Case law

Woods v. Brimm

27 Mass. L. Rptr. 389 · Massachusetts Superior Court · Aug 2, 2010

Here, the Brimms fail to present evidence that the language or the circumstances surrounding the Knight Contract clearly and definitely intended to impart a benefit of a promised performance on them. … “It is settled that a license does not immunize the licensee from liability for negligence or nuisance which flows from the licensed activity.” Lummis, 385 Mass. at 47 . (Citations omitted.) In Backman v.

Commonwealth v. Nga Truong

28 Mass. L. Rptr. 223 · Massachusetts Superior Court · Feb 25, 2011

It is evident from the interview with Van that Pageau and Doherty firmly believed that Nga had killed Khyle, and the officers were clearly interrogating Van. … If it went that route, the police clearly implied to Nga that no help would be available.

Dougovito v. First Trade Union Bank

26 Mass. L. Rptr. 71 · Massachusetts Superior Court · Aug 5, 2009

The 1995 SERP was established as an incentive for its five beneficiaries to remain at the Bank for a period of time. … The Bank’s conduct clearly had the effect of injuring plaintiffs rights to his SERP benefit, and violated his reasonable expectations.

Macioci v. Commissioner of Revenue

2 Mass. Supp. 895 · Massachusetts Superior Court · Nov 6, 1981

Pursuant to G.L.c. 58, §1, the Commissioner may establish “such reasonable rules, regulations and guidelines as may be necessary to establish minimum standards of assessment performance.” … Her guidelines clearly state that she is going to calculate a median ratio and COD for residential property as a whole.

Massachusetts Eye & Ear Infirmary v. Bullen

7 Mass. L. Rptr. 101 · Massachusetts Superior Court · Jul 10, 1997

The problem remains that hospital administrators are given no guidance as to the circumstances under which a patient who is kept in the hospital for more than 24 hours qualifies for reimbursement on an inpatient basis or … Clearly the Division has an interest in requiring that health services be provided to Medicaid recipients in a cost-efficient manner.

Commonwealth v. Baez

31 Mass. L. Rptr. 295 · Massachusetts Superior Court · Jul 1, 2013

Therefore, this evidence qualifies as “newly discovered.” … Brown, 57 Mass.App.Ct. 852, 855 (2003) (“The defendant must establish that he was prejudiced by the nondisclosure”).

Sigel v. Krock

21 Mass. L. Rptr. 367 · Massachusetts Superior Court · Jul 19, 2006

Krock contends that according to the Declaration of Trust Establishing PCRT that the only plaintiff with standing is Manuel Sigel. … He has been qualified to testify as an expert in the field of real estate appraising.

Catlin Specially Insurance v. American Superconductor Corp.

32 Mass. L. Rptr. 93 · Massachusetts Superior Court · Jan 29, 2014

“If a statute uses a word which has a definite and well-known meaning at common law, it will be construed with the aid of common-law definitions, unless it clearly appears that it was not so intended.” People v. … The qualifier is especially significant in this case.

United Technologies Corp. v. Liberty Mutual Insurance

1 Mass. L. Rptr. 91 · Massachusetts Superior Court · Aug 3, 1993

The “deemer” clause clearly states that cessation of exposure, not substantial cleanup, is the event that triggers the policy. … UTC will be unable to establish its right to coverage for any contamination discovered.

Keene ex rel. Keene v. Brigham & Women's Hospital, Inc.

11 Mass. L. Rptr. 545 · Massachusetts Superior Court · Mar 15, 2000

In that decision the Court also struck the defendant’s affirmative defense *546 of charitable immunity. … Clearly, in truth, it cannot. But there is no question that Dylan actually has and will experience physical and mental pain and suffering, and money damages are the only form of compensation available.

McFarland v. Schneider

11 Mass. L. Rptr. 704 · Massachusetts Superior Court · Feb 17, 1998

An established investment fund like the Magellan Fund or the Windsor Fund, to take but two of many possible examples, are properly thought of as “products” because of defined characteristics they have established over time … He had established an excellent relationship with URS’s Mr. Cherry.

Evans v. Lorillard Tobacco Co.

30 Mass. L. Rptr. 207 · Massachusetts Superior Court · Sep 6, 2011

If Evans establishes a defective design, he must also prove that the design defect caused his mother’s harm. … Evans clearly alleged in his complaint breach of a voluntarily assumed duty as a basis for his c. 93A claim.

Inner-Tite Corp. v. Brozowski

27 Mass. L. Rptr. 204 · Massachusetts Superior Court · Apr 14, 2010

Brozowski was privy to Inner-Tite data that qualifies as protectable confidential information and must, therefore, be bound by the Secrecy Agreement. … This results in economic stability, which is clearly in the public interest. “It is in society’s best interest to recognize and enforce agreements which were voluntarily entered into and accepted.

United Technologies Corp. v. Liberty Mutual Insurance

2 Mass. L. Rptr. 197 · Massachusetts Superior Court · Jun 9, 1994

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 in order to defeat the … In order to prevail on their motion, Liberty Mutual must establish that it is unlikely that UTC will be able to establish the following essential elements at trial.

Rhodes v. AIG Domestic Claims, Inc.

24 Mass. L. Rptr. 142 · Massachusetts Superior Court · Jun 4, 2008

First, the Court looks to the amount of special damages that would clearly be established at trial even if the juiy credited the defense experts rather than the plaintiffs’ experts. … Under such an interpretation, the plaintiffs would be able to establish some actual damages even though they suffered none.

Siderius, Inc. v. Sriberg

3 Mass. Supp. 457 · Massachusetts Superior Court · Mar 24, 1982

Mere solicitation is an insufficient basis for requiring a foreign corporation to qualify to do business in Massachusetts. See Goodwin Brothers, supra at 174 . II. Defendant’s Second . … The above circumstances clearly establish awareness by Paul Sriberg of its creditors’ anxiety, which prompted the execution of the contract, and the implied agreement by Siderius and Federal that the guarantees would “buy

XL Specialty Insurance v. Massachusetts Highway Department

31 Mass. L. Rptr. 147 · Massachusetts Superior Court · Jan 3, 2013

To anyone schooled in the genre, this schedule clearly showed—and it was a fact already known to MassH-ighway and made explicit in the plans (Ex. 2, sheet 8)—that construction of the temporary earth supports and the drill … The fact that some'delay claims may not qualify, under the contract terms, for monetary relief does not, standing alone, take those claims “outside the contract.” 3. Farina Brothers.

Twin Fires Investment, LLC v. Morgan Stanley Dean Witter & Co.

15 Mass. L. Rptr. 542 · Massachusetts Superior Court · Dec 23, 2002

While Waldron Rand had not yet billed Twin Fires for this work in view of what transpired, it constitutes at least a prospective liability of Twin Fires and therefore qualifies as compensable reliance damages. … It is well-settled that, under Section 12 of the Securities Act of 1933, 15 U.S.C. §771 , the federal counterpart to G.L.c. 110A, §410(a)(2), “(t]he purchase requirement clearly confines §12 liability to those situations

Hilti, Inc. v. HML Development Corp.

22 Mass. L. Rptr. 208 · Massachusetts Superior Court · Feb 13, 2007

A creditor does not qualify as a “judgment creditor” until the judgment enters. Smola v. Camara, 16 Mass.App.Ct. 908, 909 (1983). The objective of the Receiver should be that of estate maximization. Fleet Nat. … In order to minimize frivolous challenges, Rule 5(d) provides that a simple statement signed under the penalties of peijuxy will suffice to establish prima facie proof of service.