Case law

Mammone v. President & Fellows of Harvard College

446 Mass. 657 · Massachusetts Supreme Judicial Court · May 12, 2006

Because establishing that she was “qualified for the position from which she was fired” is a requirement of a prima facie case under G. L. c. 151B, Garrity’s inability to do so was fatal to her claim. See id. at 60, 63. … In that case, we explained that the “material before the [Superior Court] judge clearly demonstrated Garrity’s conduct to be such that Ganity could not reasonably expect to prove that she was a ‘qualified handicapped person

Enwonwu v. Chertoff

376 F. Supp. 2d 42 · District Court, D. Massachusetts · Jul 12, 2005

Id. at 95 (seeking judgment based on qualified immunity). … due process right under the state-created danger theory was not clearly established.

Daley v. Secretary of the Executive Office of Health and Human Services

477 Mass. 188 · Massachusetts Supreme Judicial Court · May 30, 2017

Massachusetts has opted to participate in Medicaid via the establishment of a State Medicaid program known as MassHealth. See G. … As a report of the House of Representatives's committee on energy and commerce declared in 1985, "When affluent individuals use Medicaid qualifying trusts and similar 'techniques' to qualify for the program, they are

United States v. Baez

878 F. Supp. 2d 288 · District Court, D. Massachusetts · Jul 16, 2012

This is the contemporary approach not merely in the evaluation of motions to suppress on Fourth Amendment grounds, but also with respect to the qualified immunity afforded law enforcement officers in civil actions raising … Howards, — U.S. -, 132 S.Ct. 2088 , 182 L.Ed.2d 985 (2012) (holding that alleged First Amendment right to be free from retaliatory arrest when arrest is otherwise supported by probable cause not clearly established at time

Sampson v. Shaw's Supermarket, Inc.

2000 Mass. App. Div. 106 · Massachusetts District Court, Appellate Division · Apr 18, 2000

defendant, and plaintiff has appealed assigning five potential errors of law three of which arise from the trial judge’s refusal to allow the plaintiff to testify as to the physical configuration of receiving areas in other establishments … Welch in support of his contention that *107 he should have been allowed to testify as to the configuration of defendant’s receiving area; however, in Edgarton the excluded evidence was offered through a qualified expert.

Kingston v. McLaughlin

359 F. Supp. 25 · District Court, D. Massachusetts · Dec 19, 1972

Pensions are established by M.G.L.A. c. 32 § 65. … A state may not assert immunity to a suit for injunctive relief when it is a party to a contract covered by the contract clause. Davis v.

Logan v. Gelb

52 F. Supp. 3d 122 · District Court, D. Massachusetts · Sep 25, 2014

This prong also reaches situations in which the state court “unreasonably extends clearly established legal principles to a new context where they should not apply[,] or ... unreasonably refuses to extend established principles … Accordingly, this Court has no basis for evaluating whether the Appeals Court employed a rule “contrary to” established Supreme Court law on this matter.

Town of Barnstable v. Massachusetts Energy Facilities Siting Board

25 Mass. L. Rptr. 375 · Massachusetts Superior Court · May 4, 2009

The well-established rule is that a party seeking declaratory relief must exhaust all available administrative remedies before resort to the courts. Walpole v. … Further, this is not a case where the matter in controversy is clearly beyond the scope of EFSB’s authority.

West Street Group LLC v. Epro

564 F. Supp. 2d 84 · District Court, D. Massachusetts · Jul 10, 2008

any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within, the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … To have a property interest in a benefit, such as an approval or endorsement by a town board, “a person clearly must have more than an abstract need or desire for it.

Commonwealth v. Alvarado

36 Mass. App. Ct. 604 · Massachusetts Appeals Court · Jun 3, 1994

The spontaneous utterance must qualify, characterize, and explain the underlying event that prompted the excited utterance.” Ibid. See Commonwealth v. Fuller, 399 Mass. 678 (1987); Commonwealth v. … Here, Quiles’s statements clearly spoke to and described the events that prompted them, and there was ample evidence of their spontaneity.

