Case law

Williams v. Brigham & Women's Hospital, Inc.

14 Mass. L. Rptr. 438 · Massachusetts Superior Court · Jan 8, 2002

However, “[a] qualified or conditional privilege . . . immunizes a defendant from liability unless he or she acted with actual malice ... or unless there is unnecessary, unreasonable or excessive publication, and the plaintiff … Once a defendant has established that he or she had a qualified privilege to publish or write the defamatory statement, the plaintiff has the burden of showing that the defendant abused the privilege.

Ranieri v. Glacken

93 Mass. App. Ct. 1119 · Massachusetts Appeals Court · Jul 13, 2018

Generally, expert testimony is required to establish that an attorney's conduct fell below the standard of care. See Pongonis v. Saab , 396 Mass. 1005 , 1005 (1985). … As a result, we cannot say that the second judge's finding that the agreement constituted one valid contract enforceable against Paulsen was clearly erroneous. See Balles v.

Commonwealth v. Bell

442 Mass. 118 · Massachusetts Supreme Judicial Court · Jun 21, 2004

Defense counsel sought to use the regulations to establish that ABCD University High School is not a secondary school under the school zone statute. … Such an exclusion would also clearly negate the intent of the Legislature to provide drug-free school zones, see Commonwealth v. Roucoulet, 413 Mass. 647 , 651 n.7 (1992) (Governor Michael S.

Ambrozewicz v. Lane

283 Mass. 141 · Massachusetts Supreme Judicial Court · May 24, 1933

On February 16, 1933, a hearing was had on said motion, a stenographer having been duly appointed, who qualified and took the testimony. The facts shown by the testimony need not be told. … The action of the judge which resulted in the striking of his name from the blank form of decree was clearly within his judicial power.

Maxwell v. Fairbanks Capital Corp. (In Re Maxwell)

281 B.R. 101 · United States Bankruptcy Court, D. Massachusetts · Jul 16, 2002

In support of its position that it is immunized from liability under the FDCPA, Fairbanks makes the following argument: Defendant has relied on the information in its possession in collecting on the note. … Fairbanks also argues that two instances of failing to respond to a qualified written request do not qualify as a pattern and practice on noncompliance.

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.

Jones v. Town of Wayland

374 Mass. 249 · Massachusetts Supreme Judicial Court · Jan 18, 1978

In such a situation, the master’s subsidiary findings are open to attack only on the basis that they are clearly erroneous. Mass. R. Civ. … Uniformly, they are not clearly erroneous and, except as hereinafter discussed, Wayland’s arguments are not grounds for reversal. 2.

Freeman v. Town of Hudson

849 F. Supp. 2d 138 · District Court, D. Massachusetts · Mar 15, 2012

Because the Freemans have failed to establish a constitutional violation, the Court does not need to address the Defendants’ argument that they are entitled to qualified immunity. Ruiz-Casillas v. … Callahan, 555 U.S. 223, 242 , 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009) (where qualified immunity is raised, "the judges of the district courts and courts of appeals are in the best position to determine the order of decision

Finch v. Commonwealth Health Insurance Connector Authority

459 Mass. 655 · Massachusetts Supreme Judicial Court · May 6, 2011

Indeed, for three years after Massachusetts established the program, Commonwealth Care provided benefits to qualified aliens without any suggestion that such benefits were in violation of or inconsistent with PRWORA. … Although it is clearly established, the precise source of Congress’s plenary *672 authority over the entrance and expulsion of aliens, and thus the conditions of their residency, is unclear.

Brunner v. Stone & Webster Engineering Corp.

413 Mass. 698 · Massachusetts Supreme Judicial Court · Nov 19, 1992

A plaintiff would clearly establish a prima facie case, for example, by showing that she is a woman whom the employer discharged despite her qualifications, and that the employer thereafter filled that position, or attempted … The plaintiff’s second argument is that Stone & Webster’s assertion that the plaintiff was less qualified for continued employment because she was untrained in the use of automated equipment was a pretext because Stone &

Commonwealth v. Cruz

90 Mass. App. Ct. 60 · Massachusetts Appeals Court · Aug 18, 2016

L. c. 94C, § 32J, the Commonwealth is required to produce sufficient evidence to establish that the school is one of the types enumerated in the statute." Commonwealth v. Gonzales, 33 Mass. App. … The motion judge's finding that the defendant presented no evidence to support his claim was not clearly erroneous, and therefore, the defendant was not deprived of a substantial ground of defense.

