Case law

Wessmann v. Boston School Committee

996 F. Supp. 120 · District Court, D. Massachusetts · May 28, 1998

Striving for diversity in a secondary school setting does not require the establishment of quotas, nor does it justify the admission of unqualified applicants. … When they first began, they weren’t for everybody, but, clearly, as the 20th century has progressed, they’ve become the schools for everybody.

Nicholls v. Mayor of Lynn

297 Mass. 65 · Massachusetts Supreme Judicial Court · Mar 30, 1937

The latter statute established no penalty for a disobedient pupil, but is directed to the school committee and to the teacher. Power to enforce the rule is implied in the grant of power to establish it. … That is a ceremony clearly designed to inculcate patriotism and to instill a recognition of the blessings conferred by orderly government under the Constitutions of the State and nation.

Armsden v. Cataldo

315 F. Supp. 129 · District Court, D. Massachusetts · Jun 22, 1970

Houghton clearly involved a situation where the state remedy was inadequate and illusory. Damico simply restated Monroe and McNeese without discussion or analysis. … be eminently more qualified than members of the judiciary.

Fortunato v. King Philip Regional School District Committee

10 Mass. App. Ct. 200 · Massachusetts Appeals Court · Jul 2, 1980

Clearly he would not contend that for salary purposes the school year ended two days earlier when the students completed classes, since such a conclusion would have required him to donate two days of service without pay to … board establish a school year of 185 days, while also recommending the amendment in the form in which it now appears).

Retirement Board of Stoneham v. Contributory Retirement Appeal Board

476 Mass. 130 · Massachusetts Supreme Judicial Court · Dec 22, 2016

The last date of employment clearly referred to by  3 In 2009, DeFelice sought retroactive membership in the Stoneham retirement system as an employee … General Laws c. 32, § 3 (2), sets forth various criteria that establish "eligibility" for membership in a retirement system.

Garcia-Tatupu v. Bert Bell/Peter Rozelle NFL Player Retirement Plan

249 F. Supp. 3d 570 · District Court, D. Massachusetts · Apr 18, 2017

For a domestic relations order to be considered a QDRO certain requirements must be met: the order must (1) clearly set out certain facts (name, last known address of participant and alternate payee, amount/percentage of … Establishing such an interest need not take the form of a QDRO, a suitable divorce decree that establishes rights to pension benefits is enough when it creates the right to go back to obtain an order that meets the criteria

Burnham v. Commonwealth of Massachusetts

District Court, D. Massachusetts · Mar 12, 2018

Bringing this action in federal court implicates the Commonwealth’s sovereign immunity under the Eleventh Amendment. … In order to establish that he is a qualified individual with a disability, Burnham must establish that he: suffers from a physical or mental impairment that affects

In re Fordham

423 Mass. 481 · Massachusetts Supreme Judicial Court · Aug 9, 1996

However, he may accept such employment if in good faith he expects to become qualified through study and investigation, as long as such preparation would not result in unreasonable delay or expense to his client.” … charged goes beyond mere matters of professional judgment and can be proven, either directly or by reasonable inference, to have involved dishonesty, bad faith or overreaching of the client, no case for discipline has been established

Gil v. VORTEX, LLC

697 F. Supp. 2d 234 · District Court, D. Massachusetts · Mar 25, 2010

a disability — then the individual will qualify for protection under the Act. 154 Cong. … While Gil has the ultimate burden of showing that he was a “qualified” employee, Amego, 110 F.3d at 144 , his burden at this stage of the pleadings is simply to make out a prima facie case that he is qualified, which he has

Mazzaro v. Paull

372 Mass. 645 · Massachusetts Supreme Judicial Court · Jun 2, 1977

L. c. 233, § 79B, as a means of establishing the authentication and expertise of medical treatises under G. L. c. 233, § 79C. … Counsel foe the defendant: “Only that the statute clearly calls for physicians who are generally recognized by members of their profession and specialty to be authorities in their field.

