Case law

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.

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.

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.

Gasior v. Massachusetts General Hospital

19 Mass. L. Rptr. 326 · Massachusetts Superior Court · Apr 5, 2005

[it] clearly leaves room to accommodate other torts which the court might deem to involve damage to the person. … Dana-Farber Cancer Institute, 443 Mass. 367, 391 (2005) (G.L.c. 15 IB unlawful retaliation claims are not torts for purposes of applying charitable immunity damages cap, as G.L.c. 151B created new rights that did not exist

Dartt v. Browning-Ferris Industries, Inc.

427 Mass. 1 · Massachusetts Supreme Judicial Court · Feb 26, 1998

It is the responsibility of the judge, not counsel, to state to the jury the “governing principles of law as to the issues raised by the pleadings and supported by [the] evidence, so that the jury may clearly understand their … Co., 414 Mass. 375, 382 (1993) (term “qualified handicapped person” in G.

Commonwealth v. Roy

2 Mass. App. Ct. 14 · Massachusetts Appeals Court · Mar 11, 1974

With respect to the statements made to Sergeant Whalen of the homicide unit, our opinion is that the Commonwealth has clearly demonstrated a constitutionally permissible waiver. … Other testimony established that the defendant, who was talkative from the outset, was not misled or coerced by the interrogating officers, was not subjected to lengthy or brutal interrogation, was not incoherent, and was

Burns v. City of Worcester

District Court, D. Massachusetts · Mar 20, 2025

Qualified immunity “shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” Mullenix v. … The Court does a two-step analysis to determine if qualified immunity bars a claim.

Putnam v. Putnam

366 Mass. 261 · Massachusetts Supreme Judicial Court · Sep 20, 1974

Only assets which qualify for the marital deduction in my estate shall be allocated to this trust fund. … because the certainty of qualification for the marital deduction must be established as of the date of death.

Massachusetts Food Ass'n v. Sullivan

184 F.R.D. 217 · District Court, D. Massachusetts · Jan 6, 1999

Does § 15 Establish a Per Se Antitrust Violation? … Here, the remainder of § 15 is clearly severable.

Shawmut Bank, N.A. v. Flynn

1 Mass. L. Rptr. 268 · Massachusetts Superior Court · Nov 8, 1993

In response, the defendants argue that Miller only establishes the irrelevancy of Shawmut’s good or bad faith and motivation in its decision to demand payment on the loan, but that Miller does not immunize the plaintiffs … Although it is not clear that Milter was intended to immunize such misconduct, here any such misconduct would not have been material.

Commonwealth v. Fremont Investment & Loan

452 Mass. 733 · Massachusetts Supreme Judicial Court · Dec 9, 2008

It is well established that a practice may be deemed unfair if it is “within at least the penumbra of some common-law, statutory, or other established concept of unfairness.” PMP Assocs., Inc. v. … a lender, insofar as it leads directly to injury for consumers, qualifies as “unfair” under G.

Connectu LLC v. Zuckerberg

240 F.R.D. 34 · District Court, D. Massachusetts · Nov 28, 2006

Section 2033.220(b)(1) (2006) provides that: (b) Each answer shall: (1) Admit so much of the matter involved in the request as is true, either as expressed in the request itself or as reasonably and clearly qualified by the … responding party. *36 Section 2022.220(b) (1) plainly allows a responding party in his or her “answer” to “qualify” an answer so long as the answer is “reasonably and clearly” qualified.

Chandler v. Prince

214 Mass. 180 · Massachusetts Supreme Judicial Court · Feb 27, 1913

If we follow the language of the statute, this last instruction clearly required too much of the plaintiff. Mrs. … It was only the qualified title to the securities, subject to the payment of these demands, that she transferred to the defendant.

Clark v. Mt. Greylock Regional School District

3 Mass. App. Ct. 549 · Massachusetts Appeals Court · Oct 30, 1975

The plaintiff contends that the only vote of the committee that qualified as the statutory vote of demotion occurred on August 22, when he was assigned to a teaching position. … Section 42A establishes the grounds on which a school committee may demote a “tenured” principal. It also establishes procedural safeguards.

Sweatt v. Boston, H. & E. R.

23 F. Cas. 530 · U.S. Circuit Court for the District of Massachusetts · Sep 7, 1871

Evidently the revision contemplated by that clause is of a special and summary character, as sufficiently appears from the words "general superintendence” preceding and qualifying the word “jurisdiction,” and more clearly … , and the same act also provides that the words of the act shall include every company and body of persons associated tor any banking or other commercial purpose, incorporated by statute or charter, or which derives any immunity

Cavanaugh v. United States Government

640 F. Supp. 437 · District Court, D. Massachusetts · May 19, 1986

The burden for establishing this duty is upon the Cavanaughs. Feldstein v. E.E. O.C., 547 F. Supp. 97, 101 (D. … Mass. 1982) (to be entitled to mandamus relief, the plaintiff “has the burden of demonstrating each element clearly and indisputably”).

Trigones v. Hall

115 F. Supp. 2d 158 · District Court, D. Massachusetts · Sep 27, 2000

To qualify for review, Petitioner must demonstrate that his Due Process claim is either “contrary to,” or involves an “unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the … Petitioner’s claim can only proceed, therefore, if the gatekeeper statute he challenges constitutes an “unreasonable application of clearly established Supreme Court jurisprudence.” O’Brien, 145 F.3d at 25 .

Commonwealth v. Blanchette

54 Mass. App. Ct. 165 · Massachusetts Appeals Court · Mar 8, 2002

NiHos Tomich, an experienced forensic psychologist who, as a “qualified examiner,” had previously performed a number of evaluations for sexual dangerousness. … It is to be noted in this regard that expert witnesses are not immune from such judicial scrutiny.

Canty v. Old Rochester Regional School District

54 F. Supp. 2d 66 · District Court, D. Massachusetts · Jun 21, 1999

immunity from punitive damages under Title IX. … with municipal immunity to punitive damages.

United States v. Rockland Trust Co.

860 F. Supp. 895 · District Court, D. Massachusetts · Jun 17, 1994

Nat’l Bank of Commerce may be distinguished in that the taxpayer in that case had an “unrestricted right to withdraw funds from the account”, a power the Court found plainly “qualified as a right to property for purposes … That the statement may have been made maheiously or in bad faith, moreover, would not cause Belford’s immunity to be withdrawn.