Case law

V.R. Streeter v. United States

150 F. Supp. 3d 82 · District Court, D. Massachusetts · Dec 8, 2015

Streeter' and her attorney at that time established an escrow account in the' name of the designated escrow agents, not in’ the name of Wissa. Id. ¶ 11. … Section 7422(a) also waives sovereign immunity for refund suits. See Dickow, 740 F.Supp.2d at 234-35 .

Leet v. Cellco Partnership

480 F. Supp. 2d 422 · District Court, D. Massachusetts · Mar 27, 2007

“This section has been called ‘the absolute immunity provision’ which, if applicable, bars any state law claim based on conduct which is governed by § 1681s-2.” … Section 1681h(e) suggests not that Congress has limited actions brought in all areas regulated by the FCRA but that defendants will have qualified immunity from actions based on information disclosed pursuant to certain provisions

Natriello v. Flynn

837 F. Supp. 17 · District Court, D. Massachusetts · Nov 18, 1993

To prevail in an action brought under § 1983 a plaintiff must show that he or she *19 was deprived of a right, privilege or immunity secured by the Constitution or laws of the United States. … Moreover, an examination of the relief sought in plaintiffs Count II in this case clearly indicates that it is based upon the loss suffered by the decedent’s relatives due to Mr. Na-triello’s death.

NATALIE B. SAWYER v. COMMISSIONER OF DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE & Another.

Massachusetts Appeals Court · Jul 29, 2024

The amended complaint does not plausibly allege, nor does the plaintiff argue, that her work qualified her as a mechanic, workman, or laborer or that she was employed in a penal or charitable institution. 2 Thus, the … The plaintiff does not argue otherwise. 3 We do not view the emphasized language as establishing a blanket waiver of sovereign immunity. Rather, as explained in Cook v.

Shinnick v. Rodibaugh

2007 Mass. App. Div. 106 · Massachusetts District Court, Appellate Division · Jun 26, 2007

Clearly, once the expert testi *108 mony was admitted, the jury were free to credit it wholly, partially, or not at all, as they saw fit. … The medical evidence in its totality was sufficient to establish causation.

Anderson v. Potter

723 F. Supp. 2d 368 · District Court, D. Massachusetts · Jul 13, 2010

[the] evidence did not tend to establish a discriminatory purpose”). At most, Anderson has established a misapplication of the CBA and related rules—a mere “business error.” … The trial judge must accept all admissible evidence that favors the non-moving party and all other clearly undisputed evidence, ignore the rest, and indeed must draw all reasonable inferences in favor of the *373 non-moving

Commonwealth v. Travis

372 Mass. 238 · Massachusetts Supreme Judicial Court · Mar 25, 1977

L. c. 123A, § 1, establishes a relatively broad definition of “sexually dangerous person,” the procedure specified by G. … “Commitment must be justified on the basis of a legitimate state interest, and the reasons for committing a particular individual must be established in an appropriate proceeding.

Sico v. City of Cambridge

1 Mass. L. Rptr. 13 · Massachusetts Superior Court · Jul 13, 1993

Cambridge has now moved for summary judgment under Mass.R.Civ.P. 56, on the grounds that (1) it is immune from suit because the alleged negligent conduct falls within the discretionary function exception of the Massachusetts … First, no “statute, regulation, or established agency practice prescribes a course of action,” Wheeler, supra at 38 , that Cambridge must follow in designing its playgrounds or their safety features.

Rennie v. United Parcel Service

139 F. Supp. 2d 159 · District Court, D. Massachusetts · May 10, 2001

The instant case is clearly a reasonable accommodation case, not a discriminatory discharge case. … Is Rennie a qualified individual with a disability? There is little dispute that Rennie is a qualified individual with a disability under the terms of the ADA and M.G.L. c. 151B.

