Case law

Marshall v. McDonnell

12 Mass. L. Rptr. 49 · Massachusetts Superior Court · Aug 15, 2000

In fact, there is evidence that the day before the offer was signed, the seller-defendants gave the plaintiffs a hand-drawn plot plan that clearly delineates the parcel to be conveyed as a distinct portion of what was previously … The parties mutually acknowledge that their agreement is qualified and that they, therefore, contemplate the drafting and execution of a more *50 detailed agreement.

ASHLEY M. MILLS v. CITY OF SPRINGFIELD and Another

Massachusetts Superior Court · May 6, 2024

G.L. c. 79, § 10.[17] The defendants argue that the retention of an owner's surplus value over the amount owed to a municipality is a taking in pais and qualifies as a "seizure" of "personal property" within the meaning of … Mills' motion for summary judgment, the Court need not address the defendants' contention that Lonergan should be dismissed from this action because of qualified immunity. -18- Massachusetts Declaration of Rights and the

Forbes Park, LLC v. Irving Oil Corp.

26 Mass. L. Rptr. 378 · Massachusetts Superior Court · Nov 30, 2009

Defendants correctly point out that G.L.c. 2IE, §5, establishes liability only for “damage to . . . real or personal property,” not for consequential economic damages. See Garweth v. … Mobil Oil 747 F.Sup. 93101-102 (D.Mass.), in which the Court assumed, without deciding, that operation of a gas station would qualify as an abnormally dangerous activity, but dismissed the claim of strict liability on other

Wright v. Wright

10 Mass. L. Rptr. 357 · Massachusetts Superior Court · Aug 4, 1999

essential elements of a §1983 action are present: (1) whether the conduct complained of was committed by a person acting under color of state law; and (2) whether this conduct deprived a person of rights, privileges or immunities … sets forth the procedures for release of academic and other records to noncustodial parents and more clearly delineates the responsibilities of school officials and the rights of parents.

Licensing Board v. Alcoholic Beverages Control Commission

16 Mass. L. Rptr. 777 · Massachusetts Superior Court · Oct 6, 2003

Taken together, these provisions of the Agreement clearly cast Advisors in a subservient role to Oznemoc. … Without some specific articulable basis for implicating Hurd personally in some wrongdoing in the course of his duties as a manager of a licensed establishment, the Commission correctly determined that Hurd is qualified to

Pierson v. Stembridge

27 Mass. L. Rptr. 274 · Massachusetts Superior Court · May 24, 2010

Pierson has met her initial burden of establishing a primafacie case of age discrimination. … In short, Pierson has failed to establish any connection between her age and the defendants’ actions.

Raytheon Co. v. Tully

1 Mass. L. Rptr. 620 · Massachusetts Superior Court · Mar 30, 1994

An admission “conclusively establishes” the admitted material. Mass.R.Civ.P. 36(b). … Tully, however, testified at his deposition that he had formed an opinion as to whether his conduct complied with the professional standards of an average, qualified attorney.

Boesel v. Swaptree, Inc.

31 Mass. L. Rptr. 555 · Massachusetts Superior Court · Dec 23, 2013

Once the moving party establishes the absence of a triable issue, the party opposing the motion must respond with evidence of specific facts establishing the existence of a genuine dispute. Pederson , 404 Mass, at 17. … Curtis, as CFO, qualifies as an “officer” of Swaptree.

Palmer v. Ernst & Young, LLP

22 Mass. L. Rptr. 277 · Massachusetts Superior Court · Apr 11, 2007

The limitation of liability was clearly stated at the close of the letter, just below the paragraph informing Dr. … Palmer as its fee to establish and execute the Annuity Transaction.

Utility Contractors Ass'n of New England, Inc. v. Commissioners of Massachusetts Department of Public Works

5 Mass. L. Rptr. 17 · Massachusetts Superior Court · Mar 15, 1996

The legislature thus has clearly expressed labor harmony and the public interest as a goal and objective for public works projects. … of work the bidder is qualified to perform.

