. Massachusetts Bay Transportation Authority

4 Mass. L. Rptr. 83 · Massachusetts Superior Court · Aug 8, 1995

In the process laid out in Pushkin , the plaintiff establishes a prima facie case by showing that he or she was an otherwise qualified person apart from his handicap, and was rejected under circumstances which gave rise to … Once the plaintiff establishes this prima facie case, the defendants *85 have the burden of proving that plaintiff was not an otherwise qualified handicapped person, able to meet all of the program’s requirements in spite

Bennett v. Massachusetts Bay Transportation Authority

8 Mass. L. Rptr. 154 · Massachusetts Superior Court · Feb 2, 1998

In December of 1989, the MBTA established its first written drug and alcohol policy (“Policy”). In March of 1991, the MBTA implemented the random drug testing component of the Policy. … It does not follow that, because the MBTA does not enjoy sovereign immunity, Morrison-Knudsen Co. v.

Freeman v. Massachusetts Bay Turnpike Authority

12 Mass. L. Rptr. 621 · Massachusetts Superior Court · Dec 15, 2000

S. 247, 267-71 (1981) (discussing policy considerations underlying municipal immunity from punitive damages, in context of construing federal civil rights act as preserving that immunity). 10 The factor of litigation costs … To the contrary, in response to the Court’s specific inquiry at a pre-trial hearing as to whether the law clearly subjects the MBTA to punitive damages, all counsel agreed that it does.

J. BRENT FINNEGAN, and Others v. VBENX CORPORATION, and Others VBENX CORPORATION, and Others Plaintiffs-In—Counterclaim v. J. BRENT FINNEGAN, and Others Defendants-In-Counterclaim

Massachusetts Superior Court · Mar 11, 2019

persons to become directors and officers" of Delaware corporations, "[w]here . . . the allegations underlying the unclean hands defense involve conduct that, if true, would undermine the spirit of the statute, the balance is clearly … The Delaware Chancery Court's discussion of the unclean hands doctrine in Tafeen certainly suggests that, if the plaintiff had purchased an expensive home in Florida, where Florida homestead law would make that asset immune

Alexander v. Clarke

28 Mass. L. Rptr. 291 · Massachusetts Superior Court · May 3, 2011

An inmate’s commitment number is established when he or she is committed to a prison. … In the alternative, Marshall, Clarke, and Groblewski argue that they are entitled to qualified immunity. However, there is insufficient information in the record to decide the issue at this time.

Fruchtman v. Maloney

8 Mass. L. Rptr. 288 · Massachusetts Superior Court · Mar 20, 1998

under Title XVT of the Social Security Act, or the Medicaid Program, 42 U.S.C. 1396, et seq., or (b) a person whose income, after taxes, is one hundred twenfy-five percent or less of the current poverty threshold annually established … Clearly, Fruchtman has access to funds sufficient to pay the modest costs associated with initiating a civil action in the Superior Courts of the Commonwealth.

Albee v. New England Medical Center Hospitals, Inc.

7 Mass. L. Rptr. 593 · Massachusetts Superior Court · Oct 30, 1997

a continuing violation. 6 With those incidents included in the analysis, his claim clearly does meet that standard. … Clearly there is contrary evidence, among which are contradictions in Albee’s own conduct and statements. But the existence of conflicting evidence warrants a trial, not summaiy judgment.

Niser ex rel. Niser v. Town of Clinton

6 Mass. L. Rptr. 409 · Massachusetts Superior Court · Feb 24, 1997

The major decisions establish several familiar elements of the “discretionary function” concept. … Probation officers’ negligent supervision of probationers also does not qualify. A.L. v. Commonwealth, 402 Mass. 234, 245-46 (1988).

Smith v. Bell Atlantic

13 Mass. L. Rptr. 397 · Massachusetts Superior Court · Jul 18, 2001

has failed to establish a retaliation claim. … Bell Atlantic has not submitted any official description of Smith’s position, and therefore, there is no clearly defined list of essential functions that Smith must prove she could perform.

Doe v. Braco

15 Mass. L. Rptr. 43 · Massachusetts Superior Court · May 16, 2002

To establish a duty, the plaintiffs are required to prove that Braco’s conduct was foreseeable to the defendant in question. … Charitable Immunity G. Mercer argues that he is immune from liability under G.L.c. 231, §85W.