Arno v. Alcoholic Beverages Control Commission

377 Mass. 83 · Massachusetts Supreme Judicial Court · Jan 12, 1979

Clearly, the 1968 version, which prohibited licensing within the 500-foot radius but provided for written waiver by the church, landed squarely within the ambit of the Cusack rule. … The First Amendment establishment of religion clause.

STEPHEN B. CORN, M.D. v. BRIGHAM AND WOMEN'S HOSPITAL & Others

Massachusetts Superior Court · Jun 15, 2023

Com has not established that he was a "qualified handicapped person" as of 2016. … These facts do not, however, establish that Dr. Corn was a "qualified handicapped person" capable of"performing the essential functions of a particular job" at BWH (emphasis added) in 2016.

Verax Biomedical Inc. v. American National Red Cross

District Court, D. Massachusetts · Jan 19, 2024

As noted above, one such “right” is immunity from antitrust suit. Sea-Land, 659 F.2d at 244. … Verax responds that it has “clearly and precisely defined the set of customers it lost, even if it did not name each one individually.”

Bretton v. State Lottery Commission

41 Mass. App. Ct. 736 · Massachusetts Appeals Court · Nov 26, 1996

It is generally accepted that the Commonwealth cannot be impleaded in its courts except where an act of the Legislature clearly manifests its consent. Morash & Sons, Inc. v. Commonwealth, 363 Mass. 612, 615 (1973). … L. c. 10, § 24, as inserted by St. 1971, c. 813, § 2, and to establish a fluid consisting “of all revenues received from the sale of lottery tickets . . .

Farley v. Shaw's Supermarkets, Inc.

497 F. Supp. 2d 23 · District Court, D. Massachusetts · Jun 7, 2007

Both parties agree that the National Health and Welfare Fund provided for in the CBA qualifies as an “employee welfare benefit plan” under ERISA. … Rather, such payments were clearly associated with his regular weekly wages and were not contingent upon some future occurrence which would trigger their pay out.

McMahon v. Digital Equipment Corp.

998 F. Supp. 62 · District Court, D. Massachusetts · Mar 17, 1998

The plan in question here clearly was established by DEC in order to provide benefits in the event of a sickness, accident or disability. … qualify for benefits under the STD plan after September 8, 1992.

Commonwealth v. Weichel

403 Mass. 103 · Massachusetts Supreme Judicial Court · Aug 1, 1988

The short answer to the defendant’s claim is that the record does not establish such anxiety. … In any event, given the fact that the defendant continues to serve his life sentence for murder, it is highly unlikely that he could establish anxiety about his appeal to the extent necessary to qualify as prejudice sufficient

A.T. v. C.R.

88 Mass. App. Ct. 532 · Massachusetts Appeals Court · Oct 16, 2015

The plaintiff bears the burden of proving that each of the three qualifying acts was maliciously intended, defined by G. … In finding sufficient evidence for the extension of the order, the judge found that “there [were] clearly three distinct acts of harassment.

United States v. Gautier

590 F. Supp. 2d 214 · District Court, D. Massachusetts · Dec 23, 2008

On that date, I also raised sua sponte the issue of whether the juvenile *221 offenses Gautier committed in 1998 were clearly separate predicates. … Because the government cannot establish that he pleaded to Prong (1) rather than to Prong (2) — as it must— it cannot look to this conviction for a qualifying violent felony.

Flipp v. Town of Rockland

613 F. Supp. 2d 141 · District Court, D. Massachusetts · Apr 30, 2009

Flipp claims she was qualified for the position and the only member of the municipal union to apply for it. By late May, 2007, the position was still vacant. … There, the court clearly states that it is applying the McDonnell Douglas framework but identifies the fourth factor as requiring that “the position remained open or was filled by a person with similar qualifications.”