Case law

Metropolitan Life Insurance v. Cotter

28 Mass. L. Rptr. 479 · Massachusetts Superior Court · Feb 7, 2011

In mid-2006 he took and passed the qualifying exams in History, Communication and Literacy Skills, and Business. … He has little motivation to return to his old position and clearly prefers his current lifestyle.

Commonwealth v. Pitt

29 Mass. L. Rptr. 445 · Massachusetts Superior Court · Feb 23, 2012

It is well-established that “a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties.” Id. at 744 . … The evidence before, the court does not clearly indicate whether the defendant’s CSLI revealed his location in a public area.

Mitchell v. Money Store Massachusetts, Inc.

12 Mass. L. Rptr. 348 · Massachusetts Superior Court · Nov 20, 2000

Moreover, no intention to deceive need be shown for an act to qualify as deceptive under G.L.c. 93A. Swanson v. Bankers Life Co. 389 Mass. 345, 349 (1983); Linthicum v. Archambault, 379 Mass. 381, 388 (1979). … Mitchell reasonably relied on those representations; Clearly, the Money Store’s own wrongful acts prevented Mitchell from proceeding with his efforts to obtain financing.

Commonwealth v. Pring-Wilson

19 Mass. L. Rptr. 624 · Massachusetts Superior Court · Jun 24, 2005

“Only if a decision establishes ‘a new principle of law, either by overruling clear past precedent on which litigants may have relied ... or by deciding an issue of first impression whose resolution was not clearly foreshadowed … Clearly this goes toward the threshold inquiry discussed in Breese concerning the accuracy of a guilty verdict.

Shaari v. Harvard Student Agencies, Inc.

5 Mass. L. Rptr. 623 · Massachusetts Superior Court · Jul 19, 1996

In so doing, Judge Neel determined that the 1990 entry was “clearly opinion.” … Judge Neel has already found that the statements in the 1990 entry were “clearly opinion”; this Court does not disagree.

Dobin v. CIOview Corp.

16 Mass. L. Rptr. 785 · Massachusetts Superior Court · Oct 29, 2003

Chapter 149, section 148 of these labor laws clearly states that “No person shall by special contract with an employee or by any other means exempt himself from this section or from section one hundred and fifty.” … Here, in contrast to Boston Police Patrolmen , there is no state statute specifically authorizing the deferral so as to qualify for federal tax benefits under the Internal Revenue Code. Compare with id. at 720 .

Cho Hyun Shin v. Massachusetts Institute of Technology

19 Mass. L. Rptr. 570 · Massachusetts Superior Court · Jun 27, 2005

B.Violation of G.L.c. 93A (Count XVI) “[A] claim for the negligent delivery of medical care, without more, does not qualify for redress under [Massachusetts’] consumer protection statute, G.L.c. 93A.” Darviris v. … Therefore, the Plaintiffs can not establish an essential element of their negligent misrepresentation claim.

Commonwealth v. Echavarria

32 Mass. L. Rptr. 642 · Massachusetts Superior Court · Apr 30, 2015

Bonafacio that Isidoro identified the night of the murder clearly depict two different people. Mr. … He clearly gave the matter his careful attention after conducting thorough preparation”). Furthermore, Mr.

Tuttle v. Planning Board

18 Mass. L. Rptr. 381 · Massachusetts Superior Court · Oct 20, 2004

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. … A party still “may qualify as a ‘person aggrieved’ if he has put forth credible evidence to substantiate a claim of injury to his legal rights which is more than speculative.” Nickerson v.

Mullaney v. City of Worcester

25 Mass. L. Rptr. 36 · Massachusetts Superior Court · Nov 14, 2008

Both capacities lie clearly within the undisputed letter and spirit of her official duties as Executive Director. See Trial Exhibit 1 at section 7, and Trial Exhibit 3 at section 12(i). … The Senior Center should not be confused with the “Age Center,” an independent, non-governmental establishment viewed by some as competition to the Senior Center. Mullaney Trial Testimony; Hoover Trial Testimony.

Haglund v. Philip Morris, Inc.

