Case law

Warren v. Mayor of Charlestown

68 Mass. 84 · Massachusetts Supreme Judicial Court · Oct 15, 1854

The act provides that it “ shall not take effect unless the inhabitants of Boston and Charlestown respectively, qualified by law to vote in city affairs,- shall accept the same at a meeting to be called for that purpose.” … That amendment vested the general court with full power and authority to erect city governments in any corporate town, having 12,000 inhabitants, to grant such powers, privileges and immunities, not repugnant to the constitution

In re Wetherell

60 F. 267 · U.S. Circuit Court for the District of Massachusetts · Mar 10, 1894

It is contended on behalf of the United States that, as the steel in controversy had no clearly established commercial designation on October 1, 1890, and the term “sheet steel in strips,” in paragraph 148, had no specific … It seems to me that this case comes clearly wi thin this rule.

Mourao v. Town of Framingham

9 Mass. L. Rptr. 358 · Massachusetts Superior Court · Dec 7, 1998

“If the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts which would establish the existence of a genuine issue of material fact in order to defeat … The Court assumes for purposes of this discussion that a police report qualifies as “an official action or proceeding."

Commonwealth v. Jackson

388 Mass. 98 · Massachusetts Supreme Judicial Court · Jan 28, 1983

McDonald was given immunity from prosecution as an accessory after the fact to any murders for which the defendant was prosecuted. … It was never clearly established that the clothing did not fit. After several discussions of the issue, defense counsel could report only that the clothes were “[t]oo small, I think.”

Board of Appeals of Hanover v. Housing Appeals Comm.

363 Mass. 339 · Massachusetts Supreme Judicial Court · Mar 22, 1973

Section 6 of art. 89 establishes a broad general grant *358 of home rule powers to cities and towns. … The eligibility of the applicant in this respect turns on the applicant’s ability to qualify for the appropriate funding. To so qualify the applicant must propose to build “low or moderate income housing.”

Deitrick v. Greaney

23 F. Supp. 758 · District Court, D. Massachusetts · Jun 16, 1938

In all his actions Karnow shows clearly that the registration of the stock in his name was never intended to be a purchase by him .of the stock, but was only for the accommodation of the bank. … Greaney cannot establish his immunity from liability on this note by a claim that he stands on an equal footing with Karnow. See Lyons v. Westwater, 3 Cir., 181 F. 681 ; Westwater v. Lyons, 3 Cir., 193 F. 817 .

United States Gypsum Co. v. Executive Office of Environmental Affairs

69 Mass. App. Ct. 243 · Massachusetts Appeals Court · Jun 4, 2007

That language states: “The [director may qualify, limit, or otherwise condition the designation decision in any manner that serves the purposes of these regulations . . . .” … advance the Commonwealth’s interest for which the DPA was originally established.”

Capitol BC Restaurants, LLC v. Commissioner (In re Capitol BC Restaurants, LLC)

568 B.R. 574 · United States Bankruptcy Court, D. Massachusetts · Jun 12, 2017

Whitehouse, 199 F.3d 26, 30 (1st Cir. 1999) (“The burden of establishing standing rests with the party who invokes federal jurisdiction”); id. at 33 (“[T]he plaintiff must adduce facts sufficient to establish both fitness … Accordingly, the Debtor has the burden of establishing that this Court has subject matter jurisdiction.

Woburn

1 Rep. Cont. El. 302 · Massachusetts House of Representatives · Jul 1, 1835

They were openly taken from the box, and the evidence clearly showed that there was no intent to do wrong, on the part of the presiding officer. 3d Allegation. ‘ During a moment of excitement, there was a press towards the … It is a matter of great importance to the community, that this house should settle the questions now presented upon sound principles, in order that their decision may hereafter be cited as a well established precedent.

Marco v. Green

415 Mass. 732 · Massachusetts Supreme Judicial Court · Jul 8, 1993

This term is used with a qualifier in other statutes such as G. L. c. 193, § 7 (1990 ed.) … L. c. 195, § 16 (establishing procedures for voluntary administration of small estates).

