Case law

In Re GHR Companies, Inc.

41 B.R. 655 · United States Bankruptcy Court, D. Massachusetts · Jul 27, 1984

By way of affidavit, he says his files contain only information gathered or prepared for counsel in anticipation of litigation and, therefore, constitute qualified privileged attorney work-product. … [and] establishes a general policy in favor of the confidentiality of tax returns and the information underlying them.

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.

Clauson v. City of Springfield

848 F. Supp. 2d 63 · District Court, D. Massachusetts · Mar 22, 2012

To be sure, Plaintiff also asserts that the requirement in subparagraph (a) of section 1415 — which mandates that the state “establish and maintain procedures ... to ensure that children with disabilities and there parents … from conditioning the receipt of federal funds on a state’s waiver of Eleventh Amendment immunity); M.A. ex rel.

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.

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.

Commonwealth v. Manning

41 Mass. App. Ct. 696 · Massachusetts Appeals Court · Nov 22, 1996

To qualify as “distinctive” for Sixth Amendment purposes, a group must: 1) be defined and limited by some clearly identifiable factor; 2) have a common thread or basic similarity in attitude, ideas, or experience running … Belief systems do not excuse acts that have lawfully been established to be criminal. Commonwealth v. Nis-senbaum, 404 Mass. 575, 583 (1989).

Rouleau v. Maki Corp.

19 Mass. L. Rptr. 535 · Massachusetts Superior Court · May 26, 2005

See Larkin , 405 Mass, at 181 (services contract alone insufficient to establish implied contract-based right to indemnification); Decker , 389 Mass, at 38 (sales agreement alone insufficient to establish implied contract-based … The plain language of the indemnity provision clearly evidences an intent on the part of the contracting parties that Bret was to indemnify Metrowest.

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.

In Re Village Green Realty Trust

113 B.R. 105 · United States Bankruptcy Court, D. Massachusetts · Apr 30, 1990

Clearly, the early cases establish the beginnings of a framework for the analysis of filings by trusts. … Likewise, the Court clearly recognizes and will not tolerate the unfairness of allowing Mr.

Kace v. Liang

472 Mass. 630 · Massachusetts Supreme Judicial Court · Sep 10, 2015

Although McMeeking's exam duration opinion should have been more clearly disclosed as the grounds of his ultimate opinion regarding the defendant's deviation from the standard of care, the exam duration opinion - - as … to use pursuant to § 803(18)(B) must be established -- which means establishing that the contents of the specific article, Web page, or other material was authored or 25 The defendant does not challenge here

Sigros v. Walt Disney World Co.

129 F. Supp. 2d 56 · District Court, D. Massachusetts · Jan 8, 2001

Disney is a Florida corporation qualified to do business in Florida and California and has its principal place of business in Florida. … Rather, that advertising was clearly intended to entice Massachusetts residents to visit the Walt Disney World Resort.

RACHEL STEPHANO v. MORRIS HEALTHCARE LLC, & Another.

Massachusetts Appeals Court · Jun 28, 2024

Ct. 231, 235 (1982) (although summary judgment record may have supplied "at best a toehold to establish" liability, that "is enough to survive a motion for summary judgment"). … The application of the COVID-19 immunity act.

Ballinger v. Town of Kingston

District Court, D. Massachusetts · Dec 10, 2019

The doctrine of qualified immunity protects public employees “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … established’ for purposes of the Harlow qualified immunity standard.”

Commonwealth v. Gomes

459 Mass. 194 · Massachusetts Supreme Judicial Court · Mar 31, 2011

In those recorded telephone calls the defendant referred to his girl friend, who testified at trial pursuant to a grant of immunity, as a “snitch” and a “rat.” 2. View by jury. … “There is no requirement that testimony on a question of discrete knowledge come from an expert qualified in that subspecialty rather than from an expert more generally qualified.” Commonwealth v.

Syrjala v. Town of Grafton

District Court, D. Massachusetts · Mar 24, 2020

Qualified Immunity Defendants assert that they are entitled to qualified immunity on Plaintiff’s federal and state civil rights claims. … The doctrine of qualified immunity protects public employees “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Milazzo v. Sentry Insurance

691 F. Supp. 517 · District Court, D. Massachusetts · Nov 6, 1987

In light of these well established rules, Sentry’s determination that Kane’s policy did not cover Milazzo’s injury claims, because Milazzo was an excluded “guest occupant” under the circumstances of her case, was clearly … Further, I do not find the Magistrate’s Order either clearly erroneous or contrary to law.

Ventura v. Hanitchak

719 F. Supp. 2d 132 · District Court, D. Massachusetts · Jun 18, 2010

First, the plaintiff must establish a prima facie case of age discrimination. … The evidence clearly demonstrates that Ventura was replaced as a result of her failure to report to work when promised, not her alleged disability.

Cameron v. Tomes

783 F. Supp. 1511 · District Court, D. Massachusetts · Feb 14, 1992

immunity. … Rather, a qualified professional must make a determination as to Cameron’s particular risk. I.

Polak v. Riverside Marine Construction, Inc.

22 F. Supp. 3d 109 · District Court, D. Massachusetts · May 28, 2014

“The LHWCA establishes a comprehensive federal worker’s compensation scheme which holds employers liable, irrespective of fault, for securing the payment of the prescribed compensation to qualified maritime employees injured … See Morehead, 97 F.3d at 605 (“In its capacity as [plaintiffs] employer, [defendant] is immune from tort actions brought by covered employees like [plaintiff].

In re McCarthy

553 B.R. 459 · United States Bankruptcy Court, D. Massachusetts · Jul 11, 2016

The party seeking to establish that its debt is excepted from discharge bears the burden of proof by a preponderance of the evidence. Grogan v. … Since the statute uses the disjunctive, a tax penalty that does not qualify for discharge under one of the two aforementioned circumstances may still qualify under the other. 1.