Case law

1148 Davol Street LLC v. Mechanic's Mill One LLC

86 Mass. App. Ct. 748 · Massachusetts Appeals Court · Dec 12, 2014

The parties agree that the nature and length of the plaintiff's use of the land generally was sufficient to establish title by adverse possession. … To allow a private corporation the ability to take advantage of a law clearly designed to benefit the State would be inapposite to the purpose of that law."

Partelow v. Massachusetts

442 F. Supp. 2d 41 · District Court, D. Massachusetts · Jun 23, 2006

While the record clearly indicates that Plaintiff exercised his constitutional right to file grievances under established prison procedures, see Shabazz v. Cole, 69 F.Supp.2d 177, 197 (D.Mass.1999) (citing Colon v. … Defendants alternatively argue that Plaintiff's RA and ADA claims are barred by Eleventh Amendment immunity. Having concluded that Defendants did not violate Title II, the court need not reach this argument. 12 .

Commonwealth v. Abdelnour

11 Mass. App. Ct. 531 · Massachusetts Appeals Court · Mar 5, 1981

been obtained and later executed upon the defendant’s property, that gaming apparatus had been discovered therein, that subsequent investigation led to indictments against thirteen persons, and that the defendant had been immunized … No assertion has been made that the State police fabricated the informant’s existence, and the defendant appears to concede that the informant’s past experience as reported in the affidavit (note 1, supra) qualified him as

Attorney General v. Loomis

225 Mass. 372 · Massachusetts Supreme Judicial Court · Dec 27, 1916

That statute established the term of office for the city clerk in all cities which accepted its provisions. … Clearly this section establishes no term for any office except that it incorporates by necessary implication the term of office of city clerk as fixed by St. 1901, c. 332, now R.

Daley v. State Tax Commission

376 Mass. 861 · Massachusetts Supreme Judicial Court · Dec 18, 1978

The Federal Code in the 1971 text, with effect for 1972, as a general rule taxed distributions from qualified employee benefit plans as ordinary income. § 402(a)(1). … Quite clearly, as the taxpayers concede, the General Court could have drawn a line in the statute between increments on the contributions and the contributions themselves, with different rates applied to the portions of the

Rayberg v. City of Waltham

5 Mass. L. Rptr. 183 · Massachusetts Superior Court · Apr 3, 1996

“If the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts which would establish the existence of a genuine issue of material fact in order to defeat … Immunity Pursuant to G.L.c. 258, §10(b), (f), and (j) 1.

Gonzalez v. Lexington Police Department

District Court, D. Massachusetts · Nov 1, 2024

established rights, privileges or immunities guaranteed by the federal Constitution or laws of the United States.” … As the Supreme Court has noted: An official sued under § 1983 is entitled to qualified immunity unless it is shown that the official violated a statutory or constitutional right that was “clearly established

Commonwealth v. United Books, Inc.

389 Mass. 888 · Massachusetts Supreme Judicial Court · Aug 15, 1983

L. c. 272, § 31, expressly applies the Statewide standard only to questions of priirience, the Legislature clearly intended that the Commonwealth standard should apply also to questions of patent offensiveness.” … L. c. 272, § 29. *893 We believe that our prior decisions establish that the definition of obscenity in G.

Jacob's Pillow Dance Festival, Inc. v. Assessors of Becket

320 Mass. 311 · Massachusetts Supreme Judicial Court · Oct 30, 1946

The board found these facts: The appellant was incorporated under the laws of this Commonwealth “to establish, conduct and maintain a school at which those showing talent in dancing may obtain a complete and well-rounded … It must meet these requirements in order to qualify for exemption, under G. L. (Ter. Ed.) c. 59, § 5, Third. Boston Symphony Orchestra, Inc. v. Assessors of Boston, 294 Mass. 248, 254-255 . Assessors of Boston.v.

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.

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.

Earnest v. Airport Motors, Inc.

1999 Mass. App. Div. 44 · Massachusetts District Court, Appellate Division · Feb 8, 1999

The qualifying language used by the judge does not take the case out of the general rule. … If appellant contends some other more restrictive sense was intended, he has failed to establish it. For all of the above reasons the appeal is dismissed.

Estate of Janowicz v. Massachusetts State Lottery Commission

2 Mass. L. Rptr. 607 · Massachusetts Superior Court · Oct 12, 1994

The Commission contends that, as a governmental entity, it is immune from suit under G.L.c. 93A. … The Massachusetts Tort Claims Act, G.L.c. 258, specifically immunizes public employers from intentional tort claims.

Maroney v. Fiorentini

District Court, D. Massachusetts · May 18, 2023

In any event, the court’s finding “no impropriety” and, thus, no due process violation, concerning conduct analogous to the case at bar serves as clearly established law to warrant qualified immunity for the Mayor, as … The qualified immunity doctrine “shields officers from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable

O'HARA v. Menino

312 F. Supp. 2d 99 · District Court, D. Massachusetts · Apr 8, 2004

The Agawam Court clearly answered the precise question addressed in Maldonado and that is raised in this case. … The Court found that the Town had not established a qualifying work period. See Aga-wam, 350 F.3d at 291 .

R. Bird & Associates, Inc. v. Fernando L. Sumaza & Co.

32 Mass. L. Rptr. 675 · Massachusetts Superior Court · Jul 14, 2015

If these privilege-qualifying facts are established, then the Kneeland letter will perforce qualify as an admission of a party-opponent and may be used as such at trial. … That, however, is clearly not what transpired in the present case.

Bolduc v. Town of Webster

629 F. Supp. 2d 132 · District Court, D. Massachusetts · May 22, 2009

The (partially misquoted) language from Kelley is inapposite as it relates to qualified immunity, not a substantive due process violation. 23 . … Given the failure of plaintiff’s § 1983 theories on the stated grounds, the Court need not reach the issue of whether defendant Berger-on is entitled to qualified immunity. See, e.g., Pearson v.

In Re Relafen Antitrust Litigation

346 F. Supp. 2d 349 · District Court, D. Massachusetts · Nov 29, 2004

]” that an antitrust defendant is “entitled to Noerr immunity.” Id. at 63, 113 S.Ct. 1920 . … Farey-Jones, 359 F.3d 1066, 1079 (9th Cir.2004), Judge Lindsay’s findings were not clearly and convincingly of this sort.

Trumbull v. Trumbull

4 L.R.A. 117 · Massachusetts Supreme Judicial Court · May 10, 1889

. *202 A devise to one, and if he die without heirs of his body then over to another, would create an estate tail in the first taker, whatever the actual intention of the testator might have been; but words qualifying such … In the case at bar, the devise is not only in express terms to the first taker for life, but the intent of the testator clearly appears to provide for George B.

Gannon v. City of Boston

476 Mass. 786 · Massachusetts Supreme Judicial Court · Apr 18, 2017

Newspaper Co., 457 Mass. 113, 120 (2010) ("Once an employee 'make[s] at least a facial showing that reasonable accommodation is possible,' the burden of proof [of both production and persuasion] shifts to the employer to establish … The plaintiff's showing of being 'otherwise qualified' encompasses or subsumes the issue of direct threat, the argument goes, because a person who is a direct threat would not be qualified for the job; being qualified implies