Case law

Greene v. Corey

210 Mass. 536 · Massachusetts Supreme Judicial Court · Jan 3, 1912

FitzGerald was qualified to testify to the law of New York. The witness testified that he.had made a special study of the subject. We cannot say that the action of the judge was clearly wrong. Teele v. … purchased on a margin a hundred shares of a particular stock for each one of a hundred different customers, and who was bound to deliver upon demand and full payment that number of shares to each customer, would conclusively establish

Commonwealth v. McMahon

443 Mass. 409 · Massachusetts Supreme Judicial Court · Feb 11, 2005

Trodden was ultimately granted immunity, and testified before the grand jury and at trial under that grant of immunity. … Id. at 572 (“reliance on curative instructions may be proper, in the judge’s discretion, even in a case of clearly improper argument by a prosecutor”).

Wood v. Town of Oxford

290 Mass. 388 · Massachusetts Supreme Judicial Court · Apr 4, 1935

Facts in the case at bar bring it clearly within the prin *391 ciple enunciated in Oliver v. Worcester, 102 Mass. 489 . … She gave to the defendant a notice sufficient to comply with the condition precedent to the establishment of her right of action under G. L. (Ter. Ed.) c. 84, § 21. Baird v. Baptist Society, 208 Mass. 29 .

Pierce

Massachusetts Supreme Judicial Court · Feb 9, 2026

conduct, explaining that together with the sexual offense for which Pierce was incarcerated, the uncharged conduct showed that he was "clearly a repetitive and compulsive sexual offender who suffer[ed] from a mental abnormality … L. c. 123A, § 14 (d) (establishing burden of proof at trial and commitment for "an indeterminate period of a minimum of one day and a maximum of such person's natural life").

Bailen v. Dietrick

12 F. Supp. 602 · District Court, D. Massachusetts · Oct 22, 1935

Bancokentucky Co., supra, were cases where defrauded stockholders were allowed to qualify as petitioning creditors in bankruptcy proceedings, but in both cases the court reserved the question whether the petitioner was entitled … In all of the other cases, above cited, the stockholder was unable to establish his right to rescind after insolvency.

Great American Life Insurance v. Murphy

647 F. Supp. 119 · District Court, D. Massachusetts · Nov 12, 1986

The policy thus does not clearly restrict one single sum transfer to a single transfer of funds nor clearly allow it. … Defendant disagrees that extrinsic evidence establishes plaintiff’s purported purposes of the variable commission rate as factually true.

Abbott v. Boston Safe Deposit & Trust Co.

258 Mass. 244 · Massachusetts Supreme Judicial Court · Jan 7, 1927

In January, 1893, the said executors were duly appointed trustees under the said will and as such *246 duly qualified by giving bonds, without surety, each in the sum of $70,000. … establish that intention as a conclusion of fact without hesitation or conjecture.

Ferring Pharmaceuticals Inc. v. Braintree Laboratories, Inc.

168 F. Supp. 3d 355 · District Court, D. Massachusetts · Feb 29, 2016

In light of Ferring’s representation on February 8, 2016 that it 1) already performed a search of the keywords listed in paragraphs 27 and 28 of Alissa Digman’s declaration, without using the qualifiers in the parentheticals … This Court concludes that her ruling was not clearly erroneous or contrary to law.

Peteros v. Peteros

328 Mass. 416 · Massachusetts Supreme Judicial Court · Feb 28, 1952

The principal prayers are that the court establish the plaintiff’s ownership in the stock, equipment, fixtures, and good will; that the wife be ordered to deliver possession to the husband; that she be determined to be a … We have dealt with this subject at some length because the case must go back on account of other errors entering into the decree, and it is important that the proper practice be understood and clearly followed.

Paisner v. Attorney General

390 Mass. 593 · Massachusetts Supreme Judicial Court · Dec 14, 1983

The first chapter of Part 2 of the Constitution of the Commonwealth establishes “The Legislative Power” as including prerogatives other than law-making. … In this the plaintiffs are clearly wrong.

Doe v. Sex Offender Registry Board

459 Mass. 603 · Massachusetts Supreme Judicial Court · May 3, 2011

Subsequently, two qualified examiners, Drs. William Hazelett and Frederick Kelso, concluded that he was a sexually dangerous person. … Joss, a qualified examiner, and Dr. Berlin, an expert retained by Doe, agreed with Dr.

Morrissey v. State Ballot Law Commission

312 Mass. 121 · Massachusetts Supreme Judicial Court · Aug 10, 1942

of government, and the court will not refuse to enforce it unless its conflict with the Constitution is established beyond reasonable doubt.” … Clearly the phrase “proper identification and certification of signatures” in art. 48, General Provisions, I, includes a determination whether the names signed to a petition are *140 the names of qualified voters of the Commonwealth

Kelleher v. Dumont

3 Mass. L. Rptr. 37 · Massachusetts Superior Court · Nov 21, 1994

The court is certainly diagramed with the Mayor’s refusal to consider an apparently highly qualified candidate on an established civil service list for the position of Chief Engineer. … The second paragraph of G.L.c. 31, §27 provides in relevant part, If an appointing authority makes an original or promotional appointment from a certification of any qualified person other than the qualified person whose

TLT Construction Corp. v. A. Anthony Tappe & Associates, Inc.

48 Mass. App. Ct. 1 · Massachusetts Appeals Court · Sep 30, 1999

The first prerequisite for claim preclusion was accordingly established by the moving party. b. Identity of causes of action. … We note that the architect did not assert the defense of qualified immunity and we accordingly do not opine as to it.

Byrnes v. Lukes

30 Mass. L. Rptr. 157 · Massachusetts Superior Court · Aug 21, 2012

In the present case, the members of the School Committee are clearly public officials. Lane v. … Even if a specific amount of damages remains subject to further evidence, the plaintiff has established a violation of the Wage Act.

Sullivan v. Allen

1 Rep. Cont. Elect. Case. 99 · Massachusetts Supreme Judicial Court · Jan 7, 1897

The section provides: “Eight councillors shall be annually chosen by the inhabitants of this Commonwealth, qualified to vote for governor. … In the face of such decisions as these, the decision of the majority, not even granting a formal hearing to the petitioner, seems to us to establish a most unfortunate and pernicious precedent.

Amirault v. City of Malden

241 F. Supp. 3d 288 · District Court, D. Massachusetts · Mar 20, 2017

Finally, Molis contends that even if Amirault has alleged a violation of his constitutional rights, his claims should be dismissed on the grounds of qualified immunity. … immunity.

Commonwealth v. Healy

438 Mass. 672 · Massachusetts Supreme Judicial Court · Feb 13, 2003

The Commonwealth contends that this finding is clearly erroneous, and points to compelling evidence that it in fact turned over the postmortem report. … We therefore also examine whether the note would qualify as exculpatory and material. See Commonwealth v.

Spaulding v. City of Lowell

40 Mass. 71 · Massachusetts Supreme Judicial Court · Oct 15, 1839

Lowell was established as a city in April 1836. … This is also manifest from the sweeping clause “ other necessary charges,” which clearly implies, that many things not enumerated, are intended to be included.

Casavant v. Norwegian Cruise Line Ltd.

460 Mass. 500 · Massachusetts Supreme Judicial Court · Sep 1, 2011

We review a judge’s findings of fact under the clearly erroneous standard and his conclusions of law de novo. Anastos v. Sable, 443 Mass. 146, 149 (2004). “A ruling that conduct violates G. … It was established at trial that Norwegian had not disclosed its complete refund policy to customers in violation of those regulations.