Case law

Kumar v. Roth

19 Mass. L. Rptr. 172 · Massachusetts Superior Court · Mar 25, 2005

THE PARTIES MUTUALLY ACKNOWLEDGE THAT THEIR AGREEMENT IS QUALIFIED AND THAT THEY, THEREFORE, CONTEMPLATE THE DRAFTING AND EXECUTION OF A MORE DETAILED AGREEMENT. … THE PARTIES MUTUALLY ACKNOWLEDGE THAT THEIR AGREEMENT IS QUALIFIED AND THAT THEY, THEREFORE, CONTEMPLATE THE DRAFTING AND EXECUTION OF A MORE DETAILED AGREEMENT.

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.

Hooker v. Trusted Care, Inc.

25 Mass. L. Rptr. 247 · Massachusetts Superior Court · Mar 11, 2009

(2) she was a qualified handicapped individual; (3) she was subject to an adverse employment action; and (4) the position remained open and the employer sought to fill it. … Hooker claims that she has established a tortious interference claim because she has established a handicap discrimination claim.

Sainato v. Ninety-Nine West, Inc.

2 Mass. L. Rptr. 601 · Massachusetts Superior Court · Oct 24, 1994

The Barvenik court, noting that no case had “clearly articulated the measure of the plaintiffs’ burden in proving the requisite aggrievement, after the pleading stage,” found nevertheless that the plaintiffs in that case … Moreover, in neither the complaint nor in his memorandum in opposition to the dismissal motion does Sainato allege facts to support his claim that he qualifies as a “party in interest” entitled to a presumption of standing

Cahaly v. Benistar Property Exchange Trust Co.

16 Mass. L. Rptr. 220 · Massachusetts Superior Court · Feb 25, 2003

Thus, in connection with the aiding and abetting claims against Merrill Lynch, the plaintiffs established the necessary first element that one or more of the other defendants — Benistar Property, Daniel Carpenter, Molly Carpenter … The interpretation of the letter as not dealing with a broker’s sales practices appears to be clearly correct, and there was no evidence suggesting that something other than a criticism about a broker’s sales practice was

Cruz v. Waldman

19 Mass. L. Rptr. 169 · Massachusetts Superior Court · Apr 8, 2005

DISCUSSION Cruz asserts that MassHealth’s decision to deny PCA services as inappropriate in his circumstances is unsupported by the evidence, which he argues clearly establishes his need for home services. … MassHealth is not denying the benefits of a home care program, but substituting medically skilled attendants who are better qualified to handle Cruz’s resistant and potentially violent reaction to his caregiver.

Braga v. Insurance Co. of North America

6 Mass. L. Rptr. 636 · Massachusetts Superior Court · Apr 24, 1997

Braga clearly was not a person who lived at Antosca’s home with no present intent of moving from there. … Accordingly, under the considerations Florida courts have established for determining if one is a resident of the insured’s household, Braga does not qualify as such.

Rosenberg v. Main Street Community Bancorp, Inc.

6 Mass. L. Rptr. 611 · Massachusetts Superior Court · Jan 24, 1997

Once the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts establishing the existence of a genuine issue of material fact. Pederson v. … It is true that walking would qualify as a major life activity under ch. 15IB. See Lowe v. Angelo’s Italian Foods, 87 F.3d 1170, 1173 (10th Cir. 1996).

Sobel v. Benchmark Assisted Living, LLC

23 Mass. L. Rptr. 547 · Massachusetts Superior Court · Jan 29, 2008

The one relied on by the plaintiff in this case applies in those circumstances in which termination was for reasons that are contrary to “clearly established” public policy. See Smith-Pfeffer v. … established” public policy of the Commonwealth.

Barrett v. Fontbonne Academy

33 Mass. L. Rptr. 287 · Massachusetts Superior Court · Dec 16, 2015

The undisputed facts establish the employer’s motivation with unparalleled clarity. Fontbonne declined to hire a qualified food service employee because he was a spouse in a same-sex marriage. … That none of the other justices agreed with a view so clearly expressed to them strongly suggests that more is required.

Finegan v. Preferred Mutual Insurance

9 Mass. L. Rptr. 421 · Massachusetts Superior Court · Feb 3, 1999

The moving party must establish that no such issues exist. … McManus’ New Hampshire policy provides a limit of $100,000, which clearly exceeds New York’s minimum requirement.

