Case law

Ferrari v. Barclays Business Credit, Inc. (In Re Morse Tool, Inc.)

108 B.R. 389 · United States Bankruptcy Court, D. Massachusetts · Dec 22, 1989

The existence of such creditors is established and uncontroverted. Therefore, I conclude that the Trustee has standing to proceed under sections 5 and 7 of G.L. c. 109A. … Tabor Court Realty Corp., 803 F.2d 1288 , 1297 and notes 2 and 3 (3rd Cir.1986) (“The application of fraudulent conveyance law [the UFCA] to certain leveraged buy-outs is not clearly bad public policy.”

Langhammer v. Hamilton

194 F. Supp. 854 · District Court, D. Massachusetts · May 31, 1961

That the concealment of this type of information by an alien applying for entrance into the United States is material is clearly proved by Duran-Garcia v. … Plaintiff’s membership in the Communist Party of a foreign State prevents his coming within the class of persons described in 8 U.S.C.A. § 1251 (a) as amended, and for that reason he cannot qualify for relief by reason of

Wing v. Commonwealth

359 Mass. 286 · Massachusetts Supreme Judicial Court · Apr 15, 1971

The witness’s testimony established that he was fully familiar with the property, having “sold qmte a lot of property down in that vicinity,” and that he had seen the bog several times in ten years. “ The modern and more … The admission of such evidence is clearly discretionary with the trial judge. Congregation *292 of the Mission of St. Vincent de Paul v. Commonwealth, 336 Mass. 357, 359 . Brush Hill Dev. Inc. v.

Cousineau v. Laramee

388 Mass. 859 · Massachusetts Supreme Judicial Court · Apr 21, 1983

Dearden is clearly applicable to the case at bar. … Indeed, the Legislature has stated clearly in G.

Schultz v. Doher

District Court, D. Massachusetts · Sep 27, 2018

Qualified immunity serves as a shield to government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … 2) whether the right was clearly established at the time of the alleged violation.

Newcomb v. Williams

50 Mass. 525 · Massachusetts Supreme Judicial Court · Sep 15, 1845

So we think payment to one named as trustee, but not qualified to act as such, would be no valid payment. … But, in the present case, the trustee could not be qualified without giving bond; being within none of the exemptions in Rev.

Canterbury Liquors & Pantry v. Sullivan

999 F. Supp. 144 · District Court, D. Massachusetts · Mar 18, 1998

As described below, in its proposed form of judgment, the ABCC for the first time has suggested that a portion of the regulations should be severed from those that' are clearly invalid under this court’s ruling and should … Rather, the 1985 Opinion of the Attorney General addressing the then proposed regulations clearly indicates that the requirement that price lists be filed was primarily intended to implement the statutory requirement that

Arlington Housing Authority v. Secretary of Communities & Development

409 Mass. 354 · Massachusetts Supreme Judicial Court · Feb 20, 1991

Regs. § 44.08 states that local housing authorities shall determine in their discretion “whether an applicant that is otherwise eligible and qualified for rental assistance pursuant to these regulations is eligible for one … However, c. 121B, § 44, clearly appears to create preferences without any such limitation.

DiBenedetto v. Hall

176 F. Supp. 2d 45 · District Court, D. Massachusetts · Aug 25, 2000

The Clearly Established Federal Law in Light of SJC’s Decision in Com. v. DiBenedetto 1. … Clearly Established Federal Law on the Sufficiency of the Evidence in Light of Com. v.

Houle v. LaFlamme

District Court, D. Massachusetts · Aug 24, 2021

The officers assert that they are entitled to qualified immunity. Defs’ Mem. 14 [#14]. … They argue further that any constitutional right was not “clearly established” and that their actions are therefore protected under to qualified immunity. Id. at 14; see Morelli v.

