Case law

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.

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.

Keenan

310 Mass. 166 · Massachusetts Supreme Judicial Court · Oct 31, 1941

A statutory provision to that effect clearly would constitute interference by the legislative department with the judicial department. Opinion of the Justices, 279 Mass. 607, 611 ; 289 Mass. 607, 613 . … Clearly, no person who has been disbarred should be again admitted to the bar if he does not *176 possess the qualities essential to original admission, though, conceivably, requirements as to a particular course of study

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, .

Breslin v. School Committee of Quincy

20 Mass. App. Ct. 74 · Massachusetts Appeals Court · May 17, 1985

Thereafter the school committee established a screening committee to interview and recommend candidates. … The judge’s findings concerning the good faith and genuine nature of the selection process, the plaintiffs say, are, therefore, clearly erroneous.

BNE Massachusetts Corp. v. Sims

32 Mass. App. Ct. 190 · Massachusetts Appeals Court · Mar 2, 1992

On the judge’s subsidiary finding, not clearly erroneous, the trade price of $88 must be excluded from his calculation of fair value. See Sarrouf v. … Assuming the plaintiff’s statements are an accurate description of the transaction — an arm’s-length merger agreement which was the product of a “controlled auction” among six qualified bidders and approved by the officers

Commonwealth v. Devlin

365 Mass. 149 · Massachusetts Supreme Judicial Court · Apr 22, 1974

That testimony established far more than an adequate basis for the judge to rule that Dr. … Sosman was qualified to make. The defendants contend that the opinions of Dr.

Stamps v. Town of Framingham

38 F. Supp. 3d 134 · District Court, D. Massachusetts · Apr 16, 2014

Fed.R.Evid. 501. 2 *140 “In a discovery dispute, the burden to establish an applicable privilege rests with the party resisting discovery.” FDIC v. Ogden Corp., 202 F.3d 454, 460 (1st Cir.2000). … The Magistrate Judge’s *146 order granting the motion to compel as to those documents was not clearly erroneous or contrary to law. IV.

Ferrari v. Toto

9 Mass. App. Ct. 483 · Massachusetts Appeals Court · Mar 31, 1980

The statutory scheme which established the Fund seeks to avoid this sort of movement of funds among insurers. … In order to qualify as a “covered claim” under the statute, a claim must be unpaid. G. L. c. 175D, § 1(2). See Florida Ins. Guar. Assn. v. Dolan, 355 So.2d 141, 142 (Fla. Dist. Ct. App. 1978).

United States v. Fernandez

940 F. Supp. 387 · District Court, D. Massachusetts · Sep 18, 1996

In the absence of jury instructions, a court may resort to other “easily produced and evaluated court documents” that clearly establish the specific conduct underlying the defendant’s conviction. … Sweeten, 933 F.2d 765, 769-70 (9th Cir.1991), the court held that a sentencing court should not exclude in its inquiry "documentation or judicially noticeable facts that clearly establish that a conviction is a predicate

Piligian v. United States

642 F. Supp. 193 · District Court, D. Massachusetts · Jul 14, 1986

Subsection (d) creates an exception to this general grant of immunity. … Since the revenues generated by the rents are a function of the number of shoppers patronizing the concourse, it is clearly in the United States’ pecuniary self interest to open the concourse area to the general public.

Williams v. Lamusta

District Court, D. Massachusetts · Sep 25, 2024

Qualified immunity provides that “government officials performing discretionary functions” are generally “shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … If this Court were to rule on the qualified immunity of the state troopers, it could potentially interfere with the state court’s adjudication of that motion, particularly its determination of whether the officers followed

Richard C. Young & Co., Ltd. v. Leventhal

298 F. Supp. 2d 160 · District Court, D. Massachusetts · Dec 3, 2003

The letter clearly indicates that an arbitrator had yet to be appointed at the time a determination regarding venue was made. … This argument is valid as far as it goes, but venue may be established in other ways.

Nolet v. Armstrong

197 F. Supp. 3d 298 · District Court, D. Massachusetts · Jul 15, 2016

Objectively, he must establish that the deprivation alleged was “sufficiently serious.” Id. … Public employees are immune from tort liability pursuant to Mass. Gen.

Contardo v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

753 F. Supp. 406 · District Court, D. Massachusetts · Dec 14, 1990

With respect to this case, it would appear that the plaintiff’s prima facie case is established by evidence that she is a member of a protected class, that she was qualified to participate in the employment opportunities … Even the employment examination was clearly designed to be answered by men.

Catlin v. Board of Registration of Architects

414 Mass. 1 · Massachusetts Supreme Judicial Court · Dec 23, 1992

He urges that the proper interpretation of “prepared” would include any acts which adapted, qualified, or made ready the plans for use. … The statutory scheme which the Commonwealth adopted to establish such protection does not excessively burden out-of-State architects.

Nash v. Cutler

33 Mass. 491 · Massachusetts Supreme Judicial Court · Mar 15, 1835

To construe a gift as of a joint estate, under this statute, it must appear that the distinction between a joint estate and a tenancy in common, was in the mind of the donor, and that he clearly intended to create a joint … children, one of them shall happen to die in infancy, that is, at any time before arriving at the age, at which, by law, he has the power of disposing of his estate, and before he has by marriage contracted obligations and established

Soneeya v. Spencer

851 F. Supp. 2d 228 · District Court, D. Massachusetts · Mar 29, 2012

Soneeya with an individualized evaluation by a qualified medical professional as to her readiness for sex reassignment surgery, and the security implications thereof. … of its Eleventh Amendment immunity.” 190 Because the Commonwealth has not waived its Eleventh Amendment immunity for actions seeking to enforce rights secured by Article 114 in Federal Court, this court does not have jurisdiction