Case law

Hollup v. Worcester Retirement Board

Massachusetts Appeals Court · Aug 25, 2023

The DALA magistrate concluded that Hollup had met his burden of proving that he qualified for accidental disability retirement benefits as a result of the September 14, 2004, head injury. … The factual findings made by a DALA administrative magistrate are not immune from review and even reversal by CRAB.

Santos

461 Mass. 565 · Massachusetts Supreme Judicial Court · Feb 22, 2012

Although the judge clearly did not so intend, the instruction *574 could have led the jury to believe that by legislative directive, more weight ought to be given to the conclusions of the Commonwealth’s witnesses than to … General Laws c. 123A, § 6A, as appearing in St. 1993, c. 489, § 4, established a five-member community access board (CAB), affiliated with the Department of Correction, which “conduces] annual reviews of and prepare[s] reports

Seder v. Kozlowski

311 Mass. 30 · Massachusetts Supreme Judicial Court · Feb 25, 1942

The decree dismissing the appeal from the final decree after rescript, therefore, stands, and such final decree is immune from attack since there is no effective appeal therefrom. … It merely established facts preparatory to the entry of a final decree.

Kling v. Fidelity Management Trust Co.

270 F. Supp. 2d 121 · District Court, D. Massachusetts · Jun 3, 2003

Kling participated in the Harnischfeger Industries Employees’ Savings Plan (the Plan), which the company established as a qualified plan under ERISA. … Such a result clearly would contravene ERISA’s imposition of a fiduciary duty that has been characterized as “the highest known to law.” Kuper, 66 F.3d at 1453 (citation omitted). Physicians HealthChoice, Inc. v.

Commonwealth v. DiBenedetto

458 Mass. 657 · Massachusetts Supreme Judicial Court · Jan 11, 2011

Then, within a few months of the 1994 trial, Storella entered into a different immunity agreement with the prosecutor, one that gave him immunity from prosecution for any crimes connected with the shootings, including murder … As previously stated, see note 11, supra, the Commonwealth also may raise the issue whether the new DNA evidence qualifies as newly discovered.

Perez v. Boston Housing Authority

368 Mass. 333 · Massachusetts Supreme Judicial Court · Jul 10, 1975

The result we have reached is clearly required by the law. … The weakness of this argument lies in the fact that the position of the tenants clearly must rely in part on the provisions of c. 121B in so far as that statute establishes powers and responsibilities of the Commonwealth.

Doe v. D'AGOSTINO

367 F. Supp. 2d 157 · District Court, D. Massachusetts · Apr 25, 2005

have established a genuine issue of material fact that D’Agostino’s alleged harassment constituted an invasion of Minor Plaintiffs bodily .integrity. … In her opposition to Plaintiffs' motion for summary judgment, D'Agostino argued that she was entitled to qualified immunity.

Chelte v. Apfel

76 F. Supp. 2d 104 · District Court, D. Massachusetts · Nov 24, 1999

P, App. 1, listing 14.08 in any one of three ways, all of which qualify her as disabled. … A final determination of plaintiffs mental impairment claim is not necessary because plaintiff is clearly disabled by her HIV symptoms alone. V.

Cornwall v. Forger

27 Mass. App. Ct. 336 · Massachusetts Appeals Court · May 22, 1989

Perhaps it would be salutary if, after a certain time, a chain of title based on a recorded deed were immune to collateral attack. … Revision of established law concerning periods of limitation is, however, a task properly within the province of the Legislature. 6 The Land Court judge rightly decided that the plaintiffs had not established an ownership

In re Chapman

482 Mass. 293 · Massachusetts Supreme Judicial Court · May 16, 2019

The civil commitment procedures established by statute in Massachusetts differ greatly depending on whether an individual is alleged to be dangerous by reason of mental illness under G. … If this report "clearly indicate[d]" that the prisoner was a sexually dangerous person, the Commonwealth would petition for commitment, and the court would hold a hearing to determine whether the individual was in fact sexually

