Case law

Productora E Importadora De Papel v. Fleming

376 Mass. 826 · Massachusetts Supreme Judicial Court · Dec 15, 1978

If the questions were aimed at establishing a foundation for admissibility as a trade publication under G. L. c. 233, § 79B, there was no need for counsel first to qualify Whittemore or Saltus as an expert on prices. … In any event the questions were clearly material to each witness’s qualifications.

Commonwealth v. Nee

458 Mass. 174 · Massachusetts Supreme Judicial Court · Oct 27, 2010

Both also testified pursuant to grants of immunity at Kerns’s trial, which took place sixteen months before the trial of the defendant. See Commonwealth v. … Burke, 392 Mass. 688, 690 (1984) (where Legislature does not define term, “we presume that its intent is to incorporate the common-law definition of that term, ‘unless the intent to alter it is clearly expressed’ ”). 19 Commonwealth

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.

Beckett v. Jewish Cemetery Ass'n

28 Mass. L. Rptr. 100 · Massachusetts Superior Court · Mar 7, 2011

The content of those discussions therefore cannot be taken as established at the summary judgment stage. … It has therefore failed to establish this element of damages. The Court grants summary judgment to JCAM, establishing Beckett’s liability for breach of the covenant of good faith and fair dealing.

Banerjee v. Board of Trustees of Smith College

495 F. Supp. 1148 · District Court, D. Massachusetts · Jun 30, 1980

In McDonnell Douglas the Supreme Court indicated that a Title VII plaintiff could establish a prima facie case of racial discrimination by showing: (i) that he belongs to a racial minority; (ii) that he applied and was qualified … the requirements for establishing a violation of Title VII.

Milligan v. Board of Registration in Pharmacy

348 Mass. 491 · Massachusetts Supreme Judicial Court · Feb 8, 1965

The effect of the board’s denial of the registration permits in the two cases before us is clearly to preclude the applicants, although the individuals are qualified pharmacists, from the pursuit of a lawful vocation at places … Two of these decisions involved applications by banks to establish branch offices. See Natick, Trust Co. v. Board of Bank Incorporation, 337 Mass. 615, 616-617 ; City Bank S Trust Co. v.

Sosa v. Massachusetts Department of Correction

District Court, D. Massachusetts · Mar 30, 2024

DOC Defendants The DOC Defendants also move for summary judgment on Count I, asserting a defense of qualified immunity. … if so, 2) whether that right was clearly established at the relevant time.

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.

Lapine v. Town of Wellesley

167 F. Supp. 2d 132 · District Court, D. Massachusetts · Apr 26, 2001

Similarly, the Town did not establish that Lapine is not qualified to fulfill the duties of being a police officer. … Although this was a closer question than the issue of whether it is unreasonable or impossible for the Town to reinstate Lapine, I find that the evidence established that Lapine is still qualified to be a police officer.

Commonwealth v. Bigelow

475 Mass. 554 · Massachusetts Supreme Judicial Court · Sep 27, 2016

The prosecutor’s statements asking the jury to use their common sense clearly was not improper. Cf. Opinion of the Justices, 360 Mass. 877, 880 (1971), quoting Williams v. … We see no reason, therefore, to abandon or reject in the present case our' previously articulated, and by now established, interpretation of that intent, and our decision in this case is expressly premised on it.

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

Wight v. Thayer

67 Mass. 284 · Massachusetts Supreme Judicial Court · Mar 15, 1854

This also has been repeatedly settled, and is now established by authority. … It sometimes happens, that where there is clearly a gift in tail in the premises, and the habendum is to heirs generally, without saying “ heirs of the body,” the subsequent words will be qualified by the preceding, and “

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”).

Prudential Insurance Co. of America v. City of Boston

369 Mass. 542 · Massachusetts Supreme Judicial Court · Jan 13, 1976

In order to encourage privately financed urban renewal, the statute provides that a project undertaken by a qualified applicant, such as an insurance company, is exempt from State and local taxation, including better-ments … In light of our prior decisions interpreting § 6A 5 and established canons of statutory construction, it is our opinion that § 6A is to be read narrowly so as not to insulate the Prudential apartments from the rent control

Robinson's Case

131 Mass. 376 · Massachusetts Supreme Judicial Court · Sep 7, 1881

Under the Constitution of this Commonwealth, can a woman, if duly appointed and qualified as a justice of the peace, legally perform all acts pertaining to such office ? Second. … that any change in the legal rights or capacities of women is to be implied, which has not been clearly expressed.

State Street Bank & Trust Co. v. United States

207 F. Supp. 955 · District Court, D. Massachusetts · Jun 12, 1962

The words “support” and “maintenance” under the law of Massachusetts and according to decisions in this Circuit must clearly be held to provide a fixed standard under which the value of the charitable remainder is ascertainable … Furthermore, the testator qualified “requirement” by the word “reasonable.” “Needs” or “necessities,” to qualify as fixed standards in the context of these cases, are absolutes. See Lincoln v.

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.

Commonwealth v. Pariseau

466 Mass. 805 · Massachusetts Supreme Judicial Court · Jan 13, 2014

Kennedy, 435 Mass. 527, 530 (2001). 4 In establishing this statutory framework, “[t]he Legislature clearly was aware of *809 the liberty interests at stake.” Blake, supra (Ireland, J., concurring). Although G. … During the examination period, all documentation provided to the qualified examiners must be provided to the person’s counsel, [G.

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.

Ayash v. Dana Farber Cancer Institute

8 Mass. L. Rptr. 216 · Massachusetts Superior Court · Feb 18, 1998

General Laws chapter 111, §204(b) provides that: Documents, incident reports or records otherwise available from original sources shall not be immune from subpoena, discovery or use in any such judicial or administrative … The Sallan Committee was an internal peer review committee established by the Institute’s Board of Trustees, pursuant to the Institute’s corporate bylaws, to “investigate the accidental overdosing of two patients enrolled