Case law
Opinions from 1658 to today.
659 results
0.80s
Massachusetts Superior Court · Oct 1, 2025
First, Massachusetts decisional law makes clear that, as merely would-be takers under a Will that was never finalized, witnessed and executed, Plaintiffs cannot qualify as intended third- party beneficiaries of the testator's … Amplifying her reasoning further, Judge Burnes rehearsed the conflict of interest principle at the heart of Miller in a manner that makes clear why Plaintiffs' clearly analogous claims in this case must fail.
Cited 0 timesPublished2 Mass. L. Rptr. 331 · Massachusetts Superior Court · Aug 3, 1994
Schools are required to establish weapons policies and to provide such information to students. … The Court has clearly established that the control of misconduct in the public school systems of the United States “necessarily” depends upon the discretion and judgment of school officials. Wood v.
Cited 0 timesPublishedSkyhook Wireless, Inc. v. Google, Inc.
30 Mass. L. Rptr. 417 · Massachusetts Superior Court · Sep 28, 2012
As to the loss of sales to consumers here, the undisputed facts establish that mobile devices are marketed worldwide. … Clearly, that is not the law.
Cited 0 timesPublishedMassachusetts Superior Court · Mar 26, 2019
The lack of foreseeable harm in this case likewise demonstrates that Plaintiff cannot establish another essential element of her negligence claim, viz ., that any acts or omissions of NU were the proximate cause of her injuries … Plaintiff contends that RAs at NU qualify as "student employees," and that the University can thus be held vicariously liable for the torts they commit within the scope of their employment.
Cited 0 timesPublishedIslamic Society v. Boston Herald, Inc.
21 Mass. L. Rptr. 441 · Massachusetts Superior Court · Jul 21, 2006
Subsequent appellate decisions have further defined what constitutes “petitioning activity” and have also provided guidance as to what must be established by a special movant under Duracrafts holding. … Clearly, the media defendants cannot claim the protections of the Anti-SLAPP statute.
Cited 1 timesPublished8 Mass. L. Rptr. 373 · Massachusetts Superior Court · Jan 6, 1998
Neither is there a dispute that SPECT scans cannot conclusively establish the existence or nonexistence of TSE in a patient. Plaintiffs experts do not opine that the SPECT scan does, in fact, establish the diagnosis. … control, conducted three air qualify tests at the Property.
Cited 0 timesPublished27 Mass. L. Rptr. 600 · Massachusetts Superior Court · Jan 31, 2011
The burden is “clearly on the defendant to demonstrate that the public was excluded from his trial.” Id. at 107 . … Indeed, defendant has established nothing beyond the initial instruction of Off.
Cited 0 timesPublished22 Mass. L. Rptr. 111 · Massachusetts Superior Court · Jan 25, 2007
The “Best Interests” of Payee LeBlanc Under the Transfer Act, the burden is on LeBlanc to establish that the transfer is in his best interests. G.L.c. 231C, §2(a)(3). … This Court is concerned that LeBlanc’s actions clearly demonstrate that he does not have the maturity, financial responsibility, or understanding of the consequences of his actions that is necessary to ensure that he will
Cited 0 timesPublished21 Mass. L. Rptr. 652 · Massachusetts Superior Court · Oct 25, 2006
After a temporaiy commitment of 60 days to the Treatment Center, pursuant to G.L.c. 123A, §12(6), during which two (2) qualified examiners examined and diagnosed Souza’s sexual dangerousness and issued reports concluding … Indeed, the Legislature’s enactment of weighty sanctions for hands-off offenses, such as dissemination of child pornography, has spoken clearly to the public safety threat posed by the sexual corruption of minors.
Cited 0 timesPublished32 Mass. L. Rptr. 622 · Massachusetts Superior Court · Apr 2, 2015
This was clearly meant to stage an overdose at the location and mask that the body had been dumped. … Kasper established both elements with respect to Corley’s actions. 19 . This court will analyze each factor required to successfully prove an IIED claim in turn. A.