Lund v. Henderson

22 F. Supp. 3d 94 · District Court, D. Massachusetts · May 27, 2014

Similarly, genuine issues of material fact foreclose the entry of summary judgment on qualified immunity grounds. Moses v. … Mele, 711 F.3d 213, 216 (1st Cir.2013) ("Of course, if the success or failure of the qualified immunity defense turns on a question of fact that is unresolvable on the summary judgment record, summary judgment is improper

Evariste v. Boston Police Department

District Court, D. Massachusetts · Mar 23, 2020

The doctrine of qualified immunity protects public employees “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Here, the officers’ search of plaintiff’s underwear did not violate clearly established law.

Standard Sanitary Manufacturing Co. v. Hartfield Realty Co.

284 Mass. 540 · Massachusetts Supreme Judicial Court · Dec 7, 1933

Such a recital would clearly have limited the second proviso to the status of a mere repetition of the *546 first proviso. … It cannot be assumed that the parties then perceived no conflict, because they considered that the second proviso merely qualified the first proviso.

United States v. Katin

109 F.R.D. 406 · District Court, D. Massachusetts · Feb 14, 1986

The forced production of such papers by the defendant would establish their existence and location, and thus clearly constitute a compelled testimonial act. … The government does not appear to have offered the defendant a grant of immunity, pursuant to 18 U.S.C. § 6002 , covering the implied authentication inherent in compelled compliance with a subpoena.

Hayes v. Town of Dalton

District Court, D. Massachusetts · Feb 17, 2022

was "clearly established at the time."'" … "Courts may analyze either part of the [qualified immunity] test first." Castagna, 955 F.3d at 219. The plaintiff bears the "'heavy'" burden of demonstrating the clearly established inquiry. Lachance v.

In re Keenan

287 Mass. 577 · Massachusetts Supreme Judicial Court · Sep 12, 1934

Section 65 is a statute which the courts would naturally adopt by analogy in that class of cases even if less clearly applicable as matter of interpretation. Strout v. United Shoe Machinery Co. 215 Mass. 116, 119 . … The procedure has been according to established practice. Painstaking consideration has been given to all his arguments.

Gray v. Harper

10 F. Cas. 1010 · U.S. Circuit Court for the District of Massachusetts · Oct 15, 1841

Sparks ought to be included in the “cost” or not; and there is no evidence to establish in direct terms, how the disputed item was settled between them. … The plaintiffs say, that “cost” includes all the items of cost, there being no qualifying words to limit the meaning.

Miller v. Commissioner of Correction

36 Mass. App. Ct. 114 · Massachusetts Appeals Court · Feb 28, 1994

A claim meets the test unless “it is obviously without merit or ... its unsoundness so clearly results from the previous decisions of [the Supreme Court] as to foreclose the subject and leave no room for the inference that … Prisoners have a “liberty interest” in “uncensored communication by letter . . . even though qualified of necessity by the circumstances of imprisonment.” Champagne v.

Commonwealth v. Dube

59 Mass. App. Ct. 476 · Massachusetts Appeals Court · Oct 3, 2003

Ct. 234 (1973) (as an intermediate appellate court, Appeals Court does not alter established rules of law); Gerber v. Worcester, 1 Mass. App. … But while the case is pending here, candor toward this tribunal requires frank recognition of clearly settled limitations on judicial power, not advocacy of unprincipled and essentially lawless results.

Megadance USA Corp. v. Knipp

623 F. Supp. 2d 146 · District Court, D. Massachusetts · Jun 8, 2009

Injunction, and to file (if they wished to do so) a motion to dismiss over the signature of an attorney qualified to appear in this court. … Moreover, the Supreme Court has clearly established that in franchisor/franchisee situations like the one before this court, the franchisee has deliberately affiliated with the forum state (the franchisor’s home state) such