Case law

Kalra v. Viking Networks, Inc.

18 Mass. L. Rptr. 694 · Massachusetts Superior Court · Jan 21, 2005

However, even though Kalra qualifies as an employee and Viking as an employer, there are genuine issues of material fact as to whether the agreement between them allowed for a salary contingent on sufficient funding. … In that case, the written agreement clearly outlined the contingency issue. Furthermore, no one else in the firm earned any salary during the period in question.

Weinberg v. Colon

11 Mass. L. Rptr. 82 · Massachusetts Superior Court · Dec 3, 1999

It is clear that the Release permitted Colon to disclose its terms to “any public agency” and thus clearly contemplated that she may disclose the settlement to the Board. … Weinberg’s efforts to distinguish matters of private and public concern is unconvincing and are not supported by established legal precedent.

Baynorth Realty Fund VI, L.P. v. Shoaf

27 Mass. L. Rptr. 502 · Massachusetts Superior Court · Oct 19, 2010

Elder Care Services, Inc., which presented a similar dispute, the First Circuit cited Pemstein for the proposition that a waiver of defenses in a guaranty “probably . . . could not immunize bad faith or fraud.” 82 F.3d at … The Court concludes that the evidence offered, taken as true, is insufficient to establish an oral modification. 8 3.Public Policy.

Doe v. Sex Offender Registry Board

14 Mass. L. Rptr. 111 · Massachusetts Superior Court · Nov 7, 2001

Although an agency’s interpretation of its own rules is entitled to great deference, the Board’s interpretations here are clearly erroneous. … Stranger is defined as any person who has not known the offender for more than 24 hours prior to the offense or who has not established any type of relationship.

Nationwide Mutual Insurance v. Bent

10 Mass. L. Rptr. 727 · Massachusetts Superior Court · Nov 9, 1999

(hereinafter “A&F”), and Custom Qualify Pools, Inc. (hereinafter “CQP”). A&F provides transportation on a contractual basis to school systems in the area and it parks its buses on the premises. … “Clearly, the manifest design of homeowners’ insurance is to protect homeowners from risks associated with the home and activities related to the home.” Worcester Mutual Ins. Co. v. Marnell, 398 Mass. 240, 245 (1986).

Rogers v. Wigglesworth

7 Mass. L. Rptr. 145 · Massachusetts Superior Court · Jul 23, 1997

An amount equal to the maximum amount qualifying for the marital deduction would be deposited in the A Trust. … establishing a contrary intent.

Lydia D. v. Payzant

17 Mass. L. Rptr. 272 · Massachusetts Superior Court · Dec 30, 2003

Once the child establishes residency, however, the school system must admit the child to its schools. … Contompasis does not explicitly say that he also relied on the fact that the school had found Andrew’s cell phone and that it listed a “781" area code number for "Home," although he mentions it in his affidavit and it clearly

Cape American Cranberry Corp. v. Bourne Conservation Commission

12 Mass. L. Rptr. 206 · Massachusetts Superior Court · Jul 10, 2000

The DEP issued a Final Decision on July 13, 1999, finding that Cape American’s bogs qualified for the agricultural exemption, but the exemption was limited in scope to the “limits of the cranberry bogs as shown on plans entitled … The intent of this act is to establish a uniform definition to assist the agricultural community in complying with the Wetland Protection Act and reducing the current uncertainty that exists.

Harold Parsons, on Behalf of Himself and Others Similarly Situated v. the Commerce Insurance Company

Massachusetts Superior Court · Jun 23, 2025

(“a class of 240 members is sufficiently numerous to qualify for class treatment”). -6- by Commerce.[4] And as for adequacy of representation, the interests of Mr. … Parsons are aligned with those of the other putative class members, and plaintiff’s counsel is well qualified to conduct the litigation on behalf of the proposed class members.

Gem Plumbing and Heating Services, LLC v. Rusty's, Inc; Michael J. Roderick; Thomas R. Hansen; Air Pros Ma, LLC; Michael Hansen; And Paul Neary

Massachusetts Superior Court · Jun 4, 2024

staff “fails to qualify as an improper means or motive in analyzing the elements necessary to support a claim for interference with contract.” … An act or practice is “unfair” within the meaning of c. 93A “if it falls ‘within at least the penumbra of some common-law, statutory, or other established concept of unfairness’; ‘is immoral, unethical, oppressive, or unscrupulous

Cardillo v. Aron

26 Mass. L. Rptr. 504 · Massachusetts Superior Court · Jan 6, 2010

Thus plaintiff did not establish, either by directly posing the res ipsa question to Dr. … [Pjlaintiffs expert failed to establish that the injuries at issue would not occur in the absence of negligence. Dr.

