Case law

Wright v. Shriners Hospital for Crippled Children

412 Mass. 469 · Massachusetts Supreme Judicial Court · Apr 16, 1992

for reimbursement of expenses for persons assisting in investigations and immunity for witnesses testifying in grand jury investigations. … Also, we are unaware of any statute that clearly expresses a legislative policy to encourage nurses to make the type of internal report involved in this case.

Ossinger v. City of Newton

26 Mass. App. Ct. 831 · Massachusetts Appeals Court · Jan 30, 1989

We need not stop to consider whether the mayor, in respect to his acts as such, might claim an immunity from liability, if a claim against him were otherwise supported. 6 *836 3. … Davis, 424 U.S. 693, 701-710 (1976). 6 For immunity to attach the official’s action must not have violated “clearly established statutory or constitutional rights of which a reasonable person would have known.”

Saltonstall v. New York Central Railroad

237 Mass. 391 · Massachusetts Supreme Judicial Court · Feb 28, 1921

The Legislature cannot legalize what otherwise would be a nuisance of such nature as to amount to a taking of private property for a public use, and at the same time confer immunity from liability upon the one establishing … It accordingly is well established that “the incidental injury which results to the owner of property situated near a railroad, caused by the necessary noise, vibration, dust and smoke from passing trains, which wquld clearly

Choy v. Brockton

District Court, D. Massachusetts · May 24, 2023

“The First Circuit has adopted a two-part test to assess qualified immunity.” Cosenza v. City of Worcester, 355 F. Supp. 3d 81, 94 (D. Mass. 2019). … Sidestepping the first prong of the qualified immunity test, Drugan and Warmington seek dismissal on the ground that the “constitutional right to be free from malicious prosecution was not clearly established until” nearly

Fleming v. Lowell Sun Co.

36 F. Supp. 320 · District Court, D. Massachusetts · Nov 22, 1940

The relevancy of the records called for by the subpoena is clearly apparent in that the records asked for contained information as to the wages paid to employees and the hours worked by them; they are sufficiently and clearly … It is not immune from regulation of incidents of the newspaper business that do not restrict its freedom to publish.

Corbin v. Brown

31 Mass. 306 · Massachusetts Supreme Judicial Court · Oct 15, 1833

In this view of the case the inquiry that wras made towards the close of the cause, and after the charge had commenced, *312 was wholly immaterial; for if the defendants failed to establish by proof the right set forth as … A new trial would clearly be of no utility to the defendants as the facts and the pleadings now stand.

Munsinger v. Berkshire Medical Center

9 Mass. L. Rptr. 486 · Massachusetts Superior Court · Oct 9, 1998

In my view, although no cause of action had accrued on the day of surgeiy (as no consequence of the use of nonsterile instruments was apparent), BMC staff members and the surgical team clearly were concerned for the consequences … Thus, there is no need to strike the charitable immunity. Furthermore, the missing evidence goes to the issue of negligence, i.e. whether nonsterile instruments were used.

United States v. Cincotti

678 F. Supp. 346 · District Court, D. Massachusetts · Jul 31, 1987

defendants’ interest in confrontation of witnesses and in challenging inferences to be drawn from evidence, the court gave an instruction to the jury as follows: Members of the jury, the defendants in this case have sought to establish … Defense counsel argue, first, that bad faith assertion of the qualified immunity should be treated as a per se violation of defendants’ rights justifying a new trial without regard to whether any harm may have resulted.

Brown v. United States

514 F. Supp. 2d 146 · District Court, D. Massachusetts · Sep 26, 2007

Whether Brown’s argument has any secondary force depends on whether a utility pole qualifies as an “improvement” under the Statute of Repose. … The waiver of sovereign immunity is construed strictly in favor of the United States. Skwira v. United States, 344 F.3d 64, 71 (1st Cir.2003).

