Case law

Town of Milton v. Civil Service Commission

365 Mass. 368 · Massachusetts Supreme Judicial Court · Jun 5, 1974

The same program is in operation in a number of other cities or towns and clearly produces extremely attractive candidates for appointment to these police forces. … The wisdom of this rule of appellate procedure is clearly demonstrated by the nature of the contention sought to be raised here.

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.

Opinion of the Justices of the Supreme Judicial Court

1 Rep. Cont. El. 117 · Massachusetts House of Representatives · Jul 1, 1811

The *121 rule of apportionment therefore does not depend on the number of legal voters, all of whom must be of full age; whereas the polls of minors, above the age of sixteen years, were ratable at the establishment of the … Whether their polls are, or are not ratable, they are not qualified voters for senators or representatives; mor can they be qualified to hold either of those offices.

Cambridge Meridian Group, Inc. v. Connecticut National Bank (In Re Erin Food Services, Inc.)

140 B.R. 14 · District Court, D. Massachusetts · Sep 18, 1991

That finding is not clearly erroneous. Nor is the issue one to be decided as a matter of law. … I conclude that these findings, which are not clearly erroneous, establish that the debt was not “incurred by the debtor in the ordinary course of business.”

United States v. Lattanzio

232 F. Supp. 3d 220 · District Court, D. Massachusetts · Feb 8, 2017

Dec. 19, 2016), holding that armed robbery in Massachusetts does not necessarily qualify as a crime of violence. … As will be seen below, the documents before the court are insufficient to establish that this conviction was for assault with a dangerous weapon, rather than assault and battery with a dangerous weapon. .

Goodall v. Worcester School Committee

District Court, D. Massachusetts · Sep 25, 2019

to qualified immunity unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct. … or consensus of cases by the circuit courts of appeal is persuasive authority to clearly establish a constitutional right)); Andrews v.

Lockhart v. Ferguson

243 Mass. 226 · Massachusetts Supreme Judicial Court · Dec 1, 1922

The petitioner had the burden of establishing by a fair preponderance of the evidence that the testatrix was of sound mind when she executed the will; and the jury passing upon the credibility of the witnesses could give … It is plain it cannot be found by this court that the judge was clearly wrong in his decision upon the preliminary question of the qualification of the witness; the exception thereto must be overruled. Barker v.

Cole v. Tucker

32 L.R.A. 283 · Massachusetts Supreme Judicial Court · Oct 19, 1895

The' plaintiff was a duly qualified voter, whose name was upon the check list. … court is of opinion, that in all cases where the Constitution has conferred a political right or privilege, and where the Constitution has not particularly designated the manner in which that right is to be exercised, it is clearly

Sun Life Assurance Co. of Canada v. Sullivan

206 F. Supp. 2d 191 · District Court, D. Massachusetts · Jun 25, 2002

ERISA defines an employee welfare benefit plan as any plan, fund, or program which was heretofore or is hereafter established or maintained by an employer.. .to the extent that such plan, fund, or program was established … To qualify as a QDRO, the order must “clearly specify” the following four items: (i) the name and the last known mailing address (if any) of the participant and the name and mailing address of each alternate payee covered

Gram v. Liberty Mutual Insurance

384 Mass. 659 · Massachusetts Supreme Judicial Court · Dec 9, 1981

But termination in the absence of good cause does not establish bad faith, and it is only a factor in determining whether there was fair dealing. … The judge recognized the clearly established public policy, expressed by statute, against discharge due to age of an employee between the ages of forty-five and sixty-five. Id. at 1121. See G. L. c. 149, § 24A; G.

Shoulders v. Commonwealth

1984 Mass. App. Div. 66 · Massachusetts District Court, Appellate Division · Feb 29, 1984

In order for a person to qualify for compensation under this statute, the petition must establish that he or she is a person eligible for recovery in accordance with its terms. Mitchell v. Commonwealth, Mass. App. Div. … In the case of a deceased victim, one must qualify as a dependent. PERLIN AND CONNORS, HANDBOOK OF CIVIL PROCEDURE IN THE MASS. DIST. COURTS, (1980), P. 188.

