Case law

Commonwealth v. McHugh

326 Mass. 249 · Massachusetts Supreme Judicial Court · Jul 7, 1950

We do not think that such purpose is “clearly manifested” in this instance. We have seen no case holding that Federal legislation has, in general, displaced State anti-trust laws. In Puerto Rico v. Shell Co. (P. … In our opinion the defendants are not immunized against the State anti-monopoly law by any provision of the fisheries cooperative marketing act, U. S. C. (1946 ed.) Title 15, §§ 521, 522.

Securities & Exchange Commission v. Pinez

52 F. Supp. 2d 205 · District Court, D. Massachusetts · May 25, 1999

. § 401” in the context of abrogation of sovereign immunity); but see, e.g., MCI Telecommunications Corp. v. World Telecommunications, 1998 WL 85757 (S.D.N.Y.), at *1. … United States, 289 U.S. 1, 10 , 53 S.Ct. 465 , 77 L.Ed. 993 (1933), as an example of where the element of obstruction was “clearly shown.” Id.

Robert M. Joost v. Board of Bar Examiners

Massachusetts Supreme Judicial Court · Nov 19, 2024

"This court has the authority to establish the rules and standards by which individuals become licensed to practice law in Massachusetts." Matter of Swanson, 483 Mass. 1022 , 1023 (2019). … And as this court has explained: "[T]here is clearly a direct rational connection between the requirement of graduation from an accredited law school and an applicant's fitness to practice law.

Chmielinski v. Massachusetts Office of the Commissioner of Probation

484 F. Supp. 2d 201 · District Court, D. Massachusetts · Mar 22, 2007

Chmielinski objects to the Magistrate Judge’s analysis and contends that the Eleventh Amendment does not immunize governmental entities from equitable relief. His argument is unavailing. … The plaintiffs excerpt stops short of the operative language in that case which clearly states that such injunc-tive relief is “pursuant to Ex parte Young”. Id. at 12.

H. P. Hood & Sons v. Commonwealth

235 Mass. 572 · Massachusetts Supreme Judicial Court · May 19, 1920

They are as clearly domestic transactions as are sales by grocers or by any other retail dealers from local stocks of goods. … If such transportation in interstate commerce affords immunity from taxation in whole or in part to the plaintiff, there appears to be no sound principle which would prevent the same immunity from attaching to every domestic

Ashley v. Three Justices of the Superior Court

228 Mass. 63 · Massachusetts Supreme Judicial Court · Jul 30, 1917

That petition alleges that the petitioners therein named are “inhabitants, taxpayers, and qualified voters in the city of New Bedford.” … The matters set out in the special plea of the petitioner in the election petition are clearly within the jurisdiction of that court.

Scione v. Commonwealth Commonwealth v. Barnes

481 Mass. 225 · Massachusetts Supreme Judicial Court · Jan 15, 2019

We conclude that § 23A does not qualify as a predicate offense under § 58A in its current form, 1 and that, depending upon the circumstances, § 102A may (and, in this case, does) so qualify. 1. … The drafters clearly knew how to list specific crimes to be considered as predicate offenses under § 58A, because they did so. See G. L. c. 276, § 58A (1).

Lowd v. California Fund Management Co.

235 F. Supp. 486 · District Court, D. Massachusetts · Nov 12, 1964

Defendant argues that service on a foreign corporation under the provisions of ch. 181, sec. 3A, can properly be made only upon corporations required to qualify under ch. 181, sec. 3. … Company dealt with service of pi'ocess under G.L. ch. 223, sec. 38, and Remington in its brief clearly conceded that it could have been, but was not, served with process under the provisions of Ch. 223, sec. 38.

City of Everett v. City of Revere

344 Mass. 585 · Massachusetts Supreme Judicial Court · Jun 25, 1962

As the defendant argues, the “whole purpose ... of the mutual aid plan [established under § 59A] is to create an enduring obligation with the respective benefits and burdens clearly established and *589 agreed upon between … federal jurisdiction in this commonwealth or in any adjoining state in extinguishing fires therein, and while in the performance of their duties in extending such aid the members of such departments shall have the same immunities

Massachusetts Public Interest Research Group v. Secretary of Commonwealth

375 Mass. 85 · Massachusetts Supreme Judicial Court · Apr 20, 1978

The Instant Case On August 3, 1977, ten qualified voters submitted to the Attorney General a popular initiative petition calling for the enactment of a general law to establish a public corporation, The Telephone Consumers … The county-distribution rule clearly satisfies this standard.

