Case law

South Boston Betterment Trust Corp. v. Boston Redevelopment Authority

438 Mass. 57 · Massachusetts Supreme Judicial Court · Oct 31, 2002

However, a maximum amount was established with respect to both of those exactions. Id. … Because the MOU clearly violates the statutory and regulatory scheme, it is unenforceable.

Gorman v. City of Peabody

312 Mass. 560 · Massachusetts Supreme Judicial Court · Dec 29, 1942

A final decree was entered establishing the agreed amount of the alleged deficiency and, in effect, ordering compliance by the respondent and its officers with the provisions of said § 34. The respondent appealed. … It was held that the orders of the city council to which the referendum was sought were clearly executive, and not legislative, in their nature.

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.

Thomas v. Blake

126 Mass. 320 · Massachusetts Supreme Judicial Court · Feb 28, 1879

The question is, whether, the facts which this evidence tends to establish show any misconduct or default in Darling, for which the defendant is liable on this bond. … If it was intended to include judgments recovered upon past transactions, a surety has the right to insist that such intention should clearly appear.

Lincoff

District Court, D. Massachusetts · Feb 6, 2026

For example, in analyzing whether a due process right had been clearly established to overcome qualified immunity, the Eighth Circuit rejected a state-created danger claim against paramedics who failed to provide adequate … Qualified Immunity Having determined there was no constitutional violation, the Court will not address the issue of qualified immunity for Boyle and Collins-Brown.

Karim Suwwan De Felipe v. Leila El-Youssef Suwwan

Massachusetts Appeals Court · Oct 14, 2025

Fidelity allows only a small group of highly valued employees to purchase NVCs, and they must qualify as accredited investors under Security and Exchange Commission regulations. … In the end, "[v]aluation of a business interest is a question of fact," Adams, 459 Mass. at 380 , and after reviewing the extensive trial record, we do not consider the judge's finding to be clearly erroneous, see id. 2.

Jean W. v. Commonwealth

414 Mass. 496 · Massachusetts Supreme Judicial Court · Mar 8, 1993

The Act abolished the absolute immunity that governmental units had enjoyed previously. … Clearly, such a broad reading of our Din-sky opinion runs directly contrary to the spirit of G. L. c. 258 and our decision in Whitney v. Worcester, 373 Mass. 208 (1977).

Wincek v. Town of West Springfield

399 Mass. 700 · Massachusetts Supreme Judicial Court · Apr 21, 1987

We do not accept this argument because it ignores the word “damages” which clearly serves to qualify the liability of the third party. … The town has not established that the contracting parties intended the town to be a beneficiary of their contract. See Flattery v. Gregory, 397 Mass. 143, 148-149 (1986).

Vigeant v. Postal Telegraph Cable Co.

260 Mass. 335 · Massachusetts Supreme Judicial Court · Jun 30, 1927

Immunity granted to a class, however limited, having the effect to deprive another class, however limited, of a personal or *340 property right, is just as clearly a denial of equal protection of the laws to the latter class … as if the immunity were in favor of, or the deprivation of right permitted worked against a larger class;” and at pages 337, 338, “Classification must be reasonable.

Stockwell v. Couillard

129 Mass. 231 · Massachusetts Supreme Judicial Court · Sep 13, 1880

The deed of the defendant to the plaintiff clearly pointed out that Bowen, his heirs and assigns, had an interest in the land *233 conveyed; and a reference to the public records would have disclosed the character and extent … As the deed to the plaintiff conveyed only such title as the grantor had in the land, excluding the interest of Bowen therein, the covenant of seisin was qualified and limited by the grant. Allen v.

Shabazz v. Cole

69 F. Supp. 2d 210 · District Court, D. Massachusetts · Aug 24, 1999

This court dismissed the first cause of action, which alleges a violation of 42 U.S.C. § 1983 ("section 1983”), against Matesanz due to the absence of supervisory liability but denied Cole qualified immunity. … With respect to the third cause of action, this court found that Matesanz was not liable under section 1983 due to the absence of supervisory liability and entitled to qualified immunity on the MCRA claim.

Coyne v. Metabolix, Inc.

943 F. Supp. 2d 259 · District Court, D. Massachusetts · Sep 20, 2013

Of course, this does not mean that defendants are necessarily immune to liability for unfounded predictions. … It is also well established that scienter allegations based solely on a defendant’s high-ranking position in the company are not sufficient.

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.

Sharon v. City of Newton

437 Mass. 99 · Massachusetts Supreme Judicial Court · Jun 10, 2002

The release is a clearly labeled, two-sided document, which Merav brought home from school for her parents to review. … Comm’n, 387 Mass. 51, 55 (1982), it does so by abrogating sovereign immunity only within a narrow statutory framework. The Act does “not create any new theory of liability for a municipality,” Dinsky v.

Lemieux v. City of Holyoke

259 F.R.D. 13 · District Court, D. Massachusetts · Aug 14, 2009

The First Circuit found that the section 7(k) exemption did not apply because the Town of Agawam had not shown that it had in fact established a “qualifying work period.” Id. at 291. … In any event, as Plaintiffs argue, the FLSA and the regulations interpreting it clearly state that a section 7(k) work period is based on days, not hours. See 29 U.S.C. § 207 (k)(2); 29 C.F.R. § 553.224 .

Dyer v. City of Boston

District Court, D. Massachusetts · Mar 27, 2018

Dyer Has Stated a Claim against Officers Crossen and Lai a) Qualified Immunity City Defendants argue that Crossen and Lai are insulated from liability by qualified immunity … was ‘clearly established’ at the time of the defendant’s alleged violation.”

Gauthier v. Director of the Office of Medicaid

80 Mass. App. Ct. 777 · Massachusetts Appeals Court · Nov 10, 2011

Furthermore, receipts from the construction of the in-law apartment established the fair market value of the construction costs. … Regardless, whatever evidence *787 that hearing officer found sufficiently convincing to establish a sole intent other than to qualify for benefits, the hearing officer in this case drew a different conclusion from the testimony

Nordberg v. Massachusetts Department of Education

29 Mass. L. Rptr. 163 · Massachusetts Superior Court · Dec 8, 2011

Earlier in this case, the Appeals Court reversed the dismissal of the plaintiffs claims on grounds of sovereign immunity (G.L.c. 258, § 10(b)) and failure to state a constitutional claim. Nordberg v. … The summary judgment record now establishes as fact those allegations upon which the Appeals Court relied.

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.

Genentech, Inc. v. Commissioner of Revenue

476 Mass. 258 · Massachusetts Supreme Judicial Court · Jan 12, 2017

As stated previously, § 38 establishes allocation formulas for determining the amount of a business corporation's net income that is subject to taxation in the Commonwealth. … But the credits were in existence long before § 38 was amended in 1995 to add § 38 (l) for manufacturing corporations; are available to a variety of corporations in addition to manufacturing corporations; and are clearly