Case law

Commonwealth v. Pappas

384 Mass. 428 · Massachusetts Supreme Judicial Court · Aug 21, 1981

In support of the defendant’s motions to dismiss the complaints, evidence was presented to the judge which tended to establish the following facts. … As well, these causes of delay are “circumstances” that justify the failure to issue the citation, and they are clearly consistent with the declared purpose of G.

Brown v. Department of Correction

District Court, D. Massachusetts · Apr 29, 2024

Qualified Immunity Defendants finally argue that all counts against Defendants in their individual capacities should be dismissed on qualified immunity grounds. … “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Kirkwood v. Board of Appeals of Rockport

17 Mass. App. Ct. 423 · Massachusetts Appeals Court · Jan 24, 1984

Wrightson claims, however, that his site qualifies under the by-law for the possible construction of two single family houses 8 but that he is precluded from subdividing the property, and hence gaining maximum benefit from … Nor will the deprivation of a potential economic advantage to a landowner qualify as substantial hardship. Shacka v. Board of Appeals of Chelmsford , 341 Mass, at 594-595. Bruzzese v.

Action Ambulance Service, Inc. v. Atlanticare Health Services, Inc.

815 F. Supp. 33 · District Court, D. Massachusetts · Feb 5, 1993

As Action notes, the state anti-fraud statute clearly fits this description. See Memorandum of Plaintiff at 11-13. … Action is correct that all of the defendants’ allegedly unlawful activity is not immunized by the fact that their petitioning of the City is protected; however, that principle does not prevent the immunization of the petitioning

Adie v. Mayor of Holyoke

303 Mass. 295 · Massachusetts Supreme Judicial Court · May 29, 1939

The petitioner duly qualified under the appointment on July 1, 1938. On January 9, 1939, the mayor notified the petitioner in writing that he was removed from that office. … Mayor of Boston, 298 Mass. 448, 450 , are clearly distinguishable. See also Cunningham v. Mayor of Cambridge, 222 Mass. 574, 580 .

Salmon v. Lang

District Court, D. Massachusetts · Dec 3, 2019

“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … The court declines to decide the issue of qualified immunity at this early stage, noting that defendants are free to assert qualified immunity after further development of the factual record.

Wyeth v. Stone

144 Mass. 441 · Massachusetts Supreme Judicial Court · May 9, 1887

The design of the Legislature in this statute clearly was to qualify and limit the rights of an adopted child under the previous statute, as construed by this court. … The purpose of § 8 is to provide for cases where property comes to a man’s children, not by inheritance, but under a settlement, trust deed, or will, and to establish a rule governing the rights of adopted children in such

Maurice Callahan & Sons, Inc. v. Board of Appeals

30 Mass. App. Ct. 36 · Massachusetts Appeals Court · Jan 30, 1991

The plaintiff, long established in the outdoor advertising business, maintained the billboards on a parcel of land which once enjoyed 100 feet of highway frontage. … As of the time they were recorded, this court had held that the 1977 by-law amendment prohibiting “off-premises” billboards “clearly terminated” whatever protection the plaintiffs billboards enjoyed as nonconforming uses.

Mathews v. Mathews

141 Mass. 511 · Massachusetts Supreme Judicial Court · May 7, 1886

Section 15 established a rule •of inheritance, and created an estate very different from dower. … This was clearly, unless qualified in some way, filing in the probate office her election to claim dower.

Flynn v. Church of Scientology International

116 F.R.D. 1 · District Court, D. Massachusetts · Aug 28, 1986

The party seeking discovery of the lawyer’s “work-product” must establish adequate reasons to justify such production. … “It is well established that the government has a qualified privilege to prevent public disclosure of investigative files and related material prepared in the course of an ongoing criminal investigation.” Jabara v.

