Case law

Wynn v. Rudack

25 Mass. L. Rptr. 587 · Massachusetts Superior Court · Jul 24, 2009

Thus, the risk of physical harm itself — whether from a single or multiple incidents — may establish a nuisance. … Marder’s expertise, stating on the record that he had known her for 25 years and accepted that she was a “qualified expert.” March 10, 2008 Transcript (“3/10/08 Tr.”) at 140. Notwithstanding Dr.

Ronald Goldman & 27 Other Taxpayers v. Secretary of the Executive Office of Health and Human Services

Massachusetts Superior Court · Jun 3, 2021

To determine whether the Legislature had created a private right of action to enforce this duty, and thereby waived the Commonwealth’s sovereign immunity, the SJC considered “whether it would be reasonable as a matter of … Here, by contrast, the Plaintiffs have clearly set forth allegations that do establish that MassHealth is expending taxpayer funds to cover a particular physician service without determining whether it was medically necessary

Berger v. Massachusetts Department of Education

2 Mass. Supp. 558 · Massachusetts Superior Court · Jun 8, 1981

Massachusetts law even more clearly encompasses physical education within the term “educational performance.” … Clearly, physical education is included as an integral part of a regular education program.

Partin v. Fischer

6 Mass. L. Rptr. 523 · Massachusetts Superior Court · Mar 4, 1997

In the present case, there is clearly a genuine issue of material fact with respect to the exact understanding between Fischer and Partin as to what degree of responsibility Partin assumed for obtaining information about … It is well established that an allegation of legal malpractice is not self-proving. Colucci v. Rosen, Goldberg, Slavet, Levenson & Wekstein, P.C., supra at 111 .

Mandell v. Town of Reading

12 Mass. L. Rptr. 1 · Massachusetts Superior Court · Aug 15, 2000

The 2000 RFQ clearly indicates that the Town intended to have Flansburgh perform the design services. … Even though plaintiffs have established a likelihood of success on the merits, an injunction will not issue because plaintiffs have failed to establish that the issuance of the injunction would serve the public interest.

Commerce Insurance v. Mass. Medical Professional Insurance

4 Mass. L. Rptr. 88 · Massachusetts Superior Court · Jul 26, 1995

A party seeking coverage under an insurance policy, however, has the burden of establishing they qualify for coverage. Markline Co. v. Travelers Ins. Co., 384 Mass. 139, 140 (1981). … Clearly, such language contemplates a doctor-patient relationship and a malpractice claim arising from that relationship.

Vecchia v. Sullivan

13 Mass. L. Rptr. 331 · Massachusetts Superior Court · May 31, 2001

COUNCILLOR — PRECINCT 2 BY SPECIAL ELECTION AND/OR ANNUAL ELECTION The plaintiff argues that the inclusion of the words “. . . and/or annual election” are misleading to the voters since Section 10-4-2 of the Town Charter clearly … On each of its claims, the plaintiff has failed to establish a likelihood of success on the merits, precluding injunctive relief.

Commonwealth v. Simon Property Group, Inc.

24 Mass. L. Rptr. 645 · Massachusetts Superior Court · Oct 27, 2008

To do so, the Court reads the first sentence as establishing four required elements; an item must meet all four to be within the definition. … The second sentence modifies one of those four elements, the element of “awriting identified as a gift certificate,” by setting out examples of the kinds of things that could qualify as a writing, along with a catch-all phrase

Flanders v. Levy Home Entertainment, Inc.

21 Mass. L. Rptr. 344 · Massachusetts Superior Court · May 17, 2006

At hearing, counsel for the plaintiff conceded that Counts III and IV do not lie in that the wrongful termination claim is unsupported by evidence of a violation of a clearly established public policy. (See King v. … Browning-Ferris Industries, Inc., supra, which concluded that a prima facie case of unlawful employment discrimination based upon a handicapped was established if the plaintiff established: (1) that she was handicap within

Kathryn Downey v. Earl Johnson and Massachusetts Department of State Police

Massachusetts Superior Court · Oct 8, 2021

Although such a supervisory report is part of the MSP’s personnel evaluation system, it does not appear to qualify as formal discipline. DISCUSSION I. … In the present case, Downey has failed to establish that the negative supervisory report she received carried any tangible consequences qualifying the report as an adverse employment action.[23] There were no such tangible