Fredericks v. Vartanian

529 F. Supp. 264 · District Court, D. Massachusetts · Dec 16, 1981

four years and until their successors are duly elected or qualified, [emphasis supplied]). … In the absence of such rules or understandings, a protectable property interest has not been established.

Johnstone

72 Mass. App. Ct. 123 · Massachusetts Appeals Court · Jun 25, 2008

his previous thinking “very clearly” as a cognitive distortion involving issues of “jealousy and power and control and entitlement.” … L. c. 123 A, § 9, requires that one of the qualified examiners opine that a petitioner is currently sexually dangerous in order for the Commonwealth to establish a prima facie case.

Kaplan v. Plymouth Rock Assurance Corp.

2008 Mass. App. Div. 160 · Massachusetts District Court, Appellate Division · Jul 25, 2008

The memorandum, Kaplan contends, contained judicial admissions establishing the connection of Kaplan’s treatment to the *161 motor vehicle accident. … Based on his subsequent ruling, the trial judge clearly chose not to bind Plymouth Rock to the qualified and limited rendition of the facts by its attorney.

Instant Image Print Shop, Inc. v. Lavigne, Keating, Halstead, Inc.

1998 Mass. App. Div. 74 · Massachusetts District Court, Appellate Division · Apr 15, 1998

Keating (Keating), attempting to establish Keating’s personal liability for debts incurred by LaVigne Keating Co., Inc., (the Corporation), a Massachusetts corporation of which Keating was treasurer and director. … An individual is not immunized as an officer of a corporation for the acts he is alleged to have committed personally. Nader v. Citron, 372 Mass. 96, 102 (1977).

Alcoa Building Products, Inc. v. Commissioner of Revenue

440 Mass. 224 · Massachusetts Supreme Judicial Court · Oct 21, 2003

It establishes a “minimum standard” for the imposition of a State net income tax based on solicitation of interstate sales, Wisconsin Dep’t of Revenue v. … To qualify for the de minimis exception, the nonimmune activities of the company must be analyzed as a whole (and not individually), Kennametal, Inc. v.

Bergner & Engel Brewing Co. v. Dreyfus

172 Mass. 154 · Massachusetts Supreme Judicial Court · Oct 28, 1898

But we do not suppose that it would be suggested that a natural person, a creditor who was a citizen of another State, lost his immunity and became a party to the proceedings merely by his accidental presence in the Commonwealth … power of a State over the contracts of its citizens is limited by the power to make them parties to the proceedings in insolvency, does not seem to us well founded, because we think that the effect of the insolvent law *163 qualifies

Crosspoint Associates, Inc. v. Papas

3 Mass. L. Rptr. 62 · Massachusetts Superior Court · Nov 7, 1994

Furthermore, defendants argue that notwithstanding their First Amendment immunity, plaintiff has failed to allege the required elements of its state common law/statutory claims. … Clearly, plaintiffs complaint argues that Emery knew that the Corps lacked jurisdiction and despite this knowledge proceeded to petition the Corps for relief.

Gahagan v. Boston & Lowell Railroad

83 Mass. 187 · Massachusetts Supreme Judicial Court · Jan 15, 1861

The cases cited by the plaintiff depend upon a different principle, where the acts proved might fairly be regarded as designed to be a preparation for, or commencement of, the principal fact to be established. … If there were any other facts or circumstances in.evidence tending to qualify or control the effect of this, they should have been stated in the bill of exceptions. Judgment on the verdict.

Sarvis v. Boston Safe Deposit & Trust Co.

47 Mass. App. Ct. 86 · Massachusetts Appeals Court · Jun 9, 1999

L. c. 258 abrogated governmental tort immunity). See also G. L. c. 151B, §§ 1(1), 1(5), and 4. … Pape, 365 U.S. 167 (1961), which conferred complete immunity upon municipalities under § 1983.