Danzell v. Webquish

108 Mass. 133 · Massachusetts Supreme Judicial Court · Oct 15, 1871

, § 1, “ all Indians, and people of color, heretofore known and called Indians, within this Common, wealth, are hereby made and declared to be citizens of the Commonwealth, and entitled to all the rights, privileges and immunities … mulatto and negro inhabitants, occupying lands within the plantation, had no other title to the same but what they derived from grants or assignments made to them by the original proprietors ; and that it was necessary clearly

Massachusetts v. DEPT. OF HEALTH & HUMAN SERVS.

698 F. Supp. 2d 234 · District Court, D. Massachusetts · Jul 8, 2010

for federal funding, the Secretary of HHS must approve a "State plan" describing the nature and scope of the MassHealth program. [80] Qualifying plans must meet several statutory requirements. [81] For example, qualifying … Indeed, this rubric was once explicitly disavowed by the Supreme Court in the governmental immunity context in Garcia v. San Antonio Metro.

National Telecommunication Advisors, Inc. v. City of Chicopee

16 F. Supp. 2d 117 · District Court, D. Massachusetts · Aug 11, 1998

Clearly, the second Golden State factor is satisfied. … Particularly relevant to the court’s conclusion was the fact that the SDWA establishes an elaborate enforcement scheme that confers a right of action on both the government and private citizens. Id. at 5.

Jon N. v. Blue Cross Blue Shield of Massachusetts

684 F. Supp. 2d 190 · District Court, D. Massachusetts · Feb 16, 2010

Introduction This action challenges a denial of health insurance benefits under an employee welfare benefits plan, established pursuant to the Employee Retirement Income Security Act of 1974 1 (“ERISA”). … covered by this contract”; (3) “[a]s cost effective as any established alternatives”; and (4) “[f]urnished in the least intensive type of medical care setting required.”

Lazarre v. Turco

District Court, D. Massachusetts · Dec 17, 2020

To determine whether the DOC Defendants are entitled to qualified immunity, the Court must decide whether their conduct violated a “clearly established constitutional right.” Pearson, 555 U.S. at 232. … “Clearly established” for purposes of qualified immunity means that the contours of the right are “sufficiently clear” that “every ‘reasonable official would have understood that what he is doing violates that right.’”

Fusion Learning, Inc. v. Andover School Committee

District Court, D. Massachusetts · Jun 29, 2022

Qualified Immunity Defendants argue that the three individual defendants, sued in their personal capacities, are entitled to qualified immunity because … But an FAQ attached to an advisory from a state department is not “clearly established law” for the purposes of the qualified immunity analysis.

Xuncax v. Gramajo

886 F. Supp. 162 · District Court, D. Massachusetts · Apr 12, 1995

Foreign Sovereign Immunities Act Under the Foreign Sovereign Immunities Act (FSIA) 8 “a federal court lacks subject matter jurisdiction over a claim against a foreign state,” unless certain exceptions not relevant here apply … Without deciding whether the scope of FSIA immunity should be thus extended, I conclude, as has the Ninth Circuit, that such immunity would in any event be unavailable in suits against an official arising from acts that were

Barresi v. Maloney

273 F. Supp. 2d 144 · District Court, D. Massachusetts · Jul 24, 2003

While Supreme Court holdings that were clearly established at the time of the state court proceedings form the primary basis for determining whether a decision was an unreasonable application of clearly established federal … Accordingly, the trial court’s decision in the instant case cannot be said to be “contrary to” clearly established' law.

Limar Shipping Ltd. v. United States

206 F. Supp. 2d 61 · District Court, D. Massachusetts · Feb 28, 2002

They assert that the Army Corps Hydrographic Surveying Manual refers to guidelines established by *65 the NOAA in the NOAA Hydrographic Manual for surveys such as the one the Army Corps undertook in Boston Harbor. … Its decision was clearly discretionary.

Cataldo v. National Grid USA

23 Mass. L. Rptr. 493 · Massachusetts Superior Court · Feb 15, 2008

“The work-product rule is not a privilege but a qualified immunity protecting from discovery documents and tangible things prepared by a party or his representative in anticipation of litigation.” … “In order to place documents under the mantle of Rule 26(b) (3) for work product protection, a proponent must establish that the documents satisfy three criteria.