Case law

Hope v. Double E Corp.

13 Mass. L. Rptr. 649 · Massachusetts Superior Court · Mar 8, 2001

“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 ...” … Further, the defendants contend that the facts alleged fail to establish that Fortin acted maliciously in terminating Hope.

Theroux v. Stephen Singer, DDS, PC

21 Mass. L. Rptr. 187 · Massachusetts Superior Court · Apr 20, 2006

McLean Credit Union, 491 U.S. 164, 171 (1989). 19 While it has been established that Dr. … Driscoll, 418 Mass. 576, 582 (1994) (an at-will employee has a cause of action for wrongful termination if the termination violates a clearly established public policy); Flesner v.

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.

Baran v. Estate of Conway

27 Mass. L. Rptr. 259 · Massachusetts Superior Court · Jul 29, 2010

Standard of Review A motion to dismiss for failure to state a claim permits “prompt resolution of a case where the allegations in the complaint clearly demonstrate that the plaintiffs claim is legally insufficient.” … In the Correia case, the criminal plaintiff established actual innocence by showing that a jury acquitted him of the underlying criminal charges. See id. at 132 .

Wilder Companies, Ltd. v. California Pizza Kitchen, Inc.

32 Mass. L. Rptr. 505 · Massachusetts Superior Court · Jan 22, 2015

not, as plaintiff argues, to establish an entirely separate category of fixtures as to which the Landlord’s 60-day notice of compulsoiy removal duty does not apply. … Both sides have proceeded in their papers on the understanding that all of the items left by Tenant in the Premises following expiration of the Lease qualify as trade fixtures.

Commonwealth v. H&R Block, Inc.

25 Mass. L. Rptr. 92 · Massachusetts Superior Court · Nov 25, 2008

This Court finds that the Attorney General has failed to establish the proof needed for a preliminary injunction of this scope. … He inflated his income by at least a factor of two to qualify for the loan, which he never could have afforded, since the annual payments exceeded his annual income.

Boylan v. Boston Sand & Gravel Co.

25 Mass. L. Rptr. 209 · Massachusetts Superior Court · Jan 23, 2009

Boston Sand argues that, since this was simply a curative ratification, Dan bears the burden of proving that “the terms of the transaction are so clearly outside the range of reasonableness that the directors . . . who authorized … He also relied heavily on Silverstein’s advice, since he did not consider himself qualified to resolve the differences between the two appraisals.

Commonwealth v. Conkey

16 Mass. L. Rptr. 691 · Massachusetts Superior Court · Aug 26, 2003

The Commonwealth also called Barbara Tucker (“Tucker”), a co-worker of Conkey’s who testified under an immunity agreement with the Commonwealth. … The motion must first establish a prima facie case for relief before discovery is available.”

Commonwealth v. Kartell

20 Mass. L. Rptr. 134 · Massachusetts Superior Court · Oct 25, 2005

By the time Himmer arrived at the solarium to speak with Kamm, he was not securing a volatile scene or establishing the need for medical care. … That Crawford does not establish a new procedure so fundamental so as to be “implicit in the concept of ordered liberty,” see Gilmore v.

DeProfio v. Waltham Housing Authority

22 Mass. L. Rptr. 677 · Massachusetts Superior Court · Jul 17, 2007

Clearly, WHA violated its own written commitment by its action. 4. Summary. … Since I conclude the plaintiff has established her claims of violation of federal law under §1983, and since the relief to which she is entitled does not appear to be different under her other claims, I do not reach those

Commonwealth v. Cinelli

32 Mass. L. Rptr. 193 · Massachusetts Superior Court · Apr 16, 2014

Arruda, 73 Mass.App.Ct. 901, 904 (2008) (‘The State action requirement of art. 12 is well established. It is governmental, not private, compulsion that is prohibited”). … Stenhach, 356 Pa.Super. 5,16 , 514 A.2d 114, 119 (1986), app. denied, 517 Pa. 589 , 534 A.2d 769 (1987); Restatement (Third) of the Law Governing Lawyers, §119. *197 For qualified or contrary views, see Hitch v.

