Case law

Cottone v. Cedar Lake, LLC

19 Mass. L. Rptr. 206 · Massachusetts Superior Court · Apr 1, 2005

Board of Appeals of Andover, upon which the Cortones rely, are clearly distinguishable from the case at hand. … Indeed, the record clearly reveals that Cedar Lake obtained an order in its favor in the proceeding below and were properly brought before this Court on appeal.

Medina v. Pillemer ex rel. Estate of Riskind

20 Mass. L. Rptr. 352 · Massachusetts Superior Court · Dec 23, 2005

Nor is there any clear general rule or principle that establishes when the law recognizes a special relationship and when it does not. … No Massachusetts statute provides comparable immunity from suit to physicians in these circumstances.

Titus v. Planning Board of Gloucester

4 Mass. L. Rptr. 576 · Massachusetts Superior Court · Oct 19, 1995

The records establish that the way was laid out by the selectmen as a “private way for the inhabetants (sic) of said town.” … That portion of Bennett Street on which Lots ##1-5 front is clearly passable. It very much resembles the way which was deemed by the Appeals Court in the Sturdy case to qualify for the “public way” exemption under §81L.

Empirix, Inc. v. Ivanov

28 Mass. L. Rptr. 511 · Massachusetts Superior Court · May 17, 2011

This court is satisfied that a Non-compete was signed, there was consideration, and that NetScout qualifies as competitor. The court will turn to the defendant’s reasons as to why the Non-compete ought not be enforced. … Moreover, it has established that it would suffer irreparable harm if the injunction were not granted. Mr. Ivanov will surely suffer from enforcement of the Non-compete.

Beauregard v. Caterpillar, Inc.

25 Mass. L. Rptr. 41 · Massachusetts Superior Court · Dec 12, 2008

Lynn Ladder & Scaffolding Co., Inc., 427 Mass. 1003, 1004 (1998), this is not clearly the case here. … The operator himself and his employer are, of course, immunized from suit by the Workers’ Compensation statute. Matthew Stanton. Chuck Dault.

Lautieri v. Bae

17 Mass. L. Rptr. 4 · Massachusetts Superior Court · Oct 29, 2003

“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 USA Triathlon Annual Licence Application Waiver clearly and unambiguously releases “RACE DIRECTORS” from “any and all claims, losses or liabilities ...”

Tze-Kit Mui v. Massachusetts Port Authority

32 Mass. L. Rptr. 567 · Massachusetts Superior Court · Apr 1, 2015

(deferred compensation reflecting employee’s base salary qualified as wages under the Wage Act). … Massachusetts courts have placed particular emphasis on the notion of a benefit being earned to qualify as a wage under §148.

Boston School Committee v. Boston Teachers Union

Massachusetts Superior Court · Apr 2, 2024

This is clearly what they did, and their decisions will not be disturbed. II. Public Policy The Committee's public policy arguments are equally availing. … May 24, 2010) (Lauriat, J.), which the Committee relies upon as purportedly establishing a public policy interest in teacher attendance.

Higgins v. Kaufman

12 Mass. L. Rptr. 84 · Massachusetts Superior Court · Aug 30, 2000

Spicehandler will testify as to the average qualified medical practitioner’s practices with regard to managing the condition of infants born to GBS mothers. Dr. … Spicehandler clearly has education, experience, training and familiarlity in the field of infectious diseases. Furthermore, this court finds that under the Lanigan standard, her experience is both reliable and relevant.

Visnick v. Marriott International, Inc.

22 Mass. L. Rptr. 727 · Massachusetts Superior Court · Aug 6, 2007

This is subject to the provisions that such proceeding is not to be employed as a shield of immunity for defamation where there is not serious consideration of suit. Id. at 109 . … To establish a causal connection, an employee may establish an inference based on the timing between the protected conduct and the adverse employment action. Mole, 442 Mass. at 592 .

