Case law

Abramian v. President & Fellows of Harvard College

9 Mass. L. Rptr. 556 · Massachusetts Superior Court · Dec 10, 1998

WEIGHT OF THE EVIDENCE Defendants’ next argument is that the verdict was clearly against the weight of the evidence. … He may meet that burden by establishing an unanswered prima facie case of discrimination.

Essex County Sheriff's Department v. Essex County Correctional Officers Ass'n

27 Mass. L. Rptr. 487 · Massachusetts Superior Court · Dec 1, 2010

In approximately 2001, ECCOA established a website. In 2003, Thompson was elected as ECCOA’s Recording Secretary and began to serve as the administrator of the website. … An arbitrator cannot direct a person to act in violation of the law and thereby immunize that person from the consequences of his illegal conduct. Adam Assoc., Inc., 22 Mass. L. Rptr. at 391 .

Matthews v. Ocean Spray Cranberries, Inc.

5 Mass. L. Rptr. 202 · Massachusetts Superior Court · Apr 15, 1996

acceptable level, that he was nonetheless terminated, and that the employer sought to fill his former position with a similarly qualified individual. … Moreover, Ocean Spray was warranted in taking into account the degree to which the time card completion policies versus theft policies had been clearly established and promulgated at the times of these employee’s respective

Leslie v. Boston Software Collaborative, Inc.

14 Mass. L. Rptr. 379 · Massachusetts Superior Court · Feb 12, 2002

The Court found that while the expert was fully qualified, his testimony was of only moderate assistance because, mostly, what he did was examine information from outside website data bases, particularly that of an entity … Clearly, there was no demonstrated need to force him off the board of directors and thereby cut off his access and knowledge about the day-to-day affairs of the company.

Newly Wed Foods, Inc. v. Superior Nut Co.

26 Mass. L. Rptr. 602 · Massachusetts Superior Court · Feb 18, 2010

By 2003, failure to disclose that a product contained peanut fell within a well-established concept of unfairness within the food industry. … In 2001, the FDA recommended that all manufacturers clearly label all allergens contained in food products, including peanuts.

Folmsbee v. Tech Tool Grinding and Supply, Inc.

1 Mass. L. Rptr. 15 · Massachusetts Superior Court · Jul 15, 1993

Shortly after he began his management of Tech Tool, Morin realized that the little company was not immune *16 from intrusion by the drug culture that was affecting nearly all levels of society. … The Supreme Court of the United States has held that the Fourth Amendment’s origin and history clearly show that it was intended as a restraint upon the activities of sovereign authority, and was not intended to be a limitation

Financial Freedom Acquisition, LLC v. Laroche

32 Mass. L. Rptr. 540 · Massachusetts Superior Court · Jan 5, 2015

A Massachusetts federal court stated that, to qualify for a HECM loan, one must meet the criteria established by the HUD regulations. See Lustgarten, 2011 WL 1233232 at *2. … In short, this is clearly a situation where [plaintiff] bore the risk of the mistake”).

City of Boston v. Massachusetts Gaming Commission

33 Mass. L. Rptr. 247 · Massachusetts Superior Court · Dec 3, 2015

fraud or perjury; b) has submitted a false or misleading application; c) has engaged in a pattern of misconduct that makes the applicant unsuitable for a license; or d) has affiliates or close associates that would not qualify … Beyond those provisions, however, the Act quite clearly limits the *253 class of individuals or entities that can complain of the Commission’s actions, expressly curtailing if not outright precluding any judicial review as

City of Quincy v. Massachusetts Water Resources Authority

2 Mass. L. Rptr. 540 · Massachusetts Superior Court · Aug 10, 1994

In particular, § 1(b) (iii) states that one goal is the “establishment and administration of equitable charges, consistent with the objectives of this act to conserve water and improve the qualify of the environment...” … Plaintiffs argue that they are entitled to summary judgment because the MWRA clearly did not comply with the provisions of c. 372.

Graham v. Just A Start Corp.

28 Mass. L. Rptr. 569 · Massachusetts Superior Court · Aug 4, 2011

Once 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 … This is insufficient as a matter of law to establish a fiduciary relationship. See Broomfield v.