Bunevith v. CVS Pharmacy

925 F. Supp. 89 · District Court, D. Massachusetts · May 16, 1996

To establish a prima fade case of discriminatory discharge in violation of the ADA, Bunevith must allege that he: 1) suffered from a disability, 2) was otherwise qualified to perform the essential functions of his employment … Bunevith’s qualification to perform the essential functions of his employment To establish the second element in his prima facie ease, Bunevith must allege that he was qualified to perform the essential functions of his employment

Nextel Communications of the Mid-Atlantic, Inc. v. Town of Hanson

311 F. Supp. 2d 142 · District Court, D. Massachusetts · Mar 26, 2004

The same interest that establishes the De-Francescos’ interest for Rule 24(a) purposes also establishes their standing for constitutional purposes. … Rotger-Sabat, 317 F.3d 45 , 61 & n. 5 (1st Cir.2003), because in this case, they clearly have established their standing. 7 .

Arthur D. Little, Inc. v. Commissioner of Health & Hospitals

395 Mass. 535 · Massachusetts Supreme Judicial Court · Aug 1, 1985

The facts as established by the materials submitted for the purposes of the summary judgment motions are as follows. … “[L]aws enacted after the execution of an agreement are not commonly considered to become part of the agreement unless its provisions clearly establish that the parties intended to incorporate subsequent enactments into their

DiSessa v. Ryan

District Court, D. Massachusetts · Mar 10, 2020

Qualified Immunity Defendants also assert a defense of qualified immunity. … Similarly, Deveneau is not entitled to qualified immunity because the duty to intervene to prevent unnecessary and wanton excessive force by another officer is clearly established. Torres- Rivera v.

Leibovich v. Antonellis

410 Mass. 568 · Massachusetts Supreme Judicial Court · Jul 3, 1991

However, the fact that the officer’s qualifications had previously been laid out, and the judge’s allowance of his testimony, clearly imply a prior determination by the judge that the witness was qualified, *572 through his … L. c. 231, § 85X, was clearly a response to this court’s decision in Norman v. Massachusetts Bay Transp.

Ford v. Town of Grafton

44 Mass. App. Ct. 715 · Massachusetts Appeals Court · May 8, 1998

L. c. 258, § 10(h), (/), provides immunity to the town. … Moreover, even if the evidence established such a custom or policy, it would not necessarily establish the town’s intent to discriminate against women and/or victims of domestic violence.

Mohawk Industries, Inc. v. United States (In Re Mohawk Industries, Inc.)

55 B.R. 284 · United States Bankruptcy Court, D. Massachusetts · Nov 26, 1985

The Court agrees with the IRS to the extent that “[i]t is a well established principal of law that the United States is immune from suit except in those instances where it has specifically waived its sovereign immunity.” … Under either the Enochs exception or the traditional standards for invoking equitable jurisdiction, Mohawk must establish a likelihood of success on the merits. This it has failed to do.

Federal Deposit Insurance v. Gladstone

44 F. Supp. 2d 81 · District Court, D. Massachusetts · Mar 11, 1999

It acknowledges that there are no Massachusetts cases directly on point, but it reasons that the Supreme Judicial Court (“SJC”) would establish the same rules for litigation brought by the FDIC as those established by the … Nor are the policy concerns the FDIC relies on so clearly one-sided.

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

7 Mass. L. Rptr. 473 · Massachusetts Superior Court · Sep 30, 1997

Theatre Corp., it is clearly more egregious than a client failing to keep counsel apprised of his travel schedule. … immunity affirmative defense for a violation of a discovery order.

Hallett v. Town of Wrentham

398 Mass. 550 · Massachusetts Supreme Judicial Court · Nov 13, 1986

“The article is clearly directed toward the preservation of procedural rights and has been so construed.” Pinnick v. Cleary, 360 Mass. 1, 11-12 (1971). … Commonwealth, 363 Mass. 612 (1973), this court stated that the doctrine of sovereign immunity is “logically indefensible.” Id. at 618-619 .

Massachusetts Highway Department v. Perini Corp.

79 Mass. App. Ct. 430 · Massachusetts Appeals Court · May 9, 2011

On the contrary, *438 the record clearly establishes that the parties raised with the DRB the issue regarding the significance of the interim funding for purposes of preaward and postaward interest, and we read the DRB’s … Sovereign immunity. CA/T also raised before the motion judge the defense of sovereign immunity, arguing that it did not consent to pay postaward interest as part of an arbitration award.