Case law

Commonwealth v. Garabedian

399 Mass. 304 · Massachusetts Supreme Judicial Court · Feb 25, 1987

Although he acknowledges that the witnesses were competent to testify in the areas for which they were qualified, the defendant contends that they were not qualified to render opinions as to whether the defendant was intoxicated … Both witnesses were experienced clinical psychiatrists who were clearly qualified to testify concerning the defendant’s condition at the time of the death under the standards announced in Commonwealth v. McHoul, supra.

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

Case of Burpee

1 Rep. Cont. El. 359 · Massachusetts House of Representatives · Jul 1, 1838

the session], removed from the commonwealth of Massachusetts, into the state of Vermont, with an intention of becoming a citizen of the last named state; 2d, That the said Burpee is not possessed of sufficient estate to qualify … The evidence on the second point was insufficient to establish that allegation of the petitioners; therefore, your committee were required to consider but one single point. First premising that Mr.

Hein-Werner Corp. v. Jackson Industries, Inc.

364 Mass. 523 · Massachusetts Supreme Judicial Court · Jan 28, 1974

Clearly, it is not necessary to show that the parties have actually bought and sold appropriate motor vehicles. … That Jackson had the power to accept orders for such motor vehicles is sufficient to establish the status of Hein-Werner as one who made an offer of c. 93B motor vehicles and to establish that the parties had business dealings

Commonwealth v. Toomey

350 Mass. 345 · Massachusetts Supreme Judicial Court · Mar 4, 1966

L. c. 268, § 10, of clearly appropriate words to describe the Turnpike Authority, the purpose of the statute supports construing the word “department” to include it. … The Authority does not enjoy sovereign immunity. § 15.

Latherizer Corp. v. Department of Public Utilities

278 Mass. 454 · Massachusetts Supreme Judicial Court · Mar 15, 1932

The plaintiff arranged for the sale of its securities through a qualified broker. … The meager facts alleged, if proved, would not establish the invalidity of the commission’s action.

Ram v. Town of Charlton

409 Mass. 481 · Massachusetts Supreme Judicial Court · Mar 7, 1991

Before the statutes were enacted, all claims against government entities for injuries caused by defects in public ways were barred by the doctrine of sovereign immunity. … Commonwealth, it established limitations and conditions on that waiver.

Smith v. Bell Atlantic

13 Mass. L. Rptr. 397 · Massachusetts Superior Court · Jul 18, 2001

has failed to establish a retaliation claim. … Bell Atlantic has not submitted any official description of Smith’s position, and therefore, there is no clearly defined list of essential functions that Smith must prove she could perform.

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.

Lakin v. Ames

64 Mass. 198 · Massachusetts Supreme Judicial Court · Oct 15, 1852

the organization of the parish, and eight years after the erection of a meeting-house, the second precinct in the town of Groton was incorporated into a separate district by the name of Pepperell, with all the powers and immunities … It indicates very clearly an intention to set apart the small tract thus excepted out of the grant, to some special purpose.

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.

Hogan v. Eastern Enterprises/Boston Gas

165 F. Supp. 2d 55 · District Court, D. Massachusetts · Sep 27, 2001

, claim preclusion, or the statute of limitations. *58 Defenses that require a factual review to be established (as ordinarily occurs with qualified immunity, for example) should not support a dismissal for failure to state … If, however, the complaint itself sets forth facts showing that qualified immunity applies, the court may properly dismiss the claim. 2 Moore’s Federal Practice, § 12.34[4][b] (Matthew Bender 3d ed.)

Jackson v. Harvard University

721 F. Supp. 1397 · District Court, D. Massachusetts · Aug 14, 1989

[Does the work] ‘... establish her reputation as a respected researcher in Marketing^?]” … Consequently, she claims, defendants’ articulation of her alleged lack of creativity as the reason she was denied tenure was clearly pretextual.

Sargeant v. Commissioner of Public Welfare

383 Mass. 808 · Massachusetts Supreme Judicial Court · Jun 30, 1981

In waiving its ‘immunity’ under G. … Clearly, the plaintiff is an aggrieved person within the meaning of G. L. c. 118E, 5 22, and G. L. c. 30A, § 14.

Berry v. Dunham

202 Mass. 133 · Massachusetts Supreme Judicial Court · May 21, 1909

Tappan, 127 Mass. 333, 336 , which antedated both instruments, had clearly recognized this right. … The construction to be given then, as to whether there was an absolute gift of income or only a qualified interest not within the control of the beneficiary, well may rest on the law of those decisions as interpreted in the

Alexander v. Clarke

28 Mass. L. Rptr. 291 · Massachusetts Superior Court · May 3, 2011

An inmate’s commitment number is established when he or she is committed to a prison. … In the alternative, Marshall, Clarke, and Groblewski argue that they are entitled to qualified immunity. However, there is insufficient information in the record to decide the issue at this time.

Doe v. Sex Offender Registry Board

82 Mass. App. Ct. 152 · Massachusetts Appeals Court · Jul 16, 2012

Qualifying convictions are enumerated in the statute and are defined only in terms of offenses, not underlying conduct. 7 See, e.g., Doe, Sex Offender Registry Bd. No. 151564 v. … While this paragraph also adds a further component to the statutory scheme, it balances the clearly articulated purpose of the legislation to protect vulnerable victims with the also clearly articulated constitutional rights

Commonwealth v. Arment

412 Mass. 55 · Massachusetts Supreme Judicial Court · Feb 27, 1992

If the report of the qualified examiners to the court as required under section five indicates that such prisoner is not a sexually dangerous person, the court shall order such prisoner to be reconveyed to the institution … If such report clearly indicates that such prisoner is a sexually dangerous person, the clerk shall thereupon notify the court and the district attorney, and the district attorney shall file a petition for commitment of the

In the Matter of Moran

Massachusetts Supreme Judicial Court · Apr 20, 2018

The hearing committee's findings establish, however, that the witness has many years of experience in numerous aspects of probate law, and previously has been qualified and testified as an expert in bar discipline cases. … He charged and collected clearly excessive fees from two clients and, after their deaths, from their estates.

Shawmut Bank, N.A. v. Buckley

422 Mass. 706 · Massachusetts Supreme Judicial Court · May 17, 1996

to fifty per cent of the value of [her] adjusted gross estate as finally determined for federal estate tax purposes . . . but only to the extent that such interests are included in determining my gross taxable estate and qualify … In addition, the construction of a testamentary instrument “clearly turns on questions of State law,” Dana v.