Richardson v. Boston Chemical Laboratory

50 Mass. 42 · Massachusetts Supreme Judicial Court · Mar 15, 1845

Such seems to be the rule established by numerous authorities, in this Commonwealth and elsewhere. Thayer v. Brackett, 12 Mass. 450 Loring v. Cooke, 3 Pick. 48 . Wood v. Hitchcock, 20 Wend. 47 . Brooklyn Bank v. … This condition the plaintiff could not legally annex to the tender of the money, and this would clearly render that tender of no effect. As to the other tenders the court express no opinion.

Tarpey v. Crescent Ridge Dairy, Inc.

47 Mass. App. Ct. 380 · Massachusetts Appeals Court · Jul 22, 1999

She was placed on prednisone therapy which allegedly compromised her immune system and led ultimately to her death from pneumonia. … Lastly, the motion argued that Rosenberg was not qualified to testify as to the reliability or general acceptance of the Deftos test.

Briggs v. A Light Boat

89 Mass. 287 · Massachusetts Supreme Judicial Court · Oct 15, 1863

On the contrary, there are several stipulations which clearly show a different intention. … Upon careful consideration of this ground of defence to the petitioners’ claim, we have been unable to discover any valid reason for the immunity which is set up in favor of the government.

United States v. Carta

620 F. Supp. 2d 210 · District Court, D. Massachusetts · Jun 4, 2009

Hebephilia Diagnosis Not Clearly Supported by DSM-IV-TR The first obstacle the Government faces in establishing that hebephilia is a valid diagnosis is that the term is not found in the DSM-IV-TR. 146 The DSM-IV-TR “is a … Similarly problematic is determining what age range qualifies as adolescence.

Commonwealth v. Brown

456 Mass. 708 · Massachusetts Supreme Judicial Court · May 11, 2010

Just as the drug statutes do not operate as a blanket prohibition against prescribing controlled substances, neither does the registration scheme immunize registered physicians from prosecution for unlawful dispensing or … Where the Federal regulation cannot establish a criminal prohibition, § 19 clearly does.

Becky's Broncos, LLC v. Town of Nantucket

District Court, D. Massachusetts · Jul 12, 2024

Because municipalities are not sovereign entities, however, they do not automatically qualify for state action immunity under the Sherman Act. Rectrix Aerodome Ctrs., Inc. v. Barnstable Mun. Airport Comm’n, 534 F. … State-action immunity only applies “to the activities of local governmental entities if they are undertaken pursuant to a ‘clearly articulated and affirmatively expressed’ state policy to displace competition.”

Zimmermann v. Cambridge Credit Counseling Corp.

529 F. Supp. 2d 254 · District Court, D. Massachusetts · Jan 7, 2008

Consumerinfo.com, Inc., 436 F.Supp.2d 1220, 1230-31 (N.D.Ala.2005) (holding that company offering only credit monitoring services could qualify as CRO where its advertisements offered the opportunity to “establish” or “rebuild … Once it is established that CCCC, BCMC, CBBPC, and BC Mass do qualify as “credit repair organizations,” their violations of the specific statutory requirements of CROA are clear.

Coit v. Howd

67 Mass. 547 · Massachusetts Supreme Judicial Court · Sep 15, 1854

It was but hearsay evidence, and as such inadmissible, unless it can be clearly shown to be within some of the well known exceptions to the rule which excludes that species of testimony. … They were not declarations contemporaneous with the thing done and qualifying and giving character to it. They were only a narrative of what had been done.

Clark v. Inhabitants of Great Barrington

28 Mass. 260 · Massachusetts Supreme Judicial Court · Sep 19, 1831

But school districts are not required and have no power to establish or maintain schools. … When this committee acts on this subject officially, it necessarily acts as the agent of the town and the town is clearly bound by such acts.

Bacon v. Federal Kemper Life Assurance Co.

400 Mass. 850 · Massachusetts Supreme Judicial Court · Sep 14, 1987

Jones also stated that the beneficiary of a policy would not qualify as a disinterested witness. 2 Jones’s successor said that she eliminated Kemper’s requirement of a disinterested witness, although there was no evidence … Instead of adhering to well-established principles of review, the court makes the factual determination that Kemper acted with reasonable care.