Case law

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.

Reinhold v. Schlesinger

379 F. Supp. 638 · District Court, D. Massachusetts · Jul 29, 1974

Finally, the applicant for CO discharge must establish the sincerity of his convictions. Failure .to meet any one of the three standards will prevent an applicant from qualifying for discharge as a CO. … Circuit, have clearly established that a late-blooming conscientious objection is not to be ruled invalid solely for that reason.

Lord v. Kelley

223 F. Supp. 684 · District Court, D. Massachusetts · Nov 19, 1963

If the aggrieved person were successful, the propriety of a court restraining the United States, as distinguished from its officers, was not clearly established. … And the adjudication of the trial court is immunized from appellate review, not by statutory but by judicial exception. Di Bella v.

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

Wright v. Moniz

District Court, D. Massachusetts · Jun 17, 2024

Finally, they argue qualified immunity shields them from liability. … To overcome qualified immunity, Wright must show “(1) [Defendants] violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established

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

McLaughlin v. City of Lowell

8 Mass. L. Rptr. 343 · Massachusetts Superior Court · Apr 3, 1998

Qualified Immunity The individual defendants maintain that summary judgment is required on the Section 1983 claim because of their qualified or good faith immunity as government officials. … In reviewing Section 1983 claims against government officials on summary judgment, trial courts are urged to determine whether the law allegedly violated “was clearly established at the time an action occurred.” Id.

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

Clegg v. U. S. Treasury Department

70 F.R.D. 486 · District Court, D. Massachusetts · Jan 29, 1976

It is well-established law that the United States cannot be‘ sued without its consent, and that a court has no jurisdiction over such a suit. United States v. … The pertinent considerations for establishing the indispensability of a superior officer were elaborated upon in the later case of Williams v. Fanning, supra.

Davis v. Murphy

District Court, D. Massachusetts · Mar 28, 2018

Qualified immunity focuses on the particular conduct at issue. … But McManus has not shown that, as a matter of law, his conduct did not violate a clearly established right. Accordingly, he is not entitled to qualified immunity on this claim. IV.

Farland v. Wall

91 F. Supp. 3d 74 · District Court, D. Massachusetts · Mar 12, 2015

Humphrey, 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994) and/or because he is entitled to quasi-judicial immunity. … Because the alie- *78 gations in the amended complaint clearly establish that Farland’s request for injunc-tive relief relate to actions taken by Wall within the scope of his official duties as chairman of the’ Board, his

Auburndale Plaza, LLC ex rel. Gravestar, Inc. v. Sarni Cleaners of Framingham, Inc.

10 Mass. L. Rptr. 671 · Massachusetts Superior Court · Oct 29, 1999

Getty Petroleum Corp., 854 F.Supp. 1164, 1180 (D.N.J. 1994) (“The expressed intent of the parties and the circumstances at the time of the Agreement clearly establish that the equipment was to be treated as ‘trade fixtures … As there are clearly material facts in dispute here, and each party has presented some evidence supporting its position, summary judgment as to these counts must be denied as the Kourouvacilis standard has not been satisfied

Cottrell v. Mann

District Court, D. Massachusetts · Jul 15, 2025

because they are not entitled to “qualified immunity,” D. 22 at 3-4, they have confused two different doctrines. … As an initial matter, Commonwealth Defendants have not raised a qualified immunity defense.

Hayward v. New England Mutual Fire Insurance

64 Mass. 444 · Massachusetts Supreme Judicial Court · Oct 15, 1852

The present case seems to us to fall very clearly within the principle established by that decision. … Making all due allowances for the loose manner in which such documents are often prepared, and giving the plaintiff the full benefit of the word “ about ” as qualifying and limiting his answer, it cannot in any view be deemed

Williams v. Secretary of Executive Office of Human Services

414 Mass. 551 · Massachusetts Supreme Judicial Court · Mar 11, 1993

It is within the discretion of the agency to determine priorities for allocation of resources among services where the enabling statute does not itself clearly establish particular priorities. … Currently there are no guidelines on whether a State mental health system has satisfactorily established the “most integrated setting appropriate to the needs of qualified individuals with disabilities.” 28 C.F.R. § 35.130

Marino v. Town Council

13 Mass. L. Rptr. 14 · Massachusetts Superior Court · Mar 14, 2001

The Charter established a town council/town manager form of government. … But, the circumstances of the earlier petitions are clearly distinguishable from the case at bar, and estoppel will not lie. The first example (Plaintiffs’ Ex.

Conservation Law Foundation, Inc. v. United States Environmental Protection Agency

223 F. Supp. 3d 124 · District Court, D. Massachusetts · Mar 24, 2017

A separate section of the CWA establishes a permitting system for the discharge of pollutants from point sources. 33 U.S.C. §§ 1311 (a), 1342(a). … Instead, they are subject *127 to special permitting rules established by a 1987 amendment to the CWA.

Gallup v. Alden

57 Mass. App. Dec. 41 · Massachusetts District Court, Appellate Division · Aug 20, 1975

No person other than the trial judge is qualified to render an opinion as to what are appropriate credentials requisite to qualifying a person as an expert. 15. … In each of the three categories of the definition of “likelihood of serious harm” in §1, the character and degree of harm must be established “as manifested by evidence”.

Planned Parenthood Federation of America, Inc. v. Problem Pregnancy of Worcester, Inc.

398 Mass. 480 · Massachusetts Supreme Judicial Court · Oct 16, 1986

“Findings of fact shall not be set aside unless clearly erroneous . . . .” Mass. R. Civ. P. 52 (a), 365 Mass. 816 (1974). … The judge also found that PPLM uses the two service marks of PPFA on its advertising material as well as “PPLM.” 9 Therefore, we find no clear error in the judge’s *488 finding of secondary meaning as it was clearly established

Ward v. Westvaco Corp.

859 F. Supp. 608 · District Court, D. Massachusetts · Jul 6, 1994

For the most part, George has no problem doing what he’s asked to do, as long as he has guidelines clearly spelled out for him. … Westvaco asserts that the undisputed facts clearly demonstrate that age did not play a factor in eliminating Ward’s position.