Case law

de Antonio v. Solomon

42 F.R.D. 320 · District Court, D. Massachusetts · Jun 30, 1967

The danger that Marilyn Solomon will ever be prosecuted for adultery, if adulterous conduct should be established in this action, is at least remote but it is not “purely fantastic.” … State of New Jersey, supra, provide the defendant here with' immunity from having his answers used against him in a possible future criminal proceeding. This view was suggested by Mr.

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 .

California Plant Protection, Inc. v. Zayre Corp.

39 Mass. App. Ct. 627 · Massachusetts Appeals Court · Jan 22, 1996

If CPP is a defined “insurer,” Zayre, as the insured of an insolvent insurer, is also immune from liability for such payment. See the proviso in § 1(2), second par. … CPP may still be a statutory insurer if “the context [in which the term ‘insurer’ is used in c. 175D] clearly requires otherwise.” See § 1, first par; Ferrari v. Toto, 9 Mass. App.

Core-Boykin v. Boston Edison Co.

17 Mass. L. Rptr. 577 · Massachusetts Superior Court · Apr 13, 2004

After completion of the training, Core-Boykin expected to graduate to the position of Qualified Level 12 Grade B Operating Mechanic (“Qualified Operating Mechanic”). … The display of an object resembling a penis, however offensive it may be, clearly does not meet this test. It involves neither threatening conduct nor physical contact.

Schand v. City of Springfield

District Court, D. Massachusetts · May 6, 2019

Trial courts in weighing the question of qualified immunity should not “define clearly established law at a high level of generality.” Id. (quoting Kisela v. … established to deprive Defendants of the protection of qualified immunity.

Renzullo v. Town of Wakefield

District Court, D. Massachusetts · Feb 28, 2023

Whether Officers are Entitled to Qualified Immunity Defendants argue that the Officers are protected from liability by qualified immunity because any constitutional violations were not of clearly established … Accordingly, Ryan is not entitled to qualified immunity as to excessive force.

Adedeji v. United States

782 F. Supp. 688 · District Court, D. Massachusetts · Jan 23, 1992

These travels and dates were clearly reflected in her passport, which the customs inspectors examined on May 12, 1986. 8 . Mrs. … Public officials have no immunity and are liable under the MCRA for their discretionary acts when "they have violated a right under Federal or State constitutional or statutory law that was ‘clearly established’ at the time

Worcester County National Bank v. Commissioner of Banks

340 Mass. 695 · Massachusetts Supreme Judicial Court · Apr 11, 1960

converted under this section shall be consiuered the same business and corporate entity as that of the . . . converting institution, although the rights, powers and duties of the continuing trust company shall be those established … We would be loath to reach the conclusion that the plaintiff could not qualify its common stock under c. 168, § 47, as appearing in St. 1955, c. 432, § 1.

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

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.

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).

Dunn v. Barry

District Court, D. Massachusetts · May 17, 2021

Defendants here claim to be entitled to the protection afforded by the doctrine of qualified immunity. … “If either of the two prongs is not met - i.e., if the facts do not show a constitutional violation or the right in question was not clearly established - the officer is immune.

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.

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.

Commonwealth v. Alger

61 Mass. 53 · Massachusetts Supreme Judicial Court · Mar 15, 1851

of the territory over which it was established. … This clearly recognizes the distinction between the jus publicum and jus privatum, as established by the common law, and so established long before the settlement of this country.

Rivera v. U.S. Tsubaki, Inc.

84 F. Supp. 3d 51 · District Court, D. Massachusetts · Feb 5, 2015

The potential utility of the CBA to resolve Plaintiffs claim is, therefore, clearly limited. … Indeed, the only relevance the CBA appears to have is that it establishes the right of the “qualified applicant with the greatest seniority” to open positions and states that Defendant and Union have agreed to create a “process

Town of Orange v. Shay

68 Mass. App. Ct. 358 · Massachusetts Appeals Court · Mar 2, 2007

They contend that, in determining otherwise, the judge erred in certain of her rulings of law and made findings of fact that were clearly erroneous. We affirm. Background. … Beals, 154 Mass. 51, 52 (1891). “ [Credibility of a party or other witness who appeared at trial is quintessentially the domain of the trial judge, in which the judge’s assessment is close to immune from reversal on appeal

Commonwealth v. Moore

25 Mass. App. Ct. 63 · Massachusetts Appeals Court · Nov 17, 1987

M., the defendant parked her automobile outside a store in Boston and went into the establishment to buy some candy. When she came out of the store she was approached by the victim, who stopped her. … At the conclusion of the voir dire, the judge qualified the witness as an expert in the field of psychiatry.

Wendt v. Barnum

2007 Mass. App. Div. 93 · Massachusetts District Court, Appellate Division · Jun 18, 2007

from suit rather than a mere defense to liability; and like an absolute immunity, it is effectively lost if a case is erroneously permitted to go to trial” (emphasis in original). … The invoice submitted by Wendt’s attorney in support of his motion for attorney’s fees contains a number of charges clearly unrelated to Wendt’s security deposit claim.

City of Boston Credit Union v. Cotney

32 Mass. L. Rptr. 496 · Massachusetts Superior Court · Feb 17, 2015

The by-laws of the credit union determine the condition of residence, occupation, or association which qualify persons for membership. … Chapter 171, as consistently interpreted by the Commissioner, is not intended to regulate competition but rather to make sure that only qualified applicants are authorized to *500 establish credit unions or expand their membership