Eastern Contractors, Inc. v. Earl R. Flansburgh & Associates

1 Mass. L. Rptr. 250 · Massachusetts Superior Court · Oct 27, 1993

In the case at bar, the majority of the letter in question is clearly ERFA’s opinion as to Eastern’s suitability for the job. … Moreover, ”[o]n a motion for summary judgment, the plaintiff bears the burden of establishing abuse of the conditional privilege ... by ‘clear and convincing’ evidence." Catrone v.

Chambers v. Glen Echo Improvement Ass'n

23 Mass. L. Rptr. 509 · Massachusetts Superior Court · Jan 24, 2008

In this case, the standing laws are the regulations that establish the statewide 150-foot safety zone between boaters and the shoreline or swimmers. … Any harm suffered by the plaintiffs as a result of the adoption of the new law does not qualify as special or peculiar, but rather limits the rights of all who use the lake. See Town of Burlington v.

Freeman v. Massachusetts Institute of Technology

7 Mass. L. Rptr. 565 · Massachusetts Superior Court · Oct 21, 1997

FACTS The affidavits submitted by the parties in connection with the present motions establish the following facts. … A hearing will be held at which plaintiffs may seek to establish their damages, failing which, nominal damages will be awarded. D.

Mitchell v. UIPE Products, Inc.

1 Mass. L. Rptr. 541 · Massachusetts Superior Court · Mar 15, 1994

“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 … As stated by the First Circuit in Snow: In considering whether an actor not clearly within the statute is entitled to repose, the court engages in a fact-based activities analysis. (Citation omitted.)

Central Water District Associates v. Department of Environmental Protection

2 Mass. L. Rptr. 81 · Massachusetts Superior Court · Mar 29, 1994

Under the first two options, the landowner would be required to prove that he qualifies for an exemption to the regulation. Id. at 741-42 . … Contrary to CWD’s arguments, however, Bourne does not immunize a landowner who proceeds under this third option from subsequent liability. This argument was properly rejected by the ALJ.

Darke ex rel. Estate of Darke v. Estate of Isner

20 Mass. L. Rptr. 419 · Massachusetts Superior Court · Nov 22, 2005

Corporations or other entities do not qualify as sponsor-investigators. Id. … Elizabeth’s argument regarding the applicability of the Massachusetts Charitable Immunity Statute, G.L.c. 231, §85K, to the circumstances of this case.

Commonwealth v. Sauve

27 Mass. L. Rptr. 479 · Massachusetts Superior Court · Nov 4, 2010

First Criterion (conviction) The court finds the first element to be facially established. … Vachher as qualified to testify in this matter. Exhibitionism is a paraphilia.

Hurton v. Puorro

20 Mass. L. Rptr. 501 · Massachusetts Superior Court · Feb 14, 2006

Department of Revenue, 41 Mass.App.Ct. 598, 603 (1996) (person acting in official capacity in a discretionary function *503 is entitled to qualified immunity from suit); South Boston Betterment Trust v. … The cases do establish that a municipality is not liable where it is not “ ‘acting in a business context,’ that is, when it is not engaged in ‘trade or commerce.’ ” Id., quoting All Seasons Servs, Inc. v.

Commonwealth v. Slonka

11 Mass. L. Rptr. 264 · Massachusetts Superior Court · Jan 20, 2000

In dicta, the Court also suggested that “[i]f polygraphic evidence is to be admissible in a given case, it seems likely that its reliability will be established by proof in a given case that a qualified tester who conducted … More importantly, however, the study clearly does not test Johnson’s accuracy in “similar circumstances.”

NRT New England, Inc. v. Moncure

24 Mass. L. Rptr. 599 · Massachusetts Superior Court · Oct 23, 2008

“It has long been the rule in Massachusetts that a contract provision that clearly and reasonably establishes liquidated damages should be enforced, so long as it is not so disproportionate to anticipated damages as to constitute … In light of these facts, Coldwell Banker’s conduct qualifies as unethical and unscrupulous.