Case law

Nault v. Bazarewsky

District Court, D. Massachusetts · Feb 26, 2018

qualified immunity. … 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

Daniels v. Agin

482 B.R. 1 · District Court, D. Massachusetts · Sep 30, 2012

disclose and had concealed the IRAs was not clearly erroneous. … Although funds held in properly established and disclosed IRAs are entitled to exempt status, Rousey v.

Lynch v. Andrew

20 Mass. App. Ct. 623 · Massachusetts Appeals Court · Aug 19, 1985

We are disinclined to tamper with a well established solution to the problems of expense and uncertainty in litigating the precise damages in cases of this kind. … It has been the rule in Massachusetts that contract provisions which clearly and reasonably establish liquidated damages should be enforced, if “not so disproportionate to the losses and expenses caused by the defendant’s

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

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… That the statement may have been made maheiously or in bad faith, moreover, would not cause Belford’s immunity to be withdrawn.

Johnson v. Commissioner of Public Safety

355 Mass. 94 · Massachusetts Supreme Judicial Court · Dec 24, 1968

“Such a result might fairly be characterized as absurd, and an intention to accomplish this absurd result, unless clearly required by the language of the statute, is not to be attributed to the Legislature.” … There is nothing in the record to indicate that the individuals who were promoted to fill the two vacancies were not qualified. There was no discrimination. 3.

Commonwealth v. Gagliardi

29 Mass. App. Ct. 225 · Massachusetts Appeals Court · Sep 19, 1990

Denial of request for instruction on special scrutiny of immunized testimony. The defendant was denied an instruction that the jury should subject to particularly careful scrutiny the testimony of an immunized witness. … The implication of vouching can nevertheless be present with immunized testimony and should be offset in a degree commensurate with the danger. *242 The preferable course for dealing with the immunized witness would be to

Wiska v. St. Stanislaus Social Club, Inc.

7 Mass. App. Ct. 813 · Massachusetts Appeals Court · Jun 26, 1979

Much of the witness’s testimony was excluded or limited by the judge on the ground that the witness was not qualified to give expert testimony on these issues. … A judge has broad discretion to determine whether an expert has the requisite qualifications and knowledge to render an opinion, and his decision will not be reversed unless it was clearly erroneous.

Winfield v. Town of Andover

District Court, D. Massachusetts · Apr 4, 2018

As the constitutional rights in this area are thus not firmly established, the persons sued are entitled to qualified immunity. … “Unless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of

Mota v. O'Brien

District Court, D. Massachusetts · Mar 28, 2018

To overcome the defense of qualified immunity, a plaintiff must show that the “plaintiff’s allegations, if true, establish a constitutional violation;” that the “right was clearly established at the time of the alleged … Mota has pointed to no precedent that would “clearly establish” that the prior standard operating procedure violated his constitutional rights.

Marino v. Nynex

4 Mass. L. Rptr. 68 · Massachusetts Superior Court · Jul 25, 1995

Plaintiffs also offered evidence tending to establish that the area of Route 1 in which Pole #156 is located has been the scene of numerous automobile accidents, many of which occurred during rainy, cold weather. … However, the discussion of license-based immunity was limited to the context of nuisance.

Laraia v. United States

232 F. Supp. 602 · District Court, D. Massachusetts · Mar 12, 1964

The Smith case quoted above, which the government cited in support of its position and which denied the taxpayer head of household status, is clearly distinguishable on the facts, in that the taxpayer there maintained two … Such was not the sitúa-' tion in this case where the plaintiff never established another permanent residence but rather spent one night in a hotel and the next at his brother’s house, always in anticipation of being able

Adoption of Leonard

Massachusetts Appeals Court · Sep 26, 2023

The ICWA is designed "to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families by the establishment of minimum Federal standards for the removal of Indian … Qualified expert witness.

Fisher v. McGirr

67 Mass. 1 · Massachusetts Supreme Judicial Court · Mar 15, 1854

But if he has them in his possession with intent to pass them as true, knowing them to be counterfeit, the intention qualifies the act, and such act may be justly made punishable. … Clearly, keeping with an intent to sell.

Kirwin v. Attorney General

275 Mass. 34 · Massachusetts Supreme Judicial Court · Mar 2, 1931

Five persons were nominated as executors, all of whom qualified. The survivor, Thomas H. Armstrong, died in June, 1927. … The fund thus validly established as a public charity was given to the executors in trust, to be used for such public charitable purposes as should meet their approval.

Sheffield v. City of Boston

319 F.R.D. 52 · District Court, D. Massachusetts · Oct 28, 2016

immunity defenses. … Plaintiff responds that the report is relevant to establishing its Monell claims by showing a custom of racial discrimination.

Doe v. Town of Blandford

402 Mass. 831 · Massachusetts Supreme Judicial Court · Jul 13, 1988

The Legislature, by excluding intentional torts from the waiver of governmental immunity, sought to insulate the government from liability for intentional conduct which it had not authorized. … As to the alleged negligent hiring in 1968 (count I), this clearly does not involve a continuing tort, and, thus, as to count I, there was no timely presentment. Count I should be dismissed.

Sahli v. Bull HN Information Systems, Inc.

437 Mass. 696 · Massachusetts Supreme Judicial Court · Sep 9, 2002

She ruled that the undisputed fact that the person who filled the vacant position was more qualified than Sahli defeated her discrimination claim. … Cleary, 360 Mass. 1, 11-12 (1971) (art. 11 “is clearly directed toward the preservation of procedural rights and has been so construed”).

DiGregorio v. Commonwealth

1990 Mass. App. Div. 180 · Massachusetts District Court, Appellate Division · Oct 24, 1990

We do not reach the question of whether the trial court’s factual determination of the claimants’ joint residence with their mother and their father was clearly erroneous. … In enacting the statute, the Legislature also made it clear in its definition of qualified dependents that not all who lost support were to be aided.

New Habitat, Inc. v. Tax Collector

451 Mass. 729 · Massachusetts Supreme Judicial Court · Jul 3, 2008

“Exemption from taxation is to be strictly construed and must be made to appear clearly before it can be allowed.” Springfield Young Men’s Christian Ass’n v. Assessors of Springfield, 284 Mass. 1, 5 (1933). … Ct. 596, 599 (1997) (providing residence and care to elderly and infirm helped to establish organization as charitable).