Case law

Hayat ex rel. BTU Holdings Co v. Al-Mazeedi

28 Mass. L. Rptr. 243 · Massachusetts Superior Court · Jan 11, 2011

They are dependent on establishing a special factual relationship between the directors and the shareholders in the particular case. … These duties may arise in special circumstances which replicate the salient features of well-established categories of fiduciary relationships.

Saffie v. Audy

13 Mass. L. Rptr. 35 · Massachusetts Superior Court · Mar 14, 2001

Finally, there also is no dispute that the operation of an automobile repair facility at 63 Winthrop Street in Lawrence qualifies as a preexisting, nonconforming use under the Ordinance. 2 2. … Clearly, the use of the locus as a used car lot represents a “change” from the preexisting use of the property as an automobile repair facility.

Commonwealth v. Murray

27 Mass. L. Rptr. 367 · Massachusetts Superior Court · Apr 12, 2010

Based on statements made at trial, defense counsel clearly knew of the existence of KST; it follows, then, that Murray himself knew as well. … Reputation evidence “does not qualify as Adjutant evidence.” Commonwealth v. Peppicelli, 70 Mass.App.Ct. 87, 99 (2007) (emphasis in original).

Commonwealth v. Jose Arce

Massachusetts Superior Court · Sep 26, 2023

Price's -21 testimony establishes. … The Commonwealth is clearly correct in asserting that Johana's testimony was sufficient to convict Arce.

Hague v. Hanover Insurance

6 Mass. L. Rptr. 449 · Massachusetts Superior Court · Jan 22, 1997

read “policy” as Hanover argues, to mean a policy issued by a motor vehicle insurer in Virginia and anywhere else in the United States (or indeed, the world) does not fit with the thrust of the statute as a whole, which is clearly … Section 113L(5)(a) states that a person who qualifies as a “named insured” and who is injured or killed while a passenger or driver in a nonowned vehicle may recover only from “the policy providing the highest limits of uninsured

Massachusetts Bay Transportation Authority v. Labor Relations Commission

5 Mass. L. Rptr. 362 · Massachusetts Superior Court · Apr 5, 1996

These categories have been established for more than 25 years. The numbers of employees in each category has varied. … Thus, the MBTA contends that the commission does not have jurisdiction to determine whether or not a particular person qualifies as an “executive.”

Davis ex rel. Estate of Davis v. Bredvik

9 Mass. L. Rptr. 373 · Massachusetts Superior Court · Nov 15, 1998

Accordingly, the Bank argues, where work performed qualifies as ordinary repairs under the State Building Code for which no permit is needed, compliance with AAB regulations such as 521 Code Mass. … This argument lacks merit, since the definition of “remodeling" clearly distinguishes between work presumably requiring a building permit— modifications beyond interior decoration and structural changes — and redecorating

Rodman v. Murphy

21 Mass. L. Rptr. 56 · Massachusetts Superior Court · Mar 21, 2006

(c) A violation of subsection (a) shall be established if, based upon the totality of circumstances, it is shown that any individual is denied any of the rights protected by subsection (a). … Clearly, it is possible for MERA to be interpreted in favor of Rodman’s actions under it. II.

Commonwealth v. Ellis

8 Mass. L. Rptr. 678 · Massachusetts Superior Court · Jul 31, 1998

Clearly, those situations are distinguishable from the one in the present case. … The defendant’s passing reliance on G.L.c. 268A, §3 (the gratuity statute) is clearly inapposite.

Addison Automatics, Inc. v. Netherlands Insurance

32 Mass. L. Rptr. 715 · Massachusetts Superior Court · Aug 17, 2015

Here, Netherlands and Excelsior clearly had fairly debatable reasons for disclaiming coverage under their policies with Precision. … Saris, 781 F.3d 1245, 1252 (11th Cir. 2015), the law creates a private right of action and establishes statutory damages for violations thereof, 47 U.S.C. §227 (b)(3).

Massachusetts Highway Department v. Perini Corp.