Paulding v. Board of Appeals on Motor Vehicle Liability Policies & Bonds

31 Mass. L. Rptr. 669 · Massachusetts Superior Court · Dec 13, 2013

As was noted by the same court, “(assignment to a program without such an admission is not clearly within the statutory language” of M.G.L.A. 90, §24(c)(3 3/4). Murphy, id. at 321, ih.5. … Hence, there was only proof before the Board that Paulding had three convictions and one prior qualifying event.

Salhab v. Middlesex County

2 Mass. L. Rptr. 35 · Massachusetts Superior Court · Mar 23, 1994

Count II alleges intentional infliction of emotional distress against defendants McGonigle, Brown and Holman. 7 , 8 To support a claim of intentional infliction of emotional distress, Salhab must establish the following: … Because this count alleges intentional and not negligent conduct by the defendant public employees, they are not immune from suit under G.L.c. 258, the Massachusetts Tort Claims Act. Breault v.

Lee v. Lahey Clinic Medical Center

21 Mass. L. Rptr. 553 · Massachusetts Superior Court · Oct 2, 2006

Id. at 359. (1) The Claims Against Thiim and Bunting The statute of repose clearly bars Lee’s claims against Thiim and Bunting. Thiim evaluated Xu on May 14, 1996. … A physician owes a patient a duty to provide medical treatment with the degree of care and skill of the average qualified physician in his or her area of specially. Brune v. Belinkoff, 354 Mass. 102, 109 (1968).

Moriarty v. Sullivan

21 Mass. L. Rptr. 254 · Massachusetts Superior Court · May 16, 2006

MHC’s Motion to Dismiss Counts 24-29 of Moriarty’s Complaint The purpose of Mass.R.Civ.P. 12(b)(6) is to “permit prompt resolution of a case where the allegations in the complaint clearly demonstrate that the plaintiffs claim … Here, for the reasons established above, MHC did not owe a duty to Moriarty. See O’Connell, 37 Mass.App.Ct. at 419 .

Commerce Insurance Co. v. Bairos

1 Mass. L. Rptr. 7 · Massachusetts Superior Court · Aug 3, 1993

Defendants contend that Commerce is attempting to change the meaning of the exclusion by amending in the word “use” to qualify the phrase “and on an insured location.” … The specific policy language in the Motorists Mutual case clearly excluded the use of recreational vehicles while off an insured location. Id. at 1035. The policy language in Laino v. Nationwide Mutual Fire Ins.

Gent v. Teradyne, Inc.

24 Mass. L. Rptr. 56 · Massachusetts Superior Court · May 8, 2008

His right being a qualified one, he fails if his petition and proof are insufficient to bring his case within the limitations of this common law right. … The Court also relied at least in part, however, on the failure to specify the records sought — a deficiency that is clearly not present here. Gavin, supra, 335 Mass. at 238 .

Daigle v. De Gregorio Construction Corp.

3 Mass. L. Rptr. 571 · Massachusetts Superior Court · Jan 4, 1995

Plaintiff failed to establish how much overtime he worked per week and the court will not speculate as to this fact. … Clearly, the current version of the prevailing wage law, G.L.c. 149, §27, affects liability as it would subject a defendant to significantly increased damages: indeed, the statute creates a new substantive cause of action

Commonwealth v. York

15 Mass. L. Rptr. 68 · Massachusetts Superior Court · Aug 7, 2002

Psychiatric expert testimony based on the Respondent’s compelled statements clearly would be the “fruits” of such compelled testimonial communication and an invasion of his most precious right to privacy, his thoughts. … established a realistic Release Plan?

Johansson v. Massachusetts Department of Correction

28 Mass. L. Rptr. 191 · Massachusetts Superior Court · Mar 31, 2011

Furthermore, the Full Commission concluded that: (1) Johansson failed to establish a prima facie case of handicapped discrimination under G.L.c. 15 IB, §4(16) because she was not a qualified handicapped person; and (2) she … The position at the Central Office, unlike the position at MCI-Concord, is clearly more clerical in nature as the employee works with the Commissioner and the Department heads, not inmates.