Case law

Fabiano v. Starnet Development, Inc.

6 Mass. L. Rptr. 113 · Massachusetts Superior Court · Oct 10, 1996

e.g., Polaroid, 889 F.Supp. 21 . 2 The evidence that the defendant SDI maintains a Northeast Regional Sales Representative, solicited some Massachusetts corporations and sent the cease and desist letters, is sufficient to qualify … The plaintiffs clearly filed this declaratory judgment action in response to the defendants’ threats of litigation.

DSF Investors, LLC v. Lyme Timber Co.

19 Mass. L. Rptr. 411 · Massachusetts Superior Court · Dec 22, 2004

Federal-Mogul Corp., 412 Mass. 703, 706 (1992), and the language in Section 11 certainly qualifies as “the sort of express limiting provision which [the Appeals Court has] described ... as affording a safe harbor to parties … However, the boundaries of what may qualify for consideration as a c. 93A violation is a question of law. Davidson v. General Motors Corp., 57 Mass.App.Ct. at 644 .

BBNT Solutions, LLC v. 625 Concord, Inc.

20 Mass. L. Rptr. 732 · Massachusetts Superior Court · Mar 24, 2006

If Landlord and Tenant are unable to agree on the option price it shall be determined by appraisal, the Landlord and Tenant each appointing one qualified real estate appraiser who shall in turn jointly choose a third. … Ill Purchase Option Agreement clearly defines the bargained-for rights of the parties thereto created by that contract. By its plain terms, the I.F.

West Boylston Cinema Corp. v. Paramount Pictures Corp.

12 Mass. L. Rptr. 530 · Massachusetts Superior Court · Sep 18, 2000

Here, the Rule 56(c) record establishes that the bidding process was facially defective. … This court sees no reason to depart from such well established definitions.

Arsenault v. McConarty

21 Mass. L. Rptr. 500 · Massachusetts Superior Court · Oct 3, 2006

McConarty clearly had a special relationship with Ortiz. … McConarty acted within the standard of care of the average qualified family practitioner in his treatment of Ortiz. Dr.

Harbourvest International Private Equity Partners II-Direct Fund, L.P. v. Axent Technologies, Inc.

12 Mass. L. Rptr. 323 · Massachusetts Superior Court · Aug 31, 2000

“If 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 material fact in order to defeat the motion.” … (One of two of PassGo’s operating divisions in the United States was qualified to do business in the Commonwealth of Massachusetts.)

DirecTV, LLC v. Commonwealth, Department of Revenue

31 Mass. L. Rptr. 48 · Massachusetts Superior Court · Nov 26, 2012

They pay corporate income taxes to Massachusetts, and collect and remit sales taxes on qualifying sale-purchase transactions in Massachusetts. … They agree that the typical Massachusetts customer selects a service based on price, customer service, reception qualify, and the breadth and types of programming offered.

Cahaly v. Benistar Property Exchange Trust Co.

28 Mass. L. Rptr. 18 · Massachusetts Superior Court · Jan 13, 2011

[T]hat evidence would not get you to the actual knowledge that needed to be proved in order to establish aiding and abetting liability, because at most it would establish knowledge of the business of Benistar but not that … Shawmut Bank, N.A., 418 Mass. 596 (1994), what a party must prove to establish that another has committed a fraud on the court: A “fraud on the court” occurs where it can be demonstrated, clearly and convincingly, that a

Millipore Corp. v. Waters Holding, Inc.

6 Mass. L. Rptr. 659 · Massachusetts Superior Court · May 19, 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. Id. at 17 . I. … Furthermore, the interpretation advanced by Millipore is the one that clearly best carries out the purpose and intention of the parties, as they may be discerned from the agreement itself.

Garabedian v. Westland

12 Mass. L. Rptr. 130 · Massachusetts Superior Court · Jun 30, 2000

The ten-year statute of limitations for violations not authorized by a permit clearly only applies to “structures,” not uses. … Not only must the accessory use be “ ‘habitually . . . established as reasonably associated with the primary use’ . . .

Ossers v. Litton Loan Servicing, L.P.