Commonwealth v. Camblin

471 Mass. 639 · Massachusetts Supreme Judicial Court · Jun 12, 2015

breath test result is deemed admissible under the statute, and even though the scientific principle underlying the breathalyzer's premise may be generally accepted, 20 the Alcotest presents a new methodology that is not immune … The question remains whether, despite the fact that the motion judge did not consider the merits of the defendant's challenges, the present record clearly establishes the 25 The judge's second reason for declining

Opinion of the Justices to the Senate

363 Mass. 909 · Massachusetts Supreme Judicial Court · Jul 13, 1973

Clearly the press has no special immunity from civil and criminal laws which relate to its business aspects. Associated Press v. National Labor Relations Bd. 301 U. S. 103, 132-133 . Associated Press v. … L. c. 56, § 42) and would not be completely immune from libel suits. The penalties which might be imposed for a violation of § 39A are not insubstantial.

Wilson v. Commonwealth

31 Mass. App. Ct. 757 · Massachusetts Appeals Court · Jan 9, 1992

To the extent that the DEQE’s actions may be construed as “willful and malicious,” the Commonwealth is immune from liability from any such intentional acts of its employees. G. L. c. 258, § 10(c). Tilton v. … If so, the plaintiffs, from the outset, have had only qualified rights to their shoreland and have no reasonable investment-backed expectations under which to mount a taking challenge.

Rodrigues v. Trafalgar House, Inc.

9 Mass. L. Rptr. 441 · Massachusetts Superior Court · Sep 18, 1998

To establish a prima facie case of employment discrimination, based upon a handicap, the plaintiff must present credible evidence that (1) she is handicapped within the definition of C. 15 IB, (2) she is qualified to perform … Clearly, this amounts to a violation of the Standards of Conduct Policy where plaintiff knew she was cleared to return to work, and expected to be absent more than three days.

Penate v. Kaczmarek

District Court, D. Massachusetts · Sep 27, 2018

immunity because this right was not clearly established at the time of Plaintiff’s trial. … (2018) (holding that qualified immunity protected a police officer in a Fourth Amendment context because the officer’s conduct did not violate clearly established law) (quotations omitted).

Plymouth Rock Energy Associates v. Department of Public Utilities

420 Mass. 168 · Massachusetts Supreme Judicial Court · Apr 26, 1995

Under PURPA, if a power generation project meets certain specified requirements, it is characterized as a Qualifying Facility (QF). 16 U.S.C. § 796 (18) (B). … The statute and its implementing regulations clearly mandate that the rate to be paid by utilities for electrie energy be determined by the avoided cost to the utility of generating that energy or purchasing it elsewhere.

Steamboat Realty, LLC v. Zoning Board of Appeal

70 Mass. App. Ct. 601 · Massachusetts Appeals Court · Oct 30, 2007

Indeed, “ [financial hardship to the owner alone is not sufficient to establish ‘substantial hardship’ and thereby justify a variance.” *604 39 Joy Street Condominium Assn. v. … Where Steamboat failed to refute adequately tMs evident increase in height, we cannot fairly say the judge’s finding was clearly erroneous.

Kulch v. Jones

56 Mass. App. Dec. 168 · Massachusetts District Court, Appellate Division · Oct 10, 1975

The vehicles involved were private passenger motor vehicles as classified and established by the Commissioner of Insurance. … The plaintiff argues that on the basis of the agreed facts, the motor vehicle operated by the defendant at the time of this accident was clearly registered in the State of California and not registered in the Commonwealth

Commonwealth v. Kneeland

37 Mass. 206 · Massachusetts Supreme Judicial Court · Apr 2, 1838

Could the convention or the people have intended to secure to the freedom of the press so great latitude and such extraordinary immunities ? … But clearly does not include atheists.

Stone v. Worcester County Sherriffs Office

District Court, D. Massachusetts · Mar 26, 2019

Qualified Immunity/Good Faith Defense Both Defendants argue that they are entitled to qualified immunity. … Qualified immunity protects public officials, acting in their individual capacity, “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of

In re Remia

503 B.R. 6 · United States Bankruptcy Court, D. Massachusetts · Dec 20, 2013

not qualify as exempt under as 11 U.S.C. § 522 (d)(12). … To qualify as a QDRO, a DRO must "clearly speciffy]” the name and mailing address of the plan participant and the alternate payee, the amount or percentage of the benefits to be paid, the number of payments, and the plan