Cited 0 timesPublishedNewburyport Redevelopment Authority v. Newburyport Inn Ltd. Partnership
9 Mass. L. Rptr. 683 · Massachusetts Superior Court · Mar 4, 1999
They require two appraisals and review by another qualified appraiser. See Chapter 3, ¶¶23 and 33 of HUD handbook. … No one disputes that the value of the parcel clearly exceeded $60,000.
Cited 0 timesPublishedMassachusetts Superior Court · Jul 9, 2024
The settlement was clearly not unreasonable. To the contrary, it approximated a best-case scenario for Plaintiff's arbitration- related claims. … While end-stage kidney disease may in some circumstances qualify as a disability, there is (for the reasons stated above) no evidence that this condition substantially limited Gannett' s cognitive abilities in the present
Cited 0 timesPublished31 Mass. L. Rptr. 479 · Massachusetts Superior Court · Mar 15, 2013
If the parties agreed that non-tendering shareholders shall have appraisal rights under §13, that should be clearly stated. … Disclosures of questionable qualify have yielded much lower awards”).
Cited 0 timesPublishedKlairmont v. Gainsboro Restaurant, Inc.
28 Mass. L. Rptr. 368 · Massachusetts Superior Court · Feb 17, 2011
Applying established scientific procedure, Dr. … The wrongful death statute clearly does not fall into either of these two categories. See G.L.c. 229, §2.
Cited 0 timesPublishedDoe v. Sex Offender Registry Board
8 Mass. L. Rptr. 147 · Massachusetts Superior Court · Dec 22, 1997
This opportunity to be heard is not likely to be sufficiently timely to qualify as meaningful. … The value of the studies to establish that the plaintiff in this case has been afforded all the process that is due seems more questionable.
Cited 0 timesPublishedDean Foods Co. v. Pappathanasi
18 Mass. L. Rptr. 598 · Massachusetts Superior Court · Dec 3, 2004
He said that the rebate program was established to serve a legitimate purpose. … Glazer is highly qualified to speak on the subject of opinion writing. He is, among other things, one of two Co-Reporters of the TriBar Report.
Cited 1 timesPublishedCenter for Insurance Research v. Ruthardt
4 Mass. L. Rptr. 562 · Massachusetts Superior Court · Jan 15, 1996
Evidence of Wrongful Withholding of Documents Ruthardt asserts first that “(i]n order to avoid summary judgment, CIR must allege sufficient facts ... to establish that the Division is not complying with . . . the two orders … Clearly Schwind did not understand the §4 exemption to be so all-encompassing, and neither did the Division, until all other possible arguments in support of its withholding of documents had failed.
Cited 0 timesPublishedFoxboro Realty Associates LLC v. Foxboro Park, Inc.
7 Mass. L. Rptr. 342 · Massachusetts Superior Court · Apr 25, 1997
By qualifying the “rights” of the occupants subject to which Foxboro Realty Associates was purchasing the Property with the restrictive clause “if any,” Exhibit B to the 1996 P&S reflects that Foxboro Associates and Foxboro … Karefitz, Wekstein and Andelman), establishes that the 1990 Option *349 Agreement did not grant FR1 a leasehold or other property interest.
Cited 0 timesPublished6 Mass. L. Rptr. 274 · Massachusetts Superior Court · Dec 15, 1996
Public inspection clearly is distinguishable from inspection by defendants in a lawsuit containing serious allegations of personal injuries and seeking substantial damages. … Instead there is a common law privilege encompassing “communications made to a prosecutor for the purpose of securing law enforcement,” qualified by the public records statute that creates a presumption of access to all public
Cited 2 timesPublishedJohnson v. Verizon New England, Inc.
23 Mass. L. Rptr. 40 · Massachusetts Superior Court · Aug 22, 2007
Co., 41 Mass.App.Ct. 443, 450 (1996), review denied, 423 Mass. 114 (1996) (statements that plaintiff “had been around for a long time” and that his “bag was getting too heavy” were not clearly connected to age and, without … Thus, she may have an arguable basis to establish that she engaged in protected conduct.
Cited 1 timesPublished
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