30 Mass. L. Rptr. 361 · Massachusetts Superior Court · Oct 12, 2012

In that case the borrower asserted a variety of common-law and statutory claims, alleging that Bank of America’s Spanish-speaking agents had falsified his financial documents to qualify him for a loan and then, coerced him … Clearly, neither BNY nor Litton were involved in the origination of Ossers’s loans and thus, they cannot be liable for wrongdoing allegedly committed by WMC during the origination process.

West Concord 5-10-1.00 Store, Inc. v. Interstate Mat Corp.

31 Mass. L. Rptr. 58 · Massachusetts Superior Court · Mar 5, 2013

As illustrated by the following example, a class action is clearly not superior in this case, Le., a fair and more efficient method of adjudicating plaintiffs claims. … This is clearly an undesirable result which cannot be tolerated.

Maston v. Poirier

26 Mass. L. Rptr. 365 · Massachusetts Superior Court · Dec 14, 2009

At-risk people may include (but are not limited to) the very young, the old, people with respiratory problems such as asthma or emphysema, people with immunity deficiency, and people sensitive to chemicals such as disinfectants … Although such states of mind clearly encompass reckless behavior, Montanez v. Bagg, 24Mass.App.Ct. 954, 956 (1987), negligent acts are not the subject of punitive, multiple damages awards. Anzalone v.

Orbison Corp. v. Russ

22 Mass. L. Rptr. 352 · Massachusetts Superior Court · Mar 14, 2007

The moving party bears the burden of establishing the absence of a triable issue. Pederson v. Time, Inc., 404 Mass. 14, 17 (1989). … The parties mutually acknowledge that their agreement is qualified and that they, therefore, contemplate the drafting and execution of a more detailed agreement.

Lou v. Otis Elevator Co.

17 Mass. L. Rptr. 354 · Massachusetts Superior Court · Feb 18, 2004

The record clearly shows that Kevin’s hand was caught and squeezed between the stair and the skirt panel of the escalator. … Even if he had, he does not demonstrate he is qualified as a translator.

Brienzo v. Town of Acushnet

15 Mass. L. Rptr. 142 · Massachusetts Superior Court · Aug 27, 2002

It is well established that, where the Legislature has established a comprehensive scheme of administrative procedures and remedies, a plaintiff must exhaust those remedies before seeking redress in court. Lincoln v. … To establish a prima facie case of handicap discrimination, the plaintiff must present credible evidence that he is a person with a handicap or his employer perceived him as handicapped, that he was nonetheless qualified

Commonwealth v. Tremblay

18 Mass. L. Rptr. 60 · Massachusetts Superior Court · Jun 3, 2004

Even though Detective Ross saw what he believed to be drugs in the rear seat area of the car, his questions were not asked under circumstances that qualify as custodial interrogation. See Commonwealth v. … The defendant clearly understood the purpose of the interview and there is no evidence he was intimidated. He said he understood his rights and agreed to speak to the police.

Cahaly v. Benistar Property Exchange Trust Co.

28 Mass. L. Rptr. 1 · Massachusetts Superior Court · Jan 13, 2011

Both denied, at the 2002 trial, seeing any information on the site concerning Benistar’s role as a qualified intermediary for § 1031 plans, and the court concluded that such evidence “has no probative value in establishing … He deposited the proceeds from the sale, $541,930.74, with Benistar (the Benistar Funds), which was to serve as the qualified intermediary for the intended §1031 exchange.

Arklow, Inc. v. Weadock

31 Mass. L. Rptr. 544 · Massachusetts Superior Court · Nov 27, 2013

Once the moving party establishes the absence of a triable issue, the nonmoving party must respond by setting forth specific facts showing that there is a genuine issue for trial. … There is clearly some tough bargaining occurring between the co-directors, with Bryan bringing the corporate line of credit to the brink, endangering Mrs. Weadock’s bond portfolio.

Cummings Properties Management, Inc. v. W.R. Grace & Co.-Conn.

1 Mass. L. Rptr. 429 · Massachusetts Superior Court · Jan 19, 1994

On May 21, 1979, moreover, the State Department of Environmental Qualify Engineering (“DEQE”) declared that public Wells G and H in Wo-burn were contaminated, and ordered them shut down indefinitely. … Even if it is not established that Mr. Cummings received this particular report, it is clear that all the EPA test results were available to plaintiffs.