Case law

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 .

Foley v. Foley

27 Mass. App. Ct. 221 · Massachusetts Appeals Court · Apr 25, 1989

Therefore we are unable to assess whether the judge’s findings of fact [as to counsel fees] are clearly erroneous.” Connolly v. Connolly, 400 Mass. 1002, 1003 (1987). 4. … trial, had been qualified in the Plymouth County Probate Court to appraise a retail rug business.

W. B. Manufacturing Co. v. Rubenstein

236 Mass. 215 · Massachusetts Supreme Judicial Court · Jun 23, 1920

Whether a witness was qualified to testify as an expert was under the circumstances within the discretion of the master. Westinghouse Electric & Manuf. Co. v. Wagner Electric & Manuf. Co. 225 U. S. 604 . … Co. 192 Mass. 391, 405 . *221 Clearly whether the master’s report should be recommitted was within the discretion of the court. Decree affirmed with costs.

Bush v. Acton-Boxborough Regional School District

District Court, D. Massachusetts · May 23, 2023

right, and (2) the unlawfulness of their conduct was clearly established at the time.’” … “If either of the two prongs is not met—i.e., if the facts do not show a constitutional violation or the right in question was not clearly established—the officer is immune.

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.

Commonwealth v. DiMonte

427 Mass. 233 · Massachusetts Supreme Judicial Court · Apr 10, 1998

The jury clearly rejected the defendant’s strained account of the incident that occurred on April 18. … The evidence is insufficient to establish this claim. Nemeth v. Ford Motor Co., 61 Mich.

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.

Taber v. St. Peter's Parish

228 Mass. 312 · Massachusetts Supreme Judicial Court · Oct 23, 1917

The will was allowed on October 21, 1903, and the plaintiff has duly qualified as trustee. … William Tillinghast Conner, named in the will as a beneficiary and as a cotrustee, died on January 15, 1914, never having qualified as trustee.

In RE LeCLAIR

461 B.R. 86 · United States Bankruptcy Court, D. Massachusetts · May 19, 2011

This exclusion itself is qualified by a further exclusion limiting its application when the payment was from a qualified rollover transaction. … Clearly, an evidentiary hearing is needed before a determination can be made as to the appropriate application of Mass. Gen. Laws ch. 235 § 34A to Ms.

The Jonas H. French

119 F. 462 · District Court, D. Massachusetts · Dec 12, 1902

“But the decisions establishing the immunity of the receiver’s possession of the property brought by him into a foreign jurisdiction refer solely to the attempted enforcement of demands that existed before the property was … And whether the libel in rem against the steamboat in the hands of the receivers is or is not considered as coming within the statute, it was clearly within the discretion of the circuit court to permit the libelants to establish

Saxonis v. City of Lynn

62 Mass. App. Ct. 916 · Massachusetts Appeals Court · Nov 8, 2004

However, we agree with the trial judge that Saxonis has failed to identify a “clearly established public policy” violated in either instance. See King v. Driscoll, 418 Mass. 576, 582 (1994). … She has cited no authority, either in statute, case law, or the collective bargaining agreement, establishing such a policy.

Moore v. Dalessio

332 F. Supp. 926 · District Court, D. Massachusetts · Oct 7, 1971

Discharge for conscientious objection is at the grace of the Secretary of the Army and the applicant bears the burden of clearly establishing that he meets the requirements provided by the Secretary * *. … First, by requiring that plaintiff “clearly establish” his conscientious objection, the Board applied too stringent a burden of proof.

McIntire

458 Mass. 257 · Massachusetts Supreme Judicial Court · Nov 5, 2010

Clearly, the Superior Court had jurisdiction over the petitioner and the subject matter of the case: G. … As previously discussed, what Johnstone establishes is that the failure of at least one qualified examiner to opine that a petitioner remains an SDP renders the Commonwealth unable to meet its burden of proof.

In the Matter of Paul Pappas

358 Mass. 604 · Massachusetts Supreme Judicial Court · Jan 29, 1971

his ability to obtain news and to the reporting ability of the press. (3) In support of such judicial consideration, it is asserted that the First Amendment* 6 creates in the news media and their employees a privilege (or immunity … investigation; (2) that ifeis the duty of all citizens having relevant knowledge to assist in such inquiries when called upon to do so; (3) that the burden rests upon a witness, asserting impropriety in a grand jury inquiry, to establish

D&D Realty Trust v. Borgeson

2015 Mass. App. Div. 115 · Massachusetts District Court, Appellate Division · Aug 13, 2015

into evidence a November 5, 2010 letter from D&D’s counsel to Borgeson’s lawyer, confirming “that we have received the insurance policies and the insurance broker has confirmed that they are acceptable,” Borgeson did not establish … “If the trial judge makes one of several possible choices of what facts are supported by the evidence, the judge’s choice is not clearly erroneous.” W. Oliver Tripp Co. v. American Hoechst Corp., 34 Mass. App.

Bacon v. Inhabitants of Charlton

61 Mass. 581 · Massachusetts Supreme Judicial Court · Sep 15, 1851

The statute, which gives the defendants the right to make a tender, does not limit or qualify the right. … Of these, none is more clearly established, than the rule, that a tender in such a case admits the cause of action. * And we think any other construction of the statute would be unreasonable and unjust.

Goode v. City of Boston

District Court, D. Massachusetts · Mar 21, 2023

Officer Smith argues that the doctrines of qualified and common law immunity bar the Goodes’ statutory claims against him. … The former shields government officials from civil liability if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Pearson v.

Adoption of Willow

433 Mass. 636 · Massachusetts Supreme Judicial Court · Apr 6, 2001

Gregory could not attend kindergarten because she failed to have him immunized. When first placed in foster care, they ate ravenously with their hands and hoarded food. … A parent’s relationship with her children is constitutionally protected, but is not immune from State intervention.

Commonwealth v. Resende

474 Mass. 455 · Massachusetts Supreme Judicial Court · Jun 9, 2016

. § 924 (e)(1), to qualify, but rather requires that the predicate crimes be ones “arising from separate incidences.” … L. c. 140 § 123; established a firearms record-keeping trust fund; prohibited the possession or sale of “sawed-off’ shotguns, see G.

Robinson v. Commonwealth

399 Mass. 131 · Massachusetts Supreme Judicial Court · Jan 26, 1987

In this case, both the ultimate findings and the conclusions of the judge were clearly wrong. … Burr would qualify under definition of ‘psychotherapist’” under G. L. c. 233, § 20B. We disagree.