Case law

Coggins v. Krims

14 Mass. L. Rptr. 205 · Massachusetts Superior Court · Oct 18, 2001

The Supreme Judicial Court has clearly stated that a physician is not always an independent contractor even though the profession is distinct and requires a high level of skill and training, and the physician must use independent … I therefore rule that the undisputed facts establish that the defendant physicians were under the direction and control of UMMC and are immune from individual liability under the Act. Florio v.

McCarthy v. Slade Associates, Inc.

463 Mass. 181 · Massachusetts Supreme Judicial Court · Aug 10, 2012

While these would qualify as opinion work product, see, e.g., Sprague v. … to produce anything — a result the judge clearly did not intend.

Chadwick v. Board of Registration in Dentistry

461 Mass. 77 · Massachusetts Supreme Judicial Court · Dec 8, 2011

, as well as confidential medical records to document those immunizations. 8 The board also noted that in Matter of Abrahamson, Board of Registration in Dentistry Nos. … board’s application of the OSHA standards regarding the handling and disposal of sharps and medical waste required the threshold determination that unbroken glass carpules and cotton balls and gauze “dotted with blood” qualified

Jackson v. Harvard University

111 F.R.D. 472 · District Court, D. Massachusetts · Aug 12, 1986

Proof of a general pattern of sex discrimination tends to establish that it is more likely than not that an educator’s decision to deny tenure was based on sex. … As stated above, tenure decisions involve matters clearly distinct from non-faculty employment decisions.

Harper v. Massachusetts State Police

District Court, D. Massachusetts · May 23, 2019

Qualified Immunity Defendant contends that he is entitled to qualified immunity, which protects government officials from trial and … If the facts do not show a constitutional violation or that the right in question was not clearly established, the officer is immune. Marrero-Mendez v.

Radler v. Turco

District Court, D. Massachusetts · Jun 8, 2020

Qualified Immunity Defendants argue that they are entitled to qualified immunity on Plaintiff’s surviving claims. … ’s claims on qualified immunity grounds at this juncture.

Massachusetts Mutual Life Insurance Co. v. DLJ Mortgage Capital, Inc.

251 F. Supp. 3d 329 · District Court, D. Massachusetts · May 2, 2017

As the admissibility of settlement agreements is clearly a procedural issue—and MassMu-tual has not argued otherwise—Zueco’s discussion of a state common law rule is immaterial. See, e.g., Carota v. … In other words, as the parties have acknowledged, the underlying evidence is not “immunized” simply because it was presented or utilized in the DOJ settlement process.

Weiler v. PortfolioScope, Inc.

469 Mass. 75 · Massachusetts Supreme Judicial Court · Jul 11, 2014

"We accept the judge's findings of fact in a bench trial unless they are clearly erroneous," Makrigiannis v. … qualify and is not entitled to the actual malice standard, or 22 Contrast Weber v.

Libby v. Marshall

653 F. Supp. 359 · District Court, D. Massachusetts · Nov 26, 1986

The focus of the Court in Griffin was clearly on determining what acts were necessary for plaintiffs’ constitutional rights to be fulfilled. … Bristol County claimed that it possessed the Commonwealth’s immunity.

Wetherbee v. Norris

103 Mass. 565 · Massachusetts Supreme Judicial Court · Jan 15, 1870

In this state, no practice is established as a rule of law, but it is within ttie discretion of the presiding judge to require the preliminary ques *567 tian above stated to be asked of each witness if he shall deem that … The case at bar is clearly distinguishable from the case of Bates v. Barber, 4 Cush. 107 .

Gibbs v. SLM Corp.

336 F. Supp. 2d 1 · District Court, D. Massachusetts · Sep 9, 2004

Laws ch. 93, § 54A(a) renders the absolute immunity provision inapplicable here. … Student loans under the Higher Education Act qualify as debts under the statute. See id. at 50 n. 1, 51.

Rice v. M/A-Com, Inc.

1 Mass. L. Rptr. 190 · Massachusetts Superior Court · Oct 7, 1993

Rice would not be a “qualified handicap person” requiring reasonable accommodation. … reimbursement for expenses of people assisting in investigations and immunity for witnesses testifying in grand jury investigations.

King v. Shank

92 Mass. App. Ct. 837 · Massachusetts Appeals Court · Mar 2, 2018

The object of election laws is to secure the rights of duly qualified voters, and not to defeat them.' … First, the act provides the elected official with a four-month period of immunity from recall to allow the official to become established in the position. St. 1995, c. 27, § 1.

Connor B. Ex Rel. Vigurs v. Patrick

771 F. Supp. 2d 142 · District Court, D. Massachusetts · Jan 4, 2011

Comply with recommendations of qualified professionals to improve essential services for the Plaintiff class; 4. Increase monitoring by caseworkers of the Plaintiff class; 5. … Sovereign Immunity. Defendant Deval Patrick, as Governor of Massachusetts, argues that the doctrine of sovereign immunity precludes all claims against him.

Cosenza v. City of Worcester

District Court, D. Massachusetts · Nov 4, 2021

Because it was not clearly established at the time of the alleged violation that the identification procedure was unconstitutional, the individual officers are entitled to qualified immunity. … Qualified Immunity “[G]overnment officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established

Wright's Case

Massachusetts Supreme Judicial Court · Oct 27, 2020

The act then "establishes a medical marijuana registration or licensing regime . . . that covers nonprofit medical marijuana treatment centers, medical marijuana center dispensary agents, and qualifying patients and personal … In another statement issued later the same year, Lelling reiterated that he would not "effectively immunize" Massachusetts residents from Federal marijuana law enforcement.

Mahon v. United States

795 F. Supp. 2d 149 · District Court, D. Massachusetts · Jul 7, 2011

The United States, however, bears the burden of establishing the applicability of the discretionary function exception. See Smith v. United States, 943 F.Supp. 159, 168 (D.R.I. 1996); see also Faber v. … The Management Policies dealing with special park uses, however, clearly contemplate such uses being authorized by permits issued directly by the Service to individuals. See Management Policies § 8.6.1.1.

Commonwealth v. Brown

83 Mass. App. Ct. 772 · Massachusetts Appeals Court · Jun 20, 2013

Ibid, (results of an HGN field sobriety test are not admissible without testimony from a qualified expert). … Ct. 901, 904 (2008) (“The State action requirement of art. 12 is well established. It is governmental, not private, compulsion that is prohibited”).

Martin v. Town of Wilmington

13 Mass. L. Rptr. 371 · Massachusetts Superior Court · May 23, 2001

Given that the plaintiffs claim is clearly barred by §10(j) of the Tort Claims Act, this Court need not consider whether, as asserted by the plaintiff, a claim would be viable despite the discretionary function provision … Further, to the extent that the plaintiffs brief asserts a “state created danger,” allegations that the defendants failed to remove John’s assailants from the School fall short of the type of affirmative act necessary to establish

Stone v. Worcester County Sherriffs Office

District Court, D. Massachusetts · Dec 17, 2020

Katz’s qualified immunity arguments. See Saucier v. … Qualified immunity attaches to discretionary conduct of government officials that “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”