Winston v. City of Pittsfield

221 Mass. 356 · Massachusetts Supreme Judicial Court · May 24, 1915

changes until after the work had been done and the final measurements ascertained, we shall consider the grounds upon which they rely for rescisión in the order stated in the bill, even if in view of all the alternative and qualifying … To warrant the reformation of a written instrument for mistake the real intention of the parties must be clearly established. German American Ins. Co. v. Davis, 131 Mass. 316 . J. P. Eustis Manuf. Co. v.

Goudreault v. Nine

87 Mass. App. Ct. 304 · Massachusetts Appeals Court · Apr 30, 2015

This area had "clearly increased in size" since the mammogram and ultrasound in July of 2010, in Dr. Yalavarthi's 5 Dr. Yalavarthi is a physician licensed to practice medicine in Missouri. … Ct. 514, 516 9 The relevant standard of care is the one that applies to "the average qualified physician in his or her area of specialty." Medina v. Hochberg, 465 Mass. 102, 106 (2013).

In Re Relafen Antitrust Litigation

360 F. Supp. 2d 166 · District Court, D. Massachusetts · Feb 22, 2005

that an antitrust defendant is “entitled to Noerr immunity.” Id. at 63, 113 S.Ct. 1920 . … Farey-Jones, 359 F.3d 1066, 1079 (9th Cir.2004), *183 Judge Lindsay’s findings were not clearly and convincingly of this sort.

Thomson v. Pentecost

210 Mass. 223 · Massachusetts Supreme Judicial Court · Nov 1, 1911

The plaintiffs’ intention to buy an established and successful business which could not be carried on unless a lease of the farm could be obtained was known to the defendant, and his letter representing its value as a dairy … The distinction as to the amount which each plaintiff could recover was clearly pointed out, and the jury were correctly instructed that the plaintiffs, on the assumption that the business had produced a year before a net

National Association of the Deaf v. Harvard University

District Court, D. Massachusetts · Mar 28, 2019

office of a health care provider, hospital, or other service establishment … information,’ and (2) ‘suffice to establish the affirmative defense with certitude.’”

Commonwealth v. Quinn

222 Mass. 504 · Massachusetts Supreme Judicial Court · Feb 8, 1916

McHugh, 202 Mass. 148 , 149: “This court in recent years, by pointed language and by conclusions reached, has indicated a plain disposition not to extend legal immunity for the falsehood of vendors in the course of negotiations … for sales beyond the bounds already established.” 3.

Adams v. Town of Bolton

297 Mass. 459 · Massachusetts Supreme Judicial Court · Jun 28, 1937

The defendant objected to his so testifying on the stated ground that he was not “qualified to deal with country roads.” … Liability of the defendant was not established by merely proving that a defect in the highway caused injury to the plaintiffs.

Richard v. Industrial Commercial Electrical Corp.

337 F. Supp. 2d 279 · District Court, D. Massachusetts · Aug 20, 2004

In the instant case, ICE has failed to establish that Richard’s .actions constituted gross misconduct under any definition of that term contemplated by Massachusetts law or federal case law. 12. … If Richard engaged in- any misconduct, which is doubtful, it clearly was not gross and did not warrant a denial of Richard’s COBRA *283 benefits.

National Ass'n of the Deaf v. Netflix, Inc.

869 F. Supp. 2d 196 · District Court, D. Massachusetts · Jun 19, 2012

The ADA lists twelve categories of entities that qualify as places of public accommodation. 42 U.S.C. § 12181 (7). … The web site may qualify as: a “service establishment” in that it provides customers with the ability to stream video programming through the internet; a “place of exhibition or entertainment” in that it displays movies,

O'Connell v. Greenwood

59 Mass. App. Ct. 147 · Massachusetts Appeals Court · Sep 4, 2003

The parents were not married at the time, and on January 12, 1996, the mother brought a complaint to establish that the defendant, Geoffrey O’Connell (father), was the child’s father. … A parent whose actions flout this clear and unequivocal right is not immune from a court’s equitable powers simply because each particular act is not among those listed in the custody order.