Case law

Mersick v. Bilafsky

205 Mass. 488 · Massachusetts Supreme Judicial Court · May 17, 1910

He attempted to qualify and explain this, but it was for the jury to give his testimony such weight as they thought it fairly entitled to. … It clearly could not have been ruled, it seems to us, that there was no evidence warranting a finding that the defendants were partners. See Bagley v. Wonderland Co. 205 Mass. 238 .

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.

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.

Commissioner of Metropolitan District Commission v. Director of Civil Service

348 Mass. 184 · Massachusetts Supreme Judicial Court · Dec 7, 1964

and, if they are found so qualified, they are to be preferred in appointment . . .. … A pardon clearly granted because of the wrongful conviction of an innocent person might present questions not raised by this record. See Matter of Kaufman, 245 N.

Massachusetts Baptist Missionary Society v. Bowdoin Square Baptist Society

212 Mass. 198 · Massachusetts Supreme Judicial Court · May 27, 1912

Whoever else, therefore, may be, or claim to be, cestuis que trust, the holders of pews are clearly entitled to stand in that relation.” Attorney General v. Federal Street Meeting House, 3 Gray, 1 , 45, 47. … A decree may be entered establishing its rights in accordance with this opinion. So ordered.

Mukulukusso v. Doogan

District Court, D. Massachusetts · Nov 16, 2023

Qualified Immunity The moving individual defendants argue that they are entitled to qualified immunity from the § 1983 claims. … Thus, those arguments cannot justify qualified immunity for the excessive force claims. d.

Vita v. Berman, DeValerio & Pease, LLP

81 Mass. App. Ct. 748 · Massachusetts Appeals Court · May 17, 2012

Block further testi *752 fled that Hillger’s removal was a “strategic decision” and not based on lack of standing or his failure to qualify as a plaintiff. … Here, BDP claims there was insufficient evidence to establish that the parties had an agreement as to the payment of a ten percent referral fee for the PSC litigation.

Freeman v. Massachusetts Bay Turnpike Authority

12 Mass. L. Rptr. 621 · Massachusetts Superior Court · Dec 15, 2000

S. 247, 267-71 (1981) (discussing policy considerations underlying municipal immunity from punitive damages, in context of construing federal civil rights act as preserving that immunity). 10 The factor of litigation costs … To the contrary, in response to the Court’s specific inquiry at a pre-trial hearing as to whether the law clearly subjects the MBTA to punitive damages, all counsel agreed that it does.

Hill v. City of Boston

122 Mass. 344 · Massachusetts Supreme Judicial Court · Mar 12, 1877

to erect and constitute municipal or city governments, in any corporate town or towns in this Commonwealth, and to grant to the inhabitants thereof such powers, privileges and immunities, not repugnant to the Constitution … The decisions in North Carolina and Alabama appear to have proceeded upon the ground that the corporation had received a peculiar benefit in the special privileges and immunities granted to it. In Meares v.

Chelsea Collaborative, Inc. v. Sec'y of the Commonwealth

480 Mass. 27 · Massachusetts Supreme Judicial Court · Jul 2, 2018

"[W]here the [C]onstitution has conferred a political right," we wrote, "it is clearly within the just and constitutional limits of the legislative power" to regulate "the time and mode of exercising that right," so as "to … to register to vote as a specially qualified voter.

Hutchins v. City of Springfield

District Court, D. Massachusetts · Jan 16, 2018

await trial -- they have no need of qualified immunity. … No principle of qualified immunity will protect them.

Commonwealth v. Zeininger

459 Mass. 775 · Massachusetts Supreme Judicial Court · May 24, 2011

L. c. 90, § 24K, establish an office of alcohol testing (OAT) within the State police crime laboratory. 501 Code Mass. Regs. § 2.10. … Washington, 541 U.S. 36, 52 (2004) (holding, inter alia, “both the calibration and solution testing records are clearly ‘made under circumstances which would lead an objective witness reasonably to believe that the statement

Children's Health Rights of Massachusetts, Inc. v. Belmont Public School District

Massachusetts Appeals Court · Jun 23, 2023

Public Health, Immunization. Constitutional Law, Standing. Practice, Civil, Standing, Preliminary injunction. Declaratory Relief. … These allegations establish that the plaintiff's interest is within the area of concern of the policy at issue.

Dao Bui v. Vazquez

1999 Mass. App. Div. 5 · Massachusetts District Court, Appellate Division · Jan 13, 1999

After a two day trial, the trial judge made express written findings clearly stating that he affirmatively disbelieved the plaintiffs’ testimony and was unpersuaded that they were either in the car at the time in question … Such qualified statements fell well short of establishing any inability to be impartial or to rule fairly. See Haddad v.

The Packet

18 F. Cas. 969 · U.S. Circuit Court for the District of Massachusetts · May 15, 1824

The claim of Swett & Hammond is framed so as to present only a general and absolute proprietary interest, and gives not the slightest intimation of such a qualified interest, as is now asserted. … Steiglitz & Co., so as to establish them to be the returns of that shipment. But it appears to me, that the evidence clearly establishes this fact. Then again it is objected, that Messrs.

Jones v. Walgreen Co.

765 F. Supp. 2d 100 · District Court, D. Massachusetts · Feb 24, 2011

Clearly, though, the issue is not whether she was employed as a Store Manager, which she indisputably was, but whether she was able to perform the essential functions of the position. “ ‘An ADA plaintiff may not rely on past … performance to establish that [s]he is a qualified individual without accommoda *108 tion when there is undisputed evidence of diminished or deteriorated abilities.’ ” Richardson v.

De Allende v. Shultz

709 F. Supp. 18 · District Court, D. Massachusetts · Mar 13, 1989

Wilderness Society, 421 U.S. 240 , 95 S.Ct. 1612 , 44 L.Ed.2d 141 (1975), and creates a limited waiver of the common law doctrine of sovereign immunity. Lane v. … In rejecting the government’s interpretation of subsection 27, the court stated: The language of subsection 27 clearly articulates the scope of the provision ... [and] establishes clear criteria for exclusion ...

Commonwealth v. Campbell

415 Mass. 697 · Massachusetts Supreme Judicial Court · Jul 8, 1993

Because we must construe the meaning of a criminal statute, we note again: “It is a well-established proposition that criminal statutes are to be construed narrowly. … Moreover, the Commonwealth indicated clearly at trial that it was proceeding solely on the question of partnership.

Haven v. Hilliard

40 Mass. 10 · Massachusetts Supreme Judicial Court · Oct 15, 1839

They were to be thus qualified, that they might become testifying witnesses, to prove the will. … It intended to make those who were competent to testify, on the trial, if qualified in like manner, credible witnesses of the execution.

Clark v. Holden

73 Mass. 8 · Massachusetts Supreme Judicial Court · Oct 15, 1856

As the defendants were bound to establish their justification, the burden was on them to show that, in cutting the wood in controversy, a lasting damage had been done to the freehold or inheritance. … It was therefore clearly erroneous in the judge to instruct the jury that the defendants were bound to show that the cutting of the wood by the tenant in dower was not done in good faith. Exceptions sustained, .