Nardone v. Raytheon Co.

32 Mass. L. Rptr. 45 · Massachusetts Superior Court · May 19, 2014

Unlike the internal dispute in King , the alleged actions of Raytheon, if true, contravened clearly established public policy. … Preventing defense procurement fraud surely qualifies as performing an important public deed.

Hanks v. Klein

21 Mass. L. Rptr. 504 · Massachusetts Superior Court · Sep 27, 2006

This difference has been further clarified by amendments to the Federal Rules of Evidence that establish a sharp and clear distinction between testimony based on observations and expert testimony. See United States v. … Klein, whether he discussed the risks with Susan and Bruce Hanks (Klein Dep. 105:16-21), and whether he used the term “risks” in that discussion (Klein Dep. 110:21), was clearly answered. Dr.

Daniels ex rel. Estate of Daniels v. Dunlap

15 Mass. L. Rptr. 379 · Massachusetts Superior Court · Nov 15, 2002

The important financial consequences of vicarious liability will likely affect the conduct of physicians and hospitals, so it is important that the lines be drawn clearly so that the adaptive behavior is intelligent and efficient … Desai, and therefore is immune from liability under the Tort Claims Act. The plaintiffs motion to amend to add Dr. Lipke as a defendant, therefore, must be denied.

Kenyon Oil Co. v. Adams

17 Mass. L. Rptr. 69 · Massachusetts Superior Court · Dec 4, 2003

several provisions of the zoning bylaw of the Town of Sturbridge (discussed further below) and concluded that the bylaw was designed to and did in fact regulate “signs” and “window signs,” that the interior signs in question qualified … This statute has been considered by our appellate courts on numerous occasions, and guidelines have been established for the exercise of the power of judicial review.

Licata v. GGNSC Malden Dexter, LLC

29 Mass. L. Rptr. 467 · Massachusetts Superior Court · Mar 14, 2012

Licata signed an Immunization Consent or Refusal and a health insurance benefits assignment form as a “Responsible Party.” … Apparent Authority Moreover, GGNSC has not established that Licata had apparent authority to execute an arbitration agreement on Rita’s behalf.

Apostolopoulos v. Massachusetts Registry of Motor Vehicles

21 Mass. L. Rptr. 616 · Massachusetts Superior Court · Oct 6, 2006

Rent Control Bd. of Brookline, 358 Mass. 686, 694-95 (1971), and that the plaintiff has the burden of establishing that the statute lacks a rational basis. Commonwealth v. Franklin Fruit Co., 388 Mass. 228, 235 (1983). … During the interim the RMV twice approved him as a qualified unrestricted driver for periods exceeding a decade. He accumulated no similar offenses during that span of time.

In re Pelvic Mesh/Gynecare Litigation

32 Mass. L. Rptr. 304 · Massachusetts Superior Court · Apr 14, 2014

(Ex. 3.) 2 The Journal is described as “the gold standard for qualify biomedical research and for the best practices in clinical medicine.” (Ex. 4.) … Applying traditional conflicts principles, Massachusetts clearly has the more significant relationship to the issue whether the NEJM peer review and editorial decision making processes should be protected from disclosure.

Realty Central, LLC v. Re/Max of New England, Inc.

16 Mass. L. Rptr. 709 · Massachusetts Superior Court · Aug 12, 2003

Here, there was clearly no acceptance by Re/Max in the manner called for by the Franchise Agreement. … The evidence clearly establishes that the plaintiffs were alerted to any possible discrepancy between the alleged oral misrepresentations and the Franchise Agreement prior to executing the Franchise Agreement, both by Hummer

Farmer v. Federal National Mortgage Ass'n

31 Mass. L. Rptr. 204 · Massachusetts Superior Court · May 9, 2013

Harmon, having asserted this legal argument on behalf of FNMA at the Housing Court, is clearly in privity with FNMA. … Rather than clearly conveying the identity of the alleged mortgagee, this placement seems to elude ready notice.