Long Term Care Pharmacy Alliance v. Ferguson

260 F. Supp. 2d 282 · District Court, D. Massachusetts · Apr 1, 2003

Congress clearly intended for Section 13(A) to benefit beneficiaries and providers. … Maine, 118 F.3d 37, 54 (1st Cir. 1997) (explaining scope of sovereign immunity)-. Thus, irreparable injury exists here because sovereign immunity bars the possibility of recovering . underpayments wrongfully made.

DesVergnes v. Seekonk Water District

448 F. Supp. 1256 · District Court, D. Massachusetts · Apr 14, 1978

Although such an entity may not be able to assert the defense of governmental immunity under all provisions of the Civil Rights Acts, it is well-established that the District’s municipal status imposes a jurisdictional barrier … The Court also refused to fashion a similar remedy under its federal common-law powers, citing the inconsistency of such relief with the doctrine of municipal immunity, established under § 1983 by Monroe v.

Commonwealth v. Perry

385 Mass. 639 · Massachusetts Supreme Judicial Court · Mar 25, 1982

The judge qualified as an expert a witness who had been a Boston firefighter for fourteen years, and had worked on 2,500 building fires. … The witness had qualified as an expert, and had testified as to the cause of fires at least twenty-five times, in various courts.

Valentin v. Town of Natick

District Court, D. Massachusetts · Sep 27, 2022

Qualified Immunity Defendants argue that the individual defendants are entitled to qualified immunity from suit because “their conduct d[id] not violate … clearly established statutory or constitutional rights of which a reasonable person would have known.”

Steranko v. Inforex, Inc.

5 Mass. App. Ct. 253 · Massachusetts Appeals Court · Apr 29, 1977

Waiver of breach is an established concept in New York and in contract law generally. Alden Speare’s Sons Co. v. Casein Co. of America, 122 App. Div. 22, 25-26 (N.Y. 1907). Ferguson Contracting Co. v. State, 202 App. … In view of our conclusion that this is not a situation to which the UCC applies, the bank retains its common law immunity against suits by injured shareholders.

West v. First Agricultural Bank

382 Mass. 534 · Massachusetts Supreme Judicial Court · Feb 12, 1981

her creditors (or her husband’s) , 4 The wife in the *537 West case was asserting that the Massachusetts tenancy as described was unconstitutionally discriminatory as based on sex; therefore she must be accorded some (not clearly … expressed) rights of control, possession, and income in association (not clearly defined) with those of the husband, only joint obligations of both spouses being leviable by creditors, and then (presumably) against the entire

Welch v. Haley

224 Mass. 261 · Massachusetts Supreme Judicial Court · May 19, 1916

The master found that the assessors of the town of Lexington were duly elected and qualified for the year 1905; that the assessment for that year was: “Name ‘ Broughton, Helen’ General Headings ‘Meagher lots’ Description … There was no evidence at the hearing before the master, outside the recitals in the deed, to establish or to contradict the facts therein stated.

King v. Williams Industries, Inc.

565 F. Supp. 321 · District Court, D. Massachusetts · Mar 30, 1983

Taking these facts as established for purposes of addressing Williams’ motion, the Court now turns to the legal arguments advanced by the parties. II. … In plaintiffs’ view, “Massachusetts has clearly enunciated a strong policy in deciding Ferriter .

Miller v. Shawmut Bank of Boston, N.A.

726 F. Supp. 337 · District Court, D. Massachusetts · Dec 5, 1989

The alleged racial slurs, public criticism and harassment at the workplace were clearly “conditions of continuing employment” and did not interfere with plaintiff’s right to make or enforce contracts. … The chart clearly reflects that the jobs of Customer Service Representative and Senior Personal Banker are considered to be significantly different jobs.