McMahon v. Krapf

323 Mass. 118 · Massachusetts Supreme Judicial Court · Jun 22, 1948

Beneficiaries of a trust are entitled to the protection of the courts where there is a clear abuse of discretion or where the exercise of judgment by a fiduciary is clearly inconsistent with a due appreciation of his responsibilities … Krapf knew before he left for overseas that he had been named in the will as one of the trustees but he did not then qualify, and although he returned in May or June, 1944, he did not qualify as cotrustee until September,

Sanders v. Arsenault

District Court, D. Massachusetts · Mar 16, 2021

Qualified Immunity The correction officers argue that, even if Sanders’ constitutional rights were violated, they are entitled to qualified immunity. … Courts evaluate claims for qualified immunity under a two-part test: “(1) whether the facts alleged or shown by the plaintiff make out a violation of a constitutional right; and (2) if so, whether the right was ‘clearly

Andujar v. IPC International Corp.

583 F. Supp. 2d 213 · District Court, D. Massachusetts · Oct 15, 2008

IPC asserts that it is entitled to summary judgment because 1) Andujar cannot establish that he is disabled or a “qualified individual” within the meaning of the ADA, 2) the accommodation that Andujar suggests should have … Qualified Individual IPC also asserts that it is entitled to summary judgment because Andu-jar is not a “qualified individual” under the ADA.

Bachrach v. Secretary of the Commonwealth

382 Mass. 268 · Massachusetts Supreme Judicial Court · Jan 9, 1981

L. c. 53, § 8. 3 The same rule held for the designation of an Inde *270 pendent candidate on the ballot, if he qualified to appear there. G. L. c. 54, § 41. … Under a California law a candidate of an established party appeared on the ballot with the party name, but any candidate qualifying through a petition process was designated “Independent” without an option to use any other

Nosek v. Ameriquest Mortgage Co. (In Re Nosek)

363 B.R. 643 · United States Bankruptcy Court, D. Massachusetts · Mar 6, 2007

Factual Background The Court’s findings of fact were upheld by the District Court as not clearly erroneous and are briefly summarized below. 1 Ameriquest v. Nosek, 354 B.R. 331, 332 . The Debtor, Jacalyn S. … The Court declines *647 to decide whether Chapter 93A is preempted by the Bankruptcy Code because under the facts of this case, Nosek cannot establish a claim on the merits.

Judge Rotenberg Educational Center, Inc. v. Commissioner of Department of Mental Retardation

424 Mass. 430 · Massachusetts Supreme Judicial Court · Mar 13, 1997

“The rules of construction governing statutory waiver of sovereign immunity are stringent.” Ware v. Commonwealth, supra at 91, quoting Woodbridge v. Worcester State Hosp., 384 Mass. 38, 42 (1981). … Interim success in securing interlocutory relief qualifies the plaintiff as a prevailing party. See Handy v. Penal Insts.

In re J.S.V.

402 Mass. 571 · Massachusetts Supreme Judicial Court · Jun 13, 1988

beyond all reasonable doubt,” either that: (1) the husband had no access to the wife during the time of possible conception; (2) the husband was impotent; or (3) a properly conducted blood grouping test, administered by a qualified … The appellant clearly does not fall within this category. It should be noted that G. L. c. 209C, § 5 (a) (1986 ed.), took effect on July 22, 1986, before the appellant intervened in this case.

Shaffer v. Commissioner of Revenue

Massachusetts Supreme Judicial Court · Jul 10, 2020

Robert died in July 1993, while domiciled in New York.5 His last will and testament established a trust for the decedent's benefit. The trust qualified for a QTIP trust election under 26 U.S.C. … c. 65C, § 1 ("When used in this chapter the following words or terms shall have, unless the context clearly indicated otherwise, the following meanings . . .").

Pimentel v. City of Methuen

District Court, D. Massachusetts · Jun 26, 2018

Qualified Immunity Defendants further contend that Police Chief Solomon and the other individual defendants are entitled to qualified immunity. … The doctrine of qualified immunity protects public employees “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Whalen v. Ribicoff

197 F. Supp. 1 · District Court, D. Massachusetts · Aug 25, 1961

The claimant’s proof that he is not qualified to engage in any substantial gainful activity is not adequately countered by the Administration’s suggestions of possible employment. … argues that, “although the human bite sustained by the plaintiff on his left hand was undoubtedly serious and although flexion deformities eventually appeared in the four fingers of the plaintiff’s left hand, the record clearly