Case law

Pittsfield National Bank v. United States

181 F. Supp. 851 · District Court, D. Massachusetts · Mar 3, 1960

A number of Massachusetts cases have clearly established that the words “comfort”, “support”, and “maintenance” create an objective and limited standard for measuring the right to invade principal. Thus, in Lumbert v. … Hassett, supra, powers similarly qualified were held to be exercisable only in accordance with the same narrow standard.

Chiao-Yun Ku v. Town of Framingham

15 Mass. L. Rptr. 758 · Massachusetts Superior Court · Feb 27, 2003

These cases are distinguishable because Drake was clearly acting within the scope of his employment and “on behalf of the public employer.” This court concludes that the “public duty” rule is not applicable. III. … If there is a statute, regulation, or established agency practice then there is no discretion and the discretionary function exception is not applicable. See id.

Kitras v. Town of Aquinnah

474 Mass. 132 · Massachusetts Supreme Judicial Court · Apr 19, 2016

The committee concluded that the members of the Tribe were capable of self-governance, well qualified, and supportive of the prospect of becoming a town. Id. at 11. … The commissioners also clearly provided for a right of access to a creek "for the purpose of fishing and clearing the creek."

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.

Commonwealth v. G.F.

479 Mass. 180 · Massachusetts Supreme Judicial Court · Mar 20, 2018

Some portion of the delay in this case clearly resulted from the Commonwealth's actions. … The petitioner's inability to receive SDP treatment pending trial clearly constituted prejudice. See Pariseau, 466 Mass. at 811.

Commonwealth v. Bell

83 Mass. App. Ct. 82 · Massachusetts Appeals Court · Jan 11, 2013

In the circumstances of this case, to establish the defendant’s guilt of failure to register as a sex offender in violation of G. … Bell, supra at 414. 6 Focusing on one aspect of his Nevada case, the defendant (as does the dissent) points out that under Nevada law, “when the design of a person to commit a crime is clearly shown, slight acts done in furtherance

Commonwealth v. Sim

39 Mass. App. Ct. 212 · Massachusetts Appeals Court · Aug 31, 1995

After Kun Vorn testified for the prosecution under a grant of immunity, defense counsel, on cross-examination, elicited testimony that could be construed as establishing that the witness did not tell the police the “whole … For a discussion of the need for qualified interpreters, see Supreme Judicial Court Commission to Study Racial and Ethnic Bias in the Courts, Equal Justice 33-53 (1994). Compare Commonwealth v.

National Private Truck Council v. Commissioner of Revenue

6 Mass. L. Rptr. 350 · Massachusetts Superior Court · Jan 6, 1997

It was designed to “define clearly a lower limit for the exercise” of a state’s power to tax the local activities of foreign corporations, Heublein, 409 U.S. at 280 , 281 n.7, by defining what “minimum activities would not … Furthermore, P.L. 86-272 only provides immunity from net income taxes.

Lincoln v. Hapgood

11 Mass. 350 · Massachusetts Supreme Judicial Court · Sep 15, 1814

We think it does not, and that the facts proved clearly maintain the plaintiff’s right to the privilege of which he was deprived. … If, then, a civil action does not lie against them, the party is deprived of his franchise without any relief, and has no way of establishing his right to any future suffrage.

Furtado v. Standard Parking Corp.

820 F. Supp. 2d 261 · District Court, D. Massachusetts · Oct 27, 2011

Standard Parking does, however, argue that Furtado does not establish a prima facie case under Massachusetts General Laws chapter 151B because he is not a “qualified handicapped person.” … As such, the Court rules that Furtado has failed to show that he is a qualified handicapped person, and thus he has not established a prima facie ease of disability discrimination under Massachusetts General Laws chapter

Doane v. Willcutt

71 Mass. 328 · Massachusetts Supreme Judicial Court · Oct 15, 1855

Shaw, 5 Cush. 56 . *334 This case is clearly distinguishable from that of a conveyance of land, with a general covenant of warranty against the lawful claims of all persons. … This conclusion is strongly confirmed by the existence of the well known rule of law, founded perhaps originally in the Colony Ordinance of Massachusetts of 1647, but now established by usage, as the law of New England, that

Old Colony Donuts, Inc. v. American Broadcasting Companies, Inc.

368 F. Supp. 785 · District Court, D. Massachusetts · Jan 10, 1974

It is now well-established that in matters of public interest the exercise of First Amendment rights establishes a qualified constitutional privilege against tort liability. New York Times v. … I rule that the script of the program and the affidavits clearly establish that the broadcast in question concerned a matter of public interest, causes and prevention of heart disease, privileged under the First Amendment

Castagna v. Jean

District Court, D. Massachusetts · Jan 31, 2018

doctrine, and moreover, that they are entitled to qualified immunity. … “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.”

Pronghorn, Inc. v. Licensing Board

13 Mass. App. Ct. 70 · Massachusetts Appeals Court · Jan 25, 1982

No charges were made of violations by the licensees, although it was suggested at the July 30 hearing (see note 4, supra) that there was overcrowding in certain licensed establishments during the early morning hours. … The plaintiffs make an additional argument, not developed particularly clearly, that the discretion given local licensing authorities by G.

Massachusetts Hospital Ass'n v. Department of Medical Security

412 Mass. 340 · Massachusetts Supreme Judicial Court · Mar 26, 1992

The department’s regulations do not limit the amount of reimbursement hospitals may receive for qualified free care services. *345 3. The validity of the performance regulation. … The plaintiffs argue that the Superior Court judge correctly concluded that the performance regulations are repugnant to the statute, since the statute clearly and comprehensively describes the method by which uncollectible

Saab v. Massachusetts CVS Pharmacy, LLC

452 Mass. 564 · Massachusetts Supreme Judicial Court · Nov 13, 2008

We begin with a brief review of the act’s well-established purpose, focusing on its exclusivity provisions. … Cumberland Farms, Inc., 406 Mass. 615, 621 (1990) (workers’ com *568 pensation law provides fixed compensation for employees; employers are granted immunity in return).

Ela v. Smith

71 Mass. 121 · Massachusetts Supreme Judicial Court · Oct 15, 1855

This provision of the statute clearly confers a judicial power. … This clearly includes threatened, as well as existing, violence and resistance to the laws.

Barbuto v. Advantage Sales and Marketing, LLC

477 Mass. 456 · Massachusetts Supreme Judicial Court · Jul 17, 2017

A qualified handicapped employee has a right under G. … established public policy."

Roosen v. Peter Bent Brigham Hospital

235 Mass. 66 · Massachusetts Supreme Judicial Court · Feb 26, 1920

That the defendant is a public charitable corporation established for the care of sick and indigent persons is not controverted. … The duty of selecting competent servants is no more clearly a duty personal to the master not susceptible of delegation than is the duty to provide safe machinery or to warn of hidden dangers.

Welch v. Tellabs Operations, Inc.

14 Mass. L. Rptr. 44 · Massachusetts Superior Court · Sep 24, 2001

Once the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts establishing the existence of a genuine issue of material fact. Id. at 17 . … First, in an employment reference, a statement about a person’s performance is clearly a matter of opinion that depends on the demands of the job and the subjective standards of the employer. Flavia Bianci v.