Johnson v. Martha's Vineyard Commission

3 Mass. L. Rptr. 132 · Massachusetts Superior Court · Dec 2, 1994

In so ruling, the court relied on well established First Circuit precedent which has repeatedly and steadfastly held that rejections of development projects do not ordinarily implicate substantive due process. … In light of this ruling, the court does not consider whether the Commissioners would be entitled to qualified immunity had the plaintiffs made out a substantive due process violation.

South Boston Betterment Trust v. Boston Redevelopment Authority

15 Mass. L. Rptr. 87 · Massachusetts Superior Court · Sep 4, 2001

About a year later, the SBBT was established, and its trustees were appointed. Three of those trustees were appointed by the Mayor. … If those facts were to be a part of the analysis, the motions would be denied because many, if not most, clearly are in dispute.

Salvas v. Wal-Mart Stores, Inc.

18 Mass. L. Rptr. 651 · Massachusetts Superior Court · Dec 30, 2004

Finally, certification is clearly a superior method for a fair and efficient adjudication of the controversy. … Wal-Mart also argued that the plaintiffs failed to establish that they were adequate representatives of the class.

Commonwealth v. Holt

4 Mass. L. Rptr. 539 · Massachusetts Superior Court · Oct 17, 1995

See G.L.c. 4, §7 (“In construing statutes the following words shall have the meaning herein given, unless a contrary intention clearly appears . . .” (emphasis added)). … The Commonwealth also argues that, because the “arrest journal” is available for counsels’ inspection, the police logs are thus metamorphosed into CORI material immune from discovery.

Shannon O'Brien v. Deborah Goldberg

Massachusetts Superior Court · Sep 4, 2025

But as CCC Chair, O'Brien's interactions with other commissioners and staff are clearly part and parcel of the development and implementation of the commission's policies. … Constitution, establishing succession in the event of "Disability of [the] President." See U.S. Const. amend.

Winiker v. Bell

30 Mass. L. Rptr. 530 · Massachusetts Superior Court · Nov 5, 2012

The design of the garage is such that it has an odd angle, which appears clearly to have been done to accommodate the lot line between the Bell and Winiker properties. I infer that Mr. … Bell clearly asserted her ownership of the encroaching portion in 2008, thereby ending the running of the time for adverse possession of that area.

Nogrady v. Dougherty

30 Mass. L. Rptr. 203 · Massachusetts Superior Court · Jun 21, 2012

s home should still have been considered Lulich’s home at the time of her application, as it had been her primary place of residence for twenty-six years, she had an ownership interest in the property, and her affidavit clearly … According to the POM, ”[a]n individual’s principal place of residence is the dwelling the individual considers his or her established or principal home and to which, if absent, he or she intends to return.”

Vision Systems, Inc. v. EMC Corp.

19 Mass. L. Rptr. 139 · Massachusetts Superior Court · Feb 28, 2005

(“VSI”) is a Maiyland corporation qualified to do business in Massachusetts, once located in Hingham and now located in Norwell, Massachusetts. Vision Fire & Security Pty, Ltd. … The question of whether the undisputed facts establish, or fail to establish, a “substantial beginning of performance” is a question of law for the Court to decide. Chambers Steel at 860.

Lowell School Committee v. United Teachers

12 Mass. L. Rptr. 672 · Massachusetts Superior Court · Jan 2, 2001

Clearly, this Court has no power to “reconsider” a ruling of the Appeals Court, but rather is bound to follow it. … Clearly, under the Education Reform Act, if anyone is to do so, it is the principal.

Ritter v. Massachusetts Casualty Insurance

14 Mass. L. Rptr. 22 · Massachusetts Superior Court · Oct 30, 2001

Fort Halifax makes clear that a single, lump sum payment will not qualify as an ERISA plan. … Even assuming that Boston Physical Therapy did no more than write a few checks, Baig is clearly distinguishable on its facts.