Oxford Business Brokers, Inc. v. Moriarty

2008 Mass. App. Div. 224 · Massachusetts District Court, Appellate Division · Sep 25, 2008

As to the possibility of the former, her testimony fell short of clearly establishing that her own assets afforded her a sufficient income-to-debt ratio to qualify for personal financing for the, full $180,000.00 balance … The question of what Browne received from Oxford was clearly relevant, and should have been allowed.

City of Quincy v. Attorney General

160 Mass. 431 · Massachusetts Supreme Judicial Court · Jan 11, 1894

Grammatically, we construe “ with six per cent ” as qualifying “ kept,” and substantially as qualifying the application ordered, which may be expressed by adding to “ kept ” the implied words “ and applied.” … detail which interferes with it unless clearly he makes exact, compliance essential.

D.H.L. Associates, Inc. v. O'Gorman

6 F. Supp. 2d 70 · District Court, D. Massachusetts · May 7, 1998

Eriksen’s opposition' to adult entertainment establishments bears upon the issue to be decided. … proof of any non-legislative act under color of law with a state-of-mind that would defeat qualified immunity- IV.

United States v. DiRoma

252 F. Supp. 886 · District Court, D. Massachusetts · Jan 19, 1966

Issue of Immunity More generally on the question of immunity, the statute involved, 15 U.S.C. § 77v(c), unambiguously states that no individual shall be prosecuted for any transaction concerning which he is compelled to testify … The statute clearly establishes as essential prerequisites to gaining immunity: 1) that the defendant actually claim his privilege against self-incrimination, and then 2) that he be compelled to make statements or give evidence

Kelen v. Massachusetts Turnpike Authority

22 Mass. L. Rptr. 456 · Massachusetts Superior Court · May 3, 2007

Kelen and Pachus must meet the test established in Soto-Lopez to demonstrate that their claim is within the relevant zone of interest to be protected. Id. … The privileges and immunities clause “ ‘establishes a norm of comity,’ . . . that is to prevail among the states with respect to their treatment of each other’s residents.” Hicklin v.

In Re the Application of Kingsley

614 F. Supp. 219 · District Court, D. Massachusetts · Jul 12, 1985

.-, 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985) (qualified immunity available where law not clearly established at time of violation). … that the harm to him of denying the injunction outweighs the harm to the opposing party of granting the injunction; 3) movant must prove he is likely to prevail at trial; and 4) movant must establish that the public interest

Public Employee Retirement Administration Commission v. Bettencourt

474 Mass. 60 · Massachusetts Supreme Judicial Court · Apr 6, 2016

L. c. 32, §§ 1 through 28,] inclusive, and of corresponding provisions of earlier laws shall be deemed to establish and to have established membership in the retirement system as a contractual relationship … We hold today, however, that under the pension forfeiture scheme established by G.

Riverdale Mills Corp. v. American Modern Home Insurance

122 F. Supp. 2d 114 · District Court, D. Massachusetts · Nov 29, 2000

It also referenced April 16, 1996 as the date of loss but clearly related to the April 5 flood because it referred to “underground structures” which were not involved in the April 16 flood. … The response of NFS, although again referencing April 16, 1996 as the date of loss, clearly related to the claim arising out of the April 5 flood.

Commonwealth v. Thomas

439 Mass. 362 · Massachusetts Supreme Judicial Court · May 13, 2003

“The impeachment was complete on reading the records and establishing that the witness was the subject of them. . . . … Uncorroborated testimony of immunized witness.

Courtemanche v. Motorola Solutions, Inc.

District Court, D. Massachusetts · May 12, 2025

MSP relies on cases involving qualified immunity, not sovereign immunity, to argue that it should be shielded from discovery. … Regarding immunity under the doctrine of qualified immunity, courts have recognized, “[w]hile ‘there is a strong public interest in protecting public officials from the costs associated with the defense of damages actions