MARGARET DEWEESE-BOYD v. GORDON COLLEGE & Others

Massachusetts Superior Court · Apr 15, 2020

That is clearly the case for IVCF, with not only its Christian name, but its mission of Christian ministry and teaching. Id. at 834 (internal citations omitted). … The Second Circuit ruled that the plaintiff was a minister because, "[a]lthough her formal title was not inherently religious, . .. the record clearly establishe[d] that she held herself out as a spiritual leader of the school

Birbiglia v. St Vincent Hospital

3 Mass. L. Rptr. 407 · Massachusetts Superior Court · Dec 29, 1994

Levinson did not provide information relating to the plaintiff which was false and known by the defendant to be false, the immunity provisions of the HCQIA apply. The protections afforded by the HCQIA immunize Dr. … A plaintiff need not show that a single agent of the defendant knew all of the facts necessary to establish the defendant’s liability. Id.

Goodridge v. Department of Public Health

14 Mass. L. Rptr. 591 · Massachusetts Superior Court · May 7, 2002

to serve on unpaid commission because not hereditary title or office); White, 428 Mass. at 255 (limiting Article 6 to absolute preferences for public employment and therefore rejecting challenge to statute requiring that qualified … Speech by the government is immune from judicial scrutiny in the context of the First Amendment. Id. at 235 .

Beckett v. Jewish Cemetery Ass'n

28 Mass. L. Rptr. 100 · Massachusetts Superior Court · Mar 7, 2011

The content of those discussions therefore cannot be taken as established at the summary judgment stage. … It has therefore failed to establish this element of damages. The Court grants summary judgment to JCAM, establishing Beckett’s liability for breach of the covenant of good faith and fair dealing.

Mourao v. Town of Framingham

9 Mass. L. Rptr. 358 · Massachusetts Superior Court · Dec 7, 1998

“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 … The Court assumes for purposes of this discussion that a police report qualifies as “an official action or proceeding."

Ayash v. Dana Farber Cancer Institute

8 Mass. L. Rptr. 216 · Massachusetts Superior Court · Feb 18, 1998

General Laws chapter 111, §204(b) provides that: Documents, incident reports or records otherwise available from original sources shall not be immune from subpoena, discovery or use in any such judicial or administrative … The Sallan Committee was an internal peer review committee established by the Institute’s Board of Trustees, pursuant to the Institute’s corporate bylaws, to “investigate the accidental overdosing of two patients enrolled

Konan v. George

14 Mass. L. Rptr. 509 · Massachusetts Superior Court · Mar 14, 2002

However, subsection (c) of the statute significantly curtails the immunity afforded by G.L.c. 128, §2D. … Such signs shall be placed in a clearly visible location in the proximity of the equine activity.

City of Boston Credit Union v. Cotney

32 Mass. L. Rptr. 496 · Massachusetts Superior Court · Feb 17, 2015

The by-laws of the credit union determine the condition of residence, occupation, or association which qualify persons for membership. … Chapter 171, as consistently interpreted by the Commissioner, is not intended to regulate competition but rather to make sure that only qualified applicants are authorized to *500 establish credit unions or expand their membership

Core-Boykin v. Boston Edison Co.

17 Mass. L. Rptr. 577 · Massachusetts Superior Court · Apr 13, 2004

After completion of the training, Core-Boykin expected to graduate to the position of Qualified Level 12 Grade B Operating Mechanic (“Qualified Operating Mechanic”). … The display of an object resembling a penis, however offensive it may be, clearly does not meet this test. It involves neither threatening conduct nor physical contact.

Commonwealth v. Sperrazza

3 Mass. Supp. 416 · Massachusetts Superior Court · Mar 29, 1982

Simpson, 370 Mass. 119 , 121 n.1 (1976) (“Recently, we noted the existence of this unresolved question [i.e., whether G.L.c. 233, sec. 20F, establishes the exclusive procedure by which a Superior Court Judge may grant immunity … Accordingly, even if the plea bargain agreement were to be interpreted as broadly as Sperrazza requests,, he could form no reasonable reliance thereon in light of the clearly controlling law, a matter which this Court infers