Nelson v. Anika Therapeutics, Inc.

28 Mass. L. Rptr. 613 · Massachusetts Superior Court · Aug 15, 2011

In response, the director of operations stated, in support of Nelson, “because she’s qualify control and it’s her job.” … A “narrow exception” to that rule is where the discharge is for reasons that violate clearly established public policy. Smith v. Mitre Corp., 949 F.Sup. 943, 948 (D.Mass. 1997), citing Flesner v.

Gilbert v. Marotta

4 Mass. L. Rptr. 633 · Massachusetts Superior Court · Jan 26, 1996

An area of a building accessible only to a minority of unit owners and used only by that same group can clearly qualify as a “limited common area.” Belson v. … Elevators and parking spaces used exclusively by one or more units can qualify as ’’limited common areas." Tosney v. Chelmsford Village Condominium Association, supra.

Martin v. Sullivan

23 Mass. L. Rptr. 592 · Massachusetts Superior Court · Jan 23, 2008

The defendants Daily and Smyth have moved for partial summary judgment, asserting that there is no basis on the established record for holding them liable with respect to the claims against the defendant Sullivan. … This intimidation clearly supports the plaintiffs position on this issue. Compare Koe v. Mercer, supra (parents of the plaintiff were not asked to “remain silent forever”).

U.S. Trust v. American Travel, Inc.

4 Mass. L. Rptr. 310 · Massachusetts Superior Court · Sep 14, 1995

Instead “(i]t is enough to establish that persons acting for the [Town] were responsible for action or inaction which in fact constituted a violation.” United Factory Outlet, Inc. v. … No one has questioned the Town’s standing to seek shelter beneath a statutory umbrella clearly designed to protect a person in the position of Mr. Fay, not the Town. Had Mr.

Ramsdell v. Choice Auto Centers, LLC

30 Mass. L. Rptr. 558 · Massachusetts Superior Court · Dec 24, 2012

The purpose of a motion to dismiss is to “permit [the] prompt resolution of a case where the allegations in the complaint clearly demonstrate that the plaintiffs claim is legally insufficient.” … To qualify, a decision must follow an “opportunity for presentation of evidence and argument substantially similar in form and scope to judicial proceedings.” DaLuz, 434 Mass. at 44 .

Waters v. Earthlink, Inc.

22 Mass. L. Rptr. 527 · Massachusetts Superior Court · May 11, 2006

Commonality Waters successfully establishes commonality in this case. … There is a sufficient relationship to establish typicality in this case.

Conklin v. Perdue

15 Mass. L. Rptr. 283 · Massachusetts Superior Court · Sep 17, 2002

In 1993, the two then determined to join together and establish a consulting firm to advise businesses on strategic alliances. … This clearly was not a large project. Cyber House’s billings only totaled $4,800. But, as an example of CPI’s strained financial circumstances, even that amount was not fully paid.

Geanacopoulos v. Philip Morris Usa, Inc.

33 Mass. L. Rptr. 308 · Massachusetts Superior Court · Feb 24, 2016

I find that he is well qualified and that his testimony was supported by the evidence. Dr. … Philip Morris’ own research from as early as 1974, concluded that with respect to the lowered tar *311 and nicotine descriptor on each pack of Marlboro Lights, “[t]he ‘lowered’ line clearly means less tar . . . and better

Avalonbay Communities, Inc. v. Hamilton

29 Mass. L. Rptr. 158 · Massachusetts Superior Court · Sep 8, 2011

This case consumed six years, forcing AvalonBay’s attorneys to expend time from December 23, 2003 through at least February 11, 2010, 6 clearly diverting them from other cases and tasks. *162 C. … The legislature has also established a fee-shifting statutory mechanism for those cases utterly devoid of merit. This is such a case.

Bank of America, N.A. v. BDO Seidman, LLP

29 Mass. L. Rptr. 513 · Massachusetts Superior Court · Feb 10, 2012

Clearly, the bank did not rely on any false information received from BDO in deciding to approve a line of credit for CCNNE of $16 million. … The bank knew, from the very beginning of the relationship, that CCNNE’s business consisted of making loans to borrowers who would not qualify for loans directly from the bank.