14 Mass. L. Rptr. 452 · Massachusetts Superior Court · Mar 20, 2002

The members of the DRB are required to be highly qualified and knowledgeable individuals. … Itwas clearly within his contractual authority to make such a Decision.

John Hancock Property & Casualty Insurance v. Scannell

14 Mass. L. Rptr. 559 · Massachusetts Superior Court · Jan 8, 2002

If one were to believe that Scannell Sr. intended to stop drinking and return to the marital home, that would be insufficient to establish at the time of the accident the marital home was his household and where he resided … Clearly the evidence warrants as the jury did a conclusion he intended to deceive.

Rubin v. Murray

25 Mass. L. Rptr. 429 · Massachusetts Superior Court · Dec 4, 2008

As discussed, the filing of lawsuits clearly meets that test, as does communication about pending litigation. … General Laws c. 156B, §20, authorizes stockholders to amend by-law provisions establishing preemptive rights.

Tommy Royal and Bernadette Costa, Individually and on Behalf of Similarly Situated Individuals v. Andrew Metcalf, Judgment Acquisitions Unlimited Inc., and Michael Zola

Massachusetts Superior Court · Jun 23, 2025

complete chain of assignments” linking the foreclosing entity directly or indirectly to the record holder of the mortgage, together with “a schedule of the pooled mortgage loans” or other account-specific evidence “that clearly … (“a class of 240 members is sufficiently numerous to qualify for class treatment”). Finally, the Court finds that Mr.

Ellis v. Varney

19 Mass. L. Rptr. 260 · Massachusetts Superior Court · Mar 22, 2005

Among other equitable orders which the plaintiff also requested were to require the corporation to establish a dividend payment policy and to have the directors replaced by persons independent of the Varney family. … However, the plaintiffs own conduct is not immune from scrutiny, as it was noted in Smith v.

Mitzan v. Medview Services, Inc.

10 Mass. L. Rptr. 242 · Massachusetts Superior Court · Jun 16, 1999

Concentra established a Voluntary Network Access Program (VNA Program) whereby automobile insurers could access PPO discount information. … However, G.L.c. 176D, §3(2) prohibits false advertising of insurance matters to the public, and is clearly aimed at protecting the public, not insurance companies.

Hermanson v. Szafarowicz

30 Mass. L. Rptr. 143 · Massachusetts Superior Court · Jul 3, 2012

Hermanson’s Lot 1, and began the construction at a location that was clearly within the bounds of his lot. … He did not apply the market approach, the amount of diminution in the value of the property as a result of the loss of the trees, because he felt he was not qualified to do so.

Corcoran Management Co. v. Town of Framingham

16 Mass. L. Rptr. 519 · Massachusetts Superior Court · Jul 3, 2003

The plaintiffs bear the burden of establishing the existence of a contract and any implied terms thereof. Bernard v. Cameron & Colby Co., Inc., 397 Mass. 320, 321 (1986); Canney v. … The Application and 6A Agreements are part of the same transaction in the broadest sense, and in submitting the Application, the parties clearly contemplated the execution of the 6A Agreements.

Patterson v. Piano Craft Guild Associates, LP

16 Mass. L. Rptr. 23 · Massachusetts Superior Court · Dec 30, 2002

Article 7.6 of the agreement provides that, “A Tenant shall have the right to reject one unit otherwise meeting the requirements of this Article to which a transfer is proposed; the rej ection of a second qualifying unit, … In that respect, it clearly does stand as a obstacle to the Congressional purpose of promoting arbitration. See Saturn Distrib. Corp. v.

Ellis v. Varney

17 Mass. L. Rptr. 394 · Massachusetts Superior Court · Jan 9, 2004

While Linda was clearly not disinterested in this decision, at least two of the remaining three directors were disinterested: Shelley Vincent, III and Jerrier. … Rather, the failure appears to be in the nature of an accounting oversight constituting a mere error of judgment or want of prudence, for which corporate officers and directors are immune from individual liability.