Federal Deposit Insurance Corp. v. Boston Redevelopment Authority

5 Mass. L. Rptr. 138 · Massachusetts Superior Court · Dec 18, 1995

The DIP Agreement establishes the obligation of Boylston Street Associates to pay moneys to the BRA, rather than how the BRA is to administer the money. (DIP Agreement at 1.) … However, “in the absence of the usual words, a condition precedent may nonetheless be found to exist if the intent of the parties to create one is clearly manifested in the contract as a whole.”

Sycamore Land Corp. v. Thompson

1 Mass. L. Rptr. 489 · Massachusetts Superior Court · Jan 28, 1994

A deleading process, undertaken by qualified contractors Sycamore hired and paid, thereafter ensued. It is unclear when the deleading process began but the process clearly was completed in January of 1992. … The proposition that the Board has authority to make determinations concerning violations of the State Sanitary Code and to enter abatement orders based on those violations was established by the reasoning of this Court in

GTE Government Systems Corp. v. Rackemann, Sawyer & Brewster, P.C.

5 Mass. L. Rptr. 634 · Massachusetts Superior Court · Apr 4, 1996

Rackemann contends that judgment n.o.v. is warranted because this court’s instruction to the jury on the subject was clearly wrong. … “Establishing the date of breach or demand!, however,] is a determination for the trier of fact, and, where trial has proceeded before a jury, neither the judge nor an appellate court can make such a determination.”

Ding v. Payzant

17 Mass. L. Rptr. 656 · Massachusetts Superior Court · May 20, 2004

Both students passed the qualifying examination, and received invitations for admission on the condition that they establish residency in Boston by July 31, 2003. … The “he” in the statutory phrase “where he actually resides” is clearly the student, not his or her parents, guardians, or anyone else.

Lamare v. Commonwealth

11 Mass. L. Rptr. 442 · Massachusetts Superior Court · Feb 18, 2000

M.G.L.c. 258 provides immunity from personal liability for public employees in the scope of their employment. A public employer, however, can be held responsible for the actions of a public employee. … The circumstances in the firefighter hypothetical clearly and fairly demonstrate that the action would be taken as soon as possible. The present case can be analogized to this hypothetical. Ms.

Iodice v. City of Newton

10 Mass. L. Rptr. 716 · Massachusetts Superior Court · Oct 1, 1999

All such plans for buildings in access (sic) of 35,000 cubic feet must bear the seal of a qualified professional architect. ( 780 CMR 113 .4, 113.5, 113.5.2, 1001.) 2. As indicated in my August 22, 1996 letter to Mr. … The record does not clearly indicate when the Department issued the memorandum.

Liska v. Travelers Property Casualty Corp.

18 Mass. L. Rptr. 644 · Massachusetts Superior Court · Nov 19, 2004

Johanning’s testimony, however, does not establish to any reasonable degree of probabiliiy precisely when such exposure began. … During the removal procedure, all windows and doors would be properly sealed with all of the work being done by duly qualified environmental technicians.

Linnen v. A.H. Robins Co.

11 Mass. L. Rptr. 40 · Massachusetts Superior Court · Dec 15, 1999

Wellman to establish an association between phentermine and pulmonary hypertension exceed the background rate. 2. … Moreover, animal studies clearly show that phentermine increases the anorexic activity of dex-fenfluramine and increases the impact of this drug on brain seratonin levels." Similarly, Dr.

UniFirst Corp. v. Liberty Mutual Insurance

28 Mass. L. Rptr. 86 · Massachusetts Superior Court · Feb 15, 2011

On the particular facts presented, however, the Court determined that “the record clearly establishes that Augat’s breach of the voluntary payment provision undermined that purpose.” Id. … The fault is mostly, but not entirely, that of plaintiffs counsel, who has inserted into the statement voluminous argument, which belongs only in memoranda of law, along with repeated meaningless qualifying language (to the