26 Mass. L. Rptr. 205 · Massachusetts Superior Court · Oct 20, 2009

Finally, PMI disputes that Haglund can establish the feasibility of the alternative cigarette. A. … “Unless Congress’s intent to do so is clearly manifested, a court does not presume that Congress intended to displace State law on a particular subject, and will not so conclude.” Boston v.

McCormack v. Zimmerman

18 Mass. L. Rptr. 589 · Massachusetts Superior Court · Jan 3, 2005

McCormack and the defendants have specifically agreed that that role will be the task of a qualified arbitrator, in a binding and final fashion. … There is a well-established common-law right of access to the judicial records of civil proceedings. See Nixon v.

Polion v. Wal-Mart Stores, Inc.

22 Mass. L. Rptr. 31 · Massachusetts Superior Court · Nov 7, 2006

The few depositions and affidavits of Massachusetts associates are clearly not representative in the sense demanded by DeSisto . … Such findings clearly prove that associates must have left registers without logging off.” Id.

Chang v. Winklevoss

28 Mass. L. Rptr. 322 · Massachusetts Superior Court · May 3, 2011

See also President & Fellows of Harvard Coll., 445 Mass. at 748 (“The purpose of rule 12(b)(6) is to permit prompt resolution of a case where the allegations of the complaint clearly demonstrate that the plaintiffs claim … The parties mutually acknowledge that their agreement is qualified and that they, therefore, contemplate the drafting and execution of a more detailed agreement.

Town of Hingham v. Aquarion Water Co. of Massachusetts, Inc.

33 Mass. L. Rptr. 203 · Massachusetts Superior Court · Nov 20, 2015

The basis thus established is a long and complicated computation ...” Trial Exhibit 5 at pp. 4-5. … Jenkins is a highly qualified forensic accountant. He is not a lawyer, and did not receive instruction from counsel to apply any particular meaning to the statutory language.

Dicerbo v. Nordberg

8 Mass. L. Rptr. 160 · Massachusetts Superior Court · Jan 15, 1998

facts that the DET has not treated Board of Review decisions with precedential value and is arbitrarily denying compensation benefits for persons similarly situated to others who have been found by the Board of Review to be qualified … Co. of Mass., Inc., 367 Mass. 708, 712 (1975); (“(1) whether a new principle has been established whose resolution was not clearly foreshadowed, (2) whether retroactive application will further the rule, and (3) whether inequitable

Commonwealth v. Wade

17 Mass. L. Rptr. 93 · Massachusetts Superior Court · Dec 9, 2003

Williams in support of those warrants establish probable cause for the defendant’s arrest. … Fernandes, 30 Mass.App.Ct. 335, 341 (1991) (the affidavit clearly spelled out the role played by the informants); Commonwealth v. Cowell, 57 Mass.App.Ct. 1115 (2003) (same).

Casmar, Inc. v. Correia

7 Mass. L. Rptr. 402 · Massachusetts Superior Court · Aug 12, 1997

The *406 mere failure of the trustee to have asserted a cause of action against Casmar, Castelo, and Pereira is not sufficient, in and of itself, to establish that the action was abandoned and that Correia, therefore, has … Mass. 1953) (“Mere inaction with respect to the properly is not enough, but it is sufficient if the trustee clearly indicates his intention to abandon the property as valueless’’); In re Malcolm, 48 F.Sup. 675, 679 (E.D.

Cowles v. Red Roof Inns, Inc.

4 Mass. L. Rptr. 187 · Massachusetts Superior Court · Aug 24, 1995

Plaintiffs therapist opined that there are jobs available through the Massachusetts Rehabilitation Commission for which plaintiff is qualified. … Clearly, Mr. Stoddart should not be compensated for the latter, regardless of any concomitant benefit it might have had on the prevailing plaintiffs case. Defendant’s contention that Mr.

City of Boston v. Smith & Wesson Corp.

12 Mass. L. Rptr. 225 · Massachusetts Superior Court · Jul 13, 2000

dealer that a straw purchase was being made; (2) multiple sales (where a purchaser buys more than one gun, at one time or over a short period, from a licensed dealer with the intent of conveying the gun to another person not qualified … The Court noted that the establishment and maintenance of a fire department is for the benefit of the public.