Case law

Boston Professional Hockey Ass'n, Inc. v. Cheevers

348 F. Supp. 261 · District Court, D. Massachusetts · Sep 28, 1972

His abilities are rated as outstanding by Coach Tom Johnson of the Bruins and by any qualified observer of professional hockey players. … The Bruins argue that the existence of a valid collective bargaining relationship immunizes certain practices common to professional sports from the scope of the antitrust laws.

Rohrberg v. Apfel

26 F. Supp. 2d 303 · District Court, D. Massachusetts · Nov 12, 1998

FACTUAL AND PROCEDURAL HISTORY Rohrberg applied for SSDI benefits on January 17, 1994, alleging that she became unable to work on July 30, 1993, due to “Crohn’s disease [and] Chronic Immune Deficiency Syndrome.” … The record, however, established that the claimant had active Crohn’s disease and that medication improved but would not erase her various symptoms. See id. at 138 .

Cannonball Fund, Ltd. V. Dutchess Capital Management, LLC

33 Mass. L. Rptr. 623 · Massachusetts Superior Court · Oct 4, 2016

, therefore, clearly did not rely on the audits in making investment decisions. … Clearly, the same situation is not present here.

Hatton v. Mullan

District Court, D. Massachusetts · Aug 7, 2018

The Defendants also raise the qualified immunity defense. D. 43 at 15. … The invocation of qualified immunity does not, however, change the outcome.

BankBoston v. Marlow

428 Mass. 283 · Massachusetts Supreme Judicial Court · Nov 2, 1998

The subtrust established for the third son, Hugh, and his family is the same with two exceptions. … Pond, supra at 899 , we ordered that a revocable trust be reformed to provide a surviving spouse a “qualifying income interest for life,” I.R.C. § 2056(b)(7)(B) (1994), in order to qualify for the estate tax marital deduction

Tate v. Department of Mental Health

419 Mass. 356 · Massachusetts Supreme Judicial Court · Jan 24, 1995

The moving party must clearly show that there is an absence of evidence to support the nonmoving party’s case. See Celotex Corp. v. Catrett, 477 U.S. 317, 322-323 (1986). … First, she must establish a prima facie case of employment discrimination by producing evidence that she was dismissed because of her handicap.

Town of Burlington v. District Attorney for the Northern District

381 Mass. 717 · Massachusetts Supreme Judicial Court · Oct 31, 1980

Attorney Gen., 332 Mass. 246, 252 [1955]); but there is no such assertion of serious impropriety or venality or scandal as might, conceivably, put a boundary to the executive immunity. Cf. Attorney Gen. v. … advise the town should have five years’ experience in practice, was amended to authorize the selectmen to allow representation by an attorney with less experience if he was directly supervised by town counsel who was fully qualified

Commonwealth v. Pope

397 Mass. 275 · Massachusetts Supreme Judicial Court · Apr 11, 1986

On appeal, the defendant argues that the note was neither contrary to Mathewson’s penal interest *279 at the time it was written, nor sufficiently corroborated to qualify under the penal interest exception. … He was granted immunity from prosecution in exchange for his testimony. 4 The handwriting on the note was authenticated by Mathewson’s mother.

Holden v. Barry

District Court, D. Massachusetts · Nov 19, 2020

To do so, they must show that it was objectively reasonable for the officers to believe that their action did not violate a clearly established constitutional right. See Starlight Sugar, Inc. v. … As discussed □ above, it is clearly established that the Constitution prohibits a warrantless arrest without probable cause.

Lazlo L. v. Commonwealth

482 Mass. 325 · Massachusetts Supreme Judicial Court · May 16, 2019

Although the Legislature clearly established the effective date of § 72, see St. 2018, c. 69, § 232, it did not clearly establish whether the definition of "delinquent child," once it became effective, would apply retroactively … Miles, therefore, would not qualify as a "delinquent child" under the amended definition provided for in § 72.

Massachusetts v. First National Supermarkets, Inc.

112 F.R.D. 149 · District Court, D. Massachusetts · Sep 15, 1986

If this is the case, there is absolutely no reason to require an identification or specification of these documents; they are clearly privileged and no amount of specification can alter that conclusion. … Taylor ... which gives an attorney’s work-product a qualified immunity from discovery.”. Besley-Welles, supra, 43 F.R.D. at 371 . Lastly, in the case of Board of Education of Evanston TP v.

Legasey v. City of Worcester

District Court, D. Massachusetts · Aug 31, 2018

Qualified immunity shields government employees conducting discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … For qualified immunity to apply, the court must find that “the facts alleged or shown by the plaintiff make out a violation of a constitutional right, and…the right at issue was clearly established at the time of the defendant

Commonwealth v. D'Avella

339 Mass. 642 · Massachusetts Supreme Judicial Court · Nov 3, 1959

The Commonwealth concedes that the tests were properly made by a qualified expert. … The results of such tests shall be admissible in evidence only in cases where definite exclusion of the defendant as such father has been established.”

McNamee v. Jenkins

8 Mass. L. Rptr. 433 · Massachusetts Superior Court · Apr 29, 1998

As public officials or persons with a common interest, defendants enjoy a conditional or qualified privilege that “immunizes [them] from liability unless [they] acted with actual malice ... or unless there is unnecessary, … Because defendants have met their burden of establishing a qualified privilege and because the plaintiff has not met his burden of proving that defendants abused their privilege, summary judgment for Jenkins and Chinal as

Boston Executive Helicopters, LLC v. Maguire

196 F. Supp. 3d 134 · District Court, D. Massachusetts · Jul 6, 2016

The defendants claim immunity from antitrust liability under the doctrine established in Parker v. … Phoebe Putney. 2 Consequently, the court will dismiss BEH’s antitrust claims on grounds of state action immunity.

D'Ambrosio v. Methuen, City of

District Court, D. Massachusetts · Mar 31, 2019

To avoid summary judgment based on a qualified immunity defense, D’Ambrosio must show that: (a) defendants violated his constitutional rights; and (b) “these rights were so clearly established that a reasonable officer … Was the Fourth Amendment Right Clearly Established?

Cordero v. Pack

District Court, D. Massachusetts · Mar 19, 2019

Finally, the court finds neither Haecker nor Wynn is entitled to qualified immunity on these claims.2 “A government official sued under § 1983 is entitled to qualified immunity unless the official violated a statutory or … An official is protected by qualified immunity if the plaintiff (1) established a violation of a constitutional right and (2) at the time of the alleged violation the law regarding that violation was clearly established

Britton v. Nealon

12 Mass. L. Rptr. 304 · Massachusetts Superior Court · Sep 15, 2000

“If the moving party establishes the absence of a trial 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 motion … Massachusetts law recognizes that this qualified privilege allows those who fairly and accurately report certain types of official or governmental *306 action to be immune from liability for claims arising out of such reports

Montrond v. Spencer

District Court, D. Massachusetts · Oct 29, 2021

Qualified Immunity “The Supreme Court has long established that, when sued in their individual capacities, government officials are immune from damages claims unless ‘(1) … they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time.’”

Department of Revenue v. Sorrentino

408 Mass. 340 · Massachusetts Supreme Judicial Court · Aug 15, 1990

That evidence was sufficient to establish clearly and convincingly, consistent with the plaintiffs burden of proof, that the defendant was the child’s father. … evidence is sought to be introduced are qualified properly.”