Case law

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.

Nilsen v. Massachusetts Department of Revenue

557 B.R. 1 · District Court, D. Massachusetts · Sep 6, 2016

Nilsen named the Internal Revenue Service (the "IRS”) as a party in this case, but as the IRS is generally immune from suit, Lawson v. United States Internal Revenue Servs., C.A. … IRS Form 1040 clearly states “U.S. Individual Income Tax Return” in bold typeface across the top. Form 1040-IRS.gov, https:// www.irs.gov/pub/irs-pdf/fl040.pdf, (2015).

Commonwealth v. Davis

54 Mass. App. Ct. 756 · Massachusetts Appeals Court · May 17, 2002

The defendant and Alice 1 had encountered each other while socializing with mutual friends and acquaintances at several drinking establishments on the evening in question. … Fuller, 399 Mass. 678, 682-683 (1987), the statements of a child victim of sexual assault, which were admitted into evidence as an excited utterance, clearly would also have qualified as fresh complaint.

DOE v. TOWN OF NORTH ANDOVER

District Court, D. Massachusetts · May 16, 2023

“Qualified immunity protects government officials from trial and monetary liability unless the pleaded facts establish ‘(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly … “If either of the two prongs is not met—i.e., if the facts do not show a constitutional violation or the right in question was not clearly established—the officer is immune.

Civitarese v. Town of Middleborough

412 Mass. 695 · Massachusetts Supreme Judicial Court · May 20, 1992

The only clearly mandatory provision of c. 703 concerning by-laws is the requirement within § 2 that the town must adopt by-laws to register mobile home park owners. … Significantly, § 2 clearly requires the town to regulate mobile home park rents without any reference to by-laws.

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

Commonwealth v. Williams

378 Mass. 217 · Massachusetts Supreme Judicial Court · Jun 11, 1979

Now it has been established in the course of this trial that Adams, the former co-defendant, did participate in the... robbery. … In the context of his explanation of felony murder, the judge clearly and adequately set forth the principles of acting in concert.

Commonwealth v. Hernandez

481 Mass. 189 · Massachusetts Supreme Judicial Court · Jan 9, 2019

Even if evidence is exculpatory, a defendant seeking a new trial must still establish prejudice. Commonwealth v. Murray, 461 Mass. 10, 20- 21 (2011). … Because the events themselves occurred posttrial, they do not qualify as newly discovered evidence. Accord Commonwealth v.

Thomas v. Commissioner of Division of Medical Assistance

425 Mass. 738 · Massachusetts Supreme Judicial Court · Aug 14, 1997

At the same time, the MCCA was designed to eliminate loopholes which allowed couples to qualify for Medicaid even though they had substantial resources. See Cleary v. Waldman, 959 F. Supp. 222, 229 (D.N.J. 1997). … institutionalized spouse was not guaranteed on the death of the latter, it seems unlikely that Congress would require States to create an endowment which would forever provide the community spouse with income and totally immunize

Massachusetts Insurers Insolvency Fund v. Berkshire Bank

475 Mass. 839 · Massachusetts Supreme Judicial Court · Nov 3, 2016

The Fund is a nonprofit, unincorporated legal entity established in 1970 to provide a limited form of protection from insurer insolvencies. G. L. c. 175D, inserted by St. 1970, c. 261. See Clark Equip. Co. v. … Ct. 167, 172 (2007), opined that "[t]he net-worth provisions of [§] 17 (3) are clearly intended to make certain insureds that are capable of absorbing the loss that occurs when an insurer becomes insolvent bear that loss

Commonwealth v. Reed

23 Mass. App. Ct. 294 · Massachusetts Appeals Court · Dec 30, 1986

The manager’s testimony established the existence of all four factors. 2 The record involved entries made into *299 inventory when goods were received, and then reports made of sales, with corresponding debits from inventory … In any event, we conclude that the information qualified as a business record and that the defects argued on appeal went to weight.

Fruchtman v. Maloney

8 Mass. L. Rptr. 288 · Massachusetts Superior Court · Mar 20, 1998

under Title XVT of the Social Security Act, or the Medicaid Program, 42 U.S.C. 1396, et seq., or (b) a person whose income, after taxes, is one hundred twenfy-five percent or less of the current poverty threshold annually established … Clearly, Fruchtman has access to funds sufficient to pay the modest costs associated with initiating a civil action in the Superior Courts of the Commonwealth.

Mahoney v. Boston Elevated Railway Co.

271 Mass. 274 · Massachusetts Supreme Judicial Court · May 26, 1930

A juror would be likely to err by remembering a partial statement and neglecting a somewhat distant qualification; or by fixing in mind one qualifying word and failing to note another which had a different connotation. … We do not believe the jurors could appreciate the importance or the application of the principle which the defendant was entitled to have plainly stated and clearly emphasized.

In Re Production of Records to the Grand Jury

618 F. Supp. 440 · District Court, D. Massachusetts · Oct 2, 1985

Foreperson establishing two specific elements. … The Massachusetts legislature speaks clearly about privileged communications between a patient and his or her social worker. Mass.Gen.Laws chs. 66A, 112 § 135, and 119 § 51E.

Reidy v. Travelers Insurance

928 F. Supp. 98 · District Court, D. Massachusetts · Jun 3, 1996

In order to establish a prima facie case of handicap discrimination in employment under Chapter 151B, plaintiff must produce evidence showing that 1) he is a handicapped person, 2) in spite of his handicap, he is qualified … In order to establish the second element, plaintiff must show that, despite his handicap, he was qualified for the position from which he was terminated.

MULLEN v. Department of Corrections of Massachusetts

District Court, D. Massachusetts · Nov 28, 2022

Defendants argue they are entitled to qualified immunity for all excessive force claims. … In the First Circuit, the qualified immunity analysis consists of determining whether the allegations “make out a violation of a constitutional right” and, if so, “whether the right was clearly established at the time

School Committee v. Robishaw

456 Mass. 653 · Massachusetts Supreme Judicial Court · May 4, 2010

L. c. 71, § 42, for “conduct unbecoming a teacher” should be vacated where arbitrator “found facts and described those facts in a manner that clearly establishes . . . ‘conduct unbecoming a teacher’ ”). 11 Conclusion. … Robishaw did not qualify for this exemption.

Johnson v. Town of Duxbury

District Court, D. Massachusetts · Oct 23, 2018

Qualified Immunity for Defendant Clancy Johnson contends that qualified immunity does not apply because no reasonable chief or municipality would have understood … To determine whether a law enforcement officer is entitled to qualified immunity, courts consider whether: 1) plaintiff’s allegations establish a constitutional violation, 2) the constitutional

Coyne v. City of Somerville

770 F. Supp. 740 · District Court, D. Massachusetts · Aug 27, 1991

In any event, inasmuch as this court concludes that plaintiff fails to state a claim under § 1983, there is no occasion to discuss the matter of qualified immunity at any length. … clearly established statutory or constitutional rights of which a reasonable person would have known."