Case law

Birbiglia v. St Vincent Hospital

3 Mass. L. Rptr. 407 · Massachusetts Superior Court · Dec 29, 1994

Levinson did not provide information relating to the plaintiff which was false and known by the defendant to be false, the immunity provisions of the HCQIA apply. The protections afforded by the HCQIA immunize Dr. … A plaintiff need not show that a single agent of the defendant knew all of the facts necessary to establish the defendant’s liability. Id.

Nisby v. Sheskey

2007 Mass. App. Div. 103 · Massachusetts District Court, Appellate Division · Jun 26, 2007

A refusal to sublet to a qualified tenant, or to permit assignment without reason, “was a substantial breach going to the root of the contract. ...” Aerostatic Eng’g Corp. v. Szczawinski, 1 Mass. App. … It is well established that a material breach by one party excuses the other party from further performance under the contract. Quintin Vespa Co. v. Construction Serv. Co., 343 Mass. 696 , 701-702 (1962).

American Street Car Advertising Co. v. Newton St. Ry. Co.

82 F. 732 · U.S. Circuit Court for the District of Massachusetts · Aug 6, 1897

The authorities ordinarily cited to establish a different proposition do not, on examination, seem to us to support it. … The question of utility must clearly be resolved in favor of the complainant.

Rugg v. Town Clerk of Arlington

364 Mass. 264 · Massachusetts Supreme Judicial Court · Nov 7, 1973

Statute 1952, c. 503, “An Act establishing a town manager form of government for the town of Arlington,” § 9, as amended by St. 1956, c. 634, § 2, provides in part: “Multiple Officers. — A member of the board of selectmen … He seasonably filed nomination papers and was otherwise duly qualified to run for the office of selectman.

Bougas v. Chief of Police of Lexington

371 Mass. 59 · Massachusetts Supreme Judicial Court · Sep 13, 1976

IV 1974), amending 5 U.S.C. § 552 (b) (7) (1970), establishing exemptions. … While the judge ruled without qualification that “the materials and data sought from [the police chief] qualify for exemption under G.

Darul-Islam v. Dubois

997 F. Supp. 176 · District Court, D. Massachusetts · Mar 10, 1998

Note that, although officials sued in their individual capacity may claim absolute or qualified immunity as a defense, “[t]he state’s choice to indemnify the officer would not convert the suit from individual to official … Construing the Complaint in a light most favorable to Plaintiff and taking his allegations as true, Plaintiff has not established that Defendants had any involvement in the treatment decisions alleged in the Complaint.

Talmo v. Zoning Board of Appeals of Framingham

93 Mass. App. Ct. 626 · Massachusetts Appeals Court · Jul 24, 2018

Zoning Bd. of Appeals of Newburyport, 421 Mass. 719, 721 (1996), and the judge's determination will not be overturned unless clearly erroneous. Kenner v. … Moreover, even if there were an injurious level of contamination, the judge found that the evidence was insufficient to establish a nexus between that contamination and the septic systems on the Buckleys' property. 8

Commonwealth v. Harwood

432 Mass. 290 · Massachusetts Supreme Judicial Court · Aug 16, 2000

immunized witness before the grand jury. … Moreover, any such “admission” before the grand jury was made after Mikkelsen obtained immunity from prosecution; proof by analysis of the original February 5 letter that Mikkelsen’s immunized testimony was suspect or perjured

Floyd v. Owens

2009 Mass. App. Div. 219 · Massachusetts District Court, Appellate Division · Oct 14, 2009

Clearly undaunted, and continuing to eschew appellate review, Owens simply filed a third motion to vacate the default judgment on December 7,2007. … The default entered against her effectively established the truth of the well-pleaded factual allegations of Floyd’s complaint for purposes of liability. Nancy P. v. D ‘Amato, 401 Mass. 516, 519 (1988); Reichenbach v.

Commonwealth v. Shangkuan

78 Mass. App. Ct. 827 · Massachusetts Appeals Court · Feb 28, 2011

Here, the return of service was clearly prepared by an official in the performance of an official duty. … There are other ways a statement may qualify under the official or public records exception, see Mass. G. Evid. § 803(8), but they do not apply here.

