Case law

Acadia Healthcare Company, Inc. v. City of Fitchburg

District Court, D. Massachusetts · Sep 30, 2025

In reading Title II, the First Circuit has said that to state an actionable reasonable accommodation claim, a plaintiff must establish “(1) that he is a qualified individual with a disability; (2) that he was either excluded … Plaintiffs’ attempt to establish municipal custom fares no better.

Planned Parenthood League of Mass. v. Bellotti

608 F. Supp. 800 · District Court, D. Massachusetts · Feb 11, 1985

Clearly, Massachusetts has a significant interest in the integrity of its superior court system. … Standing Order 12-80 (effective September 3, 1980) established uniform procedures for the processing of minors’ abortion petitions.

S.W. v. Commonwealth

Massachusetts Supreme Judicial Court · May 21, 2026

an examining qualified psychologist believes that observation for more than twenty days is necessary." … The judge did not clearly err in any of her factual findings, or rely on any single factor.

Knight v. Avon Products, Inc.

438 Mass. 413 · Massachusetts Supreme Judicial Court · Jan 10, 2003

and no one in that district was qualified to take over.” … Ct. 657, 661 (1997) (replaced by a similarly or less qualified younger person).

Santana v. Deluxe Corp.

920 F. Supp. 249 · District Court, D. Massachusetts · Mar 12, 1996

In addition to benefits under the Plan, Santana’s disability also qualified him for Social Security benefits. … Clearly, in addition to claims processing services, John Hancock does provide extensive plan design services to the Plan.

In re Deposition of Harrington Memorial Hospital

17 Mass. L. Rptr. 294 · Massachusetts Superior Court · Nov 26, 2003

All three affidavits recite that Harrington has established risk management and qualified patient care assessment programs. … Her deposition testimony also clearly reflects a self-protection justification for submitting a report to her superiors.

In re Adoption Henrietta

92 Mass. App. Ct. 1130 · Massachusetts Appeals Court · Mar 2, 2018

Neither parent challenges as clearly erroneous any finding of fact involving events after March, 2011. … The mother offered three experts: Joel Huberman, qualified as an expert in molecular biology with a focus in genetics; Eli Newberger, qualified as an expert in pediatric medicine and Munchausen syndrome by proxy ; and Frank

Stefan v. Laurenitis

695 F. Supp. 1330 · District Court, D. Massachusetts · Sep 29, 1988

These allegations clearly transgress the limits of properly aired grievances to inappropriate conduct. 8 In any event, Stefan was given an initial opportunity to address the Board, yet abused this privilege and consequently … For some unknown reason, defendants never timely moved for summary judgment alleging an absence of factual support for the complaint, a good faith defense, or absolute or qualified immunity.

Attanasio v. Division of Compliance, Office of Health Maintenance Organizations of the U.S. Department of Health & Human Services

728 F. Supp. 812 · District Court, D. Massachusetts · Jan 16, 1990

First, the Act was designed “to provide assistance and encouragement for the establishment and expansion of health maintenance organizations_” S.Rep. No. 129, 93rd Cong., 1st Sess., reprinted in 1973 U.S. … In passing the Act, Congress clearly hoped that HMOs would assume a larger and more important role in providing health care to the nation.

Metivier v. Town of Grafton

148 F. Supp. 2d 98 · District Court, D. Massachusetts · Jun 20, 2001

Furthermore, the last sentence of Section 7-8 of the Town Charter clearly indicates that a person who has been appointed to a fixed term does not have a right to a hearing when that person is not reappointed. 1 The two statutory … From the commencement of her holdover “term”, all parties understood that her employment would end as soon as her successor was qualified.

White v. City of Boston

7 Mass. L. Rptr. 232 · Massachusetts Superior Court · Jul 22, 1997

[and] [t]he defendants clearly had a right — and a duty — to ensure that all physicians at the hospital practiced, within reason, safely and skillfully.” Id. at 983-84 . … The defendants argue that c. 32, §8 as amended is unconstitutional because St. 1906 c. 291 gives the commissioner discretion to appoint, establish, and organize the police force and the legislature cannot remove this discretion

Applegate v. Town of Natick Planning Board

Massachusetts Land Court · May 27, 2021

instruction, provided that: (a) Only one person other than members of the family residing on the premises shall be simultaneously engaged in such occupation[;] (b) The use of the dwelling unit for the home occupation shall be clearly … In all RS districts, uses qualifying under Use #19 are allowed as of right. See Bylaw, § III-A.2. In the spring of 2019, Natick's Town Meeting amended the Bylaw.

Commonwealth v. Cronin

20 Mass. L. Rptr. 111 · Massachusetts Superior Court · Sep 26, 2005

The first clause clearly makes it so, and neither proviso excludes it. … They are also subject to standards established by national accreditation bodies. See note 3, supra.

Greene v. Cronin

314 Mass. 336 · Massachusetts Supreme Judicial Court · Jun 30, 1943

The third witness is a member of the bar, and it is hardly to be assumed that he would require any prompting as to the character of testimony necessary to establish due execution. … We think that an attending physician qualifies when it appears that he is such.

Mohamed Kalae v. Honey Pot Hill Orchards, Inc.

Massachusetts Appeals Court · Jul 29, 2025

To qualify for the statute's protection, the owner or operator of the farm must post a warning notice in the manner spelled out in the statute. See id. at 622-623. … Ct. at 622; Centner, The New Pick-Your-Own Statutes: Delineating Limited Immunity from Tort Liability, 30 U. Mich. J.L. Reform 743, 762-763 (1997).

Board of Trustees of the Sea Grass Village Condominium v. Bergquist

2009 Mass. App. Div. 132 · Massachusetts District Court, Appellate Division · Jun 25, 2009

. *133 Sea Grass Village was established by a Master Deed and a Declaration of Trust recorded on October 7, 2002. … The attorney’s fee provision here lacks the qualifier “reasonable” and any such qualifier as “any” or “all.”

Courtemanche v. Motorola Solutions, Inc.

District Court, D. Massachusetts · Mar 28, 2025

Qualified Immunity Does Not Bar Plaintiffs’ Claim As a final line of defense, Defendant Noble raises that, even if this Court were to find Plaintiffs have stated a claim under Section 1983, the doctrine of qualified … Nov. 15, 2013) (“To the extent the defendants are seeking a ruling on the merits on their qualified immunity defense, their request is premature.”).

E. Remington & Sons v. Samana Bay Co.

140 Mass. 494 · Massachusetts Supreme Judicial Court · Jan 9, 1886

Clearly, the requirement that the creditor shall recover a judgment before assessing a stockholder stands on at least as strong, if not on stronger ground. … By Article 10, “ These grants, franchises, rights, privileges, and immunities shall become operative on the first day of January, 1873, and shall continue to be in full force for ninety-nine years thereafter, .... upon condition

Goodridge v. Department of Public Health

440 Mass. 309 · Massachusetts Supreme Judicial Court · Nov 18, 2003

But that same logic cannot hold for a qualified individual who would marry if she or he only could. … While establishing the parentage of children as soon as possible is crucial to the safety and welfare of children, see Culliton v. Beth Israel Deaconness Med.

JAMES CARVER v. CAROL A. MICl and STEPHEN KENNEDY

Massachusetts Superior Court · Jan 7, 2022

Here, Carver conceded at the hearing that he does not qualify under the Statute by suffering from a "terminal illness." Rather, he argues that he qualifies because he suffers from "permanent incapacitation." … In the Court's view, the record clearly establishes that Dr. Strauss has concluded Carver suffers from myriad significant, incapacitating, chronic medical conditions.