Kelly v. Brigham & Women's Hospital

9 Mass. L. Rptr. 50 · Massachusetts Superior Court · Jul 23, 1998

Plaintiff has provided no facts to establish the contrary. … It may be that no qualified oncologist would have assured plaintiff that the incision could be limited to four inches and that no qualified pathologist would have read the permission form to allow a large incision.

Estate of Skillman v. Riskalla

2 Mass. L. Rptr. 90 · Massachusetts Superior Court · Mar 31, 1994

Riskalla clearly was an employee and not an independent contractor. His hours of work were set by Dr. Lebowitz, and he was not free to select them. The patients whom he treated were selected by Dr. … Employee status established, the question becomes whether Dr. Riskalla was an employee of MGH or of the Hospital. On this record, I am persuaded that he was an employee of the Hospital. Dr.

DANA STRAYTON & Another v. MARTHA'S VINEYARD COMMISSION &Others

Massachusetts Superior Court · Jun 3, 2021

A cell phone tower higher than 35 feet qualifies as a Development of Regional Impact. … Plaintiffs must “establish [this] by direct facts and not by speculative personal opinion.” Standerwick, 447 Mass. at 33 .

Executive Board of Local 403 of the International Brotherhood of Police Officers v. Barrett

9 Mass. L. Rptr. 212 · Massachusetts Superior Court · Oct 29, 1998

Although defendant’s motion to dismiss was denied, his argument was not without merit and deserves brief mention. 1 The issue of whether an unincorporated association of police officers qualifies as a governmental body which … “Generally the recognition of an absolute privilege in defamation cases is limited to cases in which public policy or the administration of justice requires complete immunity from the threat of defamation suits.”

Office One, Inc. v. Lopez

7 Mass. L. Rptr. 219 · Massachusetts Superior Court · Jul 10, 1997

The Appeals Court held that Duracraft’s claims against Marino and Holmes were not subject to dismissal under G.L.c. 231, §59H because to interpret the anti-SLAPP Act as immunizing non-sham petitioning activity from all claims … Clearly, it is a governmental agency that can be petitioned, as has been done in this case.

Frishman v. Maginn

21 Mass. L. Rptr. 41 · Massachusetts Superior Court · Apr 12, 2006

Frishman was clearly referring to Kevin Xiao, Johnny Wei and Lily E. … If so, this clearly is not an act in trade or commerce.

Bergan v. Massachusetts Commission Against Discrimination

6 Mass. L. Rptr. 632 · Massachusetts Superior Court · Mar 18, 1997

This claim clearly falls within that category of discrimination claims designated under the rubric of “disparate impact” claims. … White was more qualified than Bergan for the guidance counselor position.

Sellig v. Visiting Nurse & Community Health, Inc.

10 Mass. L. Rptr. 231 · Massachusetts Superior Court · Jun 10, 1999

The record does not clearly reveal when in relation to VNCH’s receipt of the fax from Lathrop that conversation took place. … A narrow exception to this rule exists where the employee can demonstrate that she was terminated in violation of a *234 “clearly established public policy.” Upton, 425 Mass. at 757 . See also DeRose v. Putnam Mgt.

Girdosky v. Board of Zoning Appeal

11 Mass. L. Rptr. 516 · Massachusetts Superior Court · Dec 28, 1999

The Swiss government intends to establish on the locus a consular office and program that would be known as the Swiss House for Advanced Research and Education (SHARE or Swiss House). … The loss of the market — which clearly was the principal loss asserted by all the plaintiffs at trial — does not represent “ ‘a plausible claim of a definite violation of a private right, a private property interest, or a

Graney v. Metropolitan District Commission

13 Mass. L. Rptr. 492 · Massachusetts Superior Court · Aug 28, 2001

In fact, the record appears to establish the contrary, that the MBTA owns the land. … Apr. 19, 2001), 2001 WL 393722 , the Court of Appeals of Ohio, on facts bearing some resemblance to this case, held that no immunity was available to a city.