Afienko v. Harvard Club of Boston

365 Mass. 320 · Massachusetts Supreme Judicial Court · May 20, 1974

L. c. 152, § 18, and under § 15 of that chapter the plaintiff would be entitled to bring a common law action for personal injuries. 3 *325 Our cases have clearly established that it is ordinarily a question of fact whether … The first part of the answer was clearly responsive, and the court was not required to allow such a motion unless no part of the answer was responsive.

Alves v. Murphy

530 F. Supp. 2d 381 · District Court, D. Massachusetts · Jan 14, 2008

Hampshire County, 307 F.3d 1, 8 (1st Cir.2002) (stating, in the context of pre-trial detention, that “a reasonable response clearly defeats the claim of constitutional violation”); cf. also Aguilar v. … Because the Court concludes that Alves has not alleged a constitutional violation, the Court does not reach the defendants’ qualified immunity argument. 8 .

MARGARET DEWEESE-BOYD v. GORDON COLLEGE & Others

Massachusetts Superior Court · Apr 15, 2020

That is clearly the case for IVCF, with not only its Christian name, but its mission of Christian ministry and teaching. Id. at 834 (internal citations omitted). … The Second Circuit ruled that the plaintiff was a minister because, "[a]lthough her formal title was not inherently religious, . .. the record clearly establishe[d] that she held herself out as a spiritual leader of the school

Boston Water Power Co. v. Boston & Worcester Railroad

33 Mass. 512 · Massachusetts Supreme Judicial Court · Mar 15, 1835

materials for constructing it, and although in point of fact, in assessing damages for the owner in such case, the whole value of the land is usually given, deducting nothing for the general right of ownership, yet it is clearly … as these acts confer, and therefore if in summing them up, they should state them in terms which, if they stood alone, might be deemed the averment of a right of property or of possession, still this statement is to be qualified

Moore v. Cataldo

356 Mass. 325 · Massachusetts Supreme Judicial Court · Jul 1, 1969

In contrast, the notice here clearly indicated that the proposed building would be used as a nursing home. 2. … The plaintiffs suggest that the permit was invalid because neither the decision of the board nor the judge established under G.

Walker v. McGrath

District Court, D. Massachusetts · May 2, 2018

Even when an individual’s rights have been violated, a police officer may nonetheless be entitled to qualified immunity. … “The doctrine of qualified immunity protects government officials ‘from liability for certain damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Magalhaes v. Napolitano

941 F. Supp. 2d 150 · District Court, D. Massachusetts · Mar 8, 2013

Before filing a petition with US-CIS to classify an alien as an employment-based immigrant to perform skilled labor, an employer must obtain certification from the Department of Labor (“DOL”) stating that there are no qualified … Omni Video Games, Inc., 668 F.2d 70, 72 (1st Cir.1981) (finding that the word “may” in a copyright statute establishes “a discretionary power”).

Bumps v. Trasavage

District Court, D. Massachusetts · Mar 6, 2020

Officials only lose the protection of qualified immunity where they both violated the plaintiff’s constitutional rights and the abridged right was “clearly established” at the time of the violation. Gray v. … DeAngelo are protected by qualified immunity.

Commonwealth v. Swafford

441 Mass. 329 · Massachusetts Supreme Judicial Court · Mar 30, 2004

The gang affiliation evidence falls within the established acceptable use: the Commonwealth used the testimony to establish the defendants’ retributive motive and joint venture. … In addition to arguing that the gang affiliation evidence was prejudicial, Swafford maintains that the Commonwealth failed to establish an adequate foundation for the testimony, and that the judge improperly qualified the

Massachusetts Electric Co. v. Department of Public Utilities

419 Mass. 239 · Massachusetts Supreme Judicial Court · Dec 22, 1994

The department then established values for certain externalities associated with combustion-based generating plants. … It is not clearly established, however, that PURPA bars an electric utility from paying more than its avoided cost to a qualified facility providing power to the utility.