Case law

O'Neill v. Healy

7 Mass. L. Rptr. 370 · Massachusetts Superior Court · Aug 5, 1997

Under the statute as amended, the City may have to reinstate to its police force persons who have been convicted of serious crimes, or who have engaged in other misconduct, during a period of disability retirement, that is clearly … If the position has been filled, the member shall be granted a preference for the next available position or similar position for which he is so qualified.

Commonwealth v. Thissell

457 Mass. 191 · Massachusetts Supreme Judicial Court · Jul 1, 2010

It is well established that a probation revocation proceeding is not a criminal prosecution, requiring “the full panoply of constitutional protections applicable at a criminal trial.” Commonwealth v. … In the map showing the exclusion zone, the zone is clearly indicated and an observer can clearly discern the outer boundaries of the exclusion zone by reference to the map. 15 A review of the origins of GPS technology provides

Commonwealth v. Duguay

430 Mass. 397 · Massachusetts Supreme Judicial Court · Dec 7, 1999

We did not qualify the admission of the results on the availability of additional confirmatory evidence. … Stewart, 422 Mass. 385, 389 (1996), we stated that, “[i]f polygraphic evidence is to be admissible in a given case, it seems likely that its reliability will be established by proof in a given case that a qualified tester

Lamanque v. Massachusetts Department of Employment & Training

3 F. Supp. 2d 83 · District Court, D. Massachusetts · Feb 24, 1998

By its terms, Title I prohibits discrimination against “a qualified individual with a disability.” 42 U.S.C. § 12112 (a) “The ‘term qualified individual with a disability’ means an individual with a disability who, with or … To establish a cause of action under Mass. Gen.

Holdsworth v. Healey

249 Mass. 436 · Massachusetts Supreme Judicial Court · Jun 12, 1924

It has been long established. There appears to be no reason for relaxing it. The case at bar is within the express authority of numerous of our decisions. Thurston v. Percival, 1 Pick. 415 . Lathrop v. … It is clearly distinguishable from cases like Taylor v. Rosenberg, 219 Mass. 113 , Bennett v. Tighe, 224 Mass. 159 , and Reed v. Chase, 238 Mass. 83 .

Massachusetts School of Law at Andover, Inc. v. American Bar Ass'n

914 F. Supp. 688 · District Court, D. Massachusetts · Jan 18, 1996

However, those designations are not controlling in determining whether the case is one involving the denial of accreditation within the meaning of § 1099b(f), and even a cursory examination of the complaint clearly establishes … or may qualify as an eligible institution.”

Gianely v. Travelers Insurance Companies

1995 Mass. App. Div. 155 · Massachusetts District Court, Appellate Division · Nov 13, 1995

Later, as the plaintiff was leaving that establishment, he crossed the street and was struck by an uninsured automobile. … However, additional evidence is clearly required to assess the significance of the *158 factors relied upon by the parties.

United States v. Sliwa

109 F. Supp. 3d 360 · District Court, D. Massachusetts · Jun 10, 2015

The affidavit clearly establishes that Mr. Sliwa’s financial obligations are inconsistent with a individual declaring $60,000.00 annual income tax return. … Where, as here, the warrant sought business records, the information is timely because “[b]usiness records, as a class, are repositories of historical facts and, therefore, are largely immune from claims of staleness.”

Chaney v. City of Framingham

District Court, D. Massachusetts · Dec 3, 2019

Defendants argue that they are entitled to qualified immunity. (#30 at 7.) … The court applies a three-step process when evaluating qualified immunity claims: first, whether the claimant has alleged a violation of a constitutional right; second, whether the right was clearly established at the

United States v. Brown

322 F. Supp. 2d 101 · District Court, D. Massachusetts · Jun 25, 2004

Even assuming that Simmons should have qualified the assertion that the debt involved drugs, the most that can be said is that Simmons was negligent for failing to reference all of the reports, rather than relying solely … SO ORDERED. 1 .The affidavit also included inflammatory admissions made by Brown during the earlier drug trafficking investigation under terms of a use immunity agreement entered with the United States Attorney's Office..

Commonwealth v. Ardon

428 Mass. 496 · Massachusetts Supreme Judicial Court · Dec 11, 1998

The defendant clearly availed himself of this right. We decline to go beyond our prior pronouncements on the subject. (b) Independent interpreter. … The Commonwealth has the burden of establishing a knowing, voluntary, and intelligent waiver of Miranda rights. See Commonwealth v. Magee, 423 Mass. 381, 386 (1996).

Murphy v. Commonwealth of Massachusetts, Executive Office of The Trial Court

District Court, D. Massachusetts · Sep 28, 2018

Post-Termination Process Following his termination, the Plaintiff immediately initiated the grievance process as established by the Collective Bargaining Agreement between the Trial Court and the Plaintiff … Congress has clearly not abrogated the Commonwealth’s immunity respect to these state law claims. Further, the Commonwealth has not waived its sovereign immunity either to tort claims or to claims under Mass. Gen.

Brown v. Accredited Home Lenders, Inc.

26 Mass. L. Rptr. 559 · Massachusetts Superior Court · Oct 20, 2009

When Brown informed Philip that she wanted to cancel the transaction, he falsely stated that she qualified for the mortgage and would lose her deposit if she canceled. … Cavanagh, 396 Mass. 836, 939 (1986) (dismissal appropriate where complaint clearly reveals existence of affirmative defense). Cf. Green v.

Three Sons, Inc. v. Phoenix Insurance

357 Mass. 271 · Massachusetts Supreme Judicial Court · Apr 13, 1970

The words, “liability imposed ... by reason of any statute,” clearly imports a direct causal relation between the fact of liability and the violation of a statute. … The defence of laches has not been established.

Commonwealth v. Soares

377 Mass. 461 · Massachusetts Supreme Judicial Court · Mar 8, 1979

established. … Not the least of the impediments to establishing such a claim is the nature of the proof required to establish systematic exclusion by the prosecutor.

Graham v. McGrail

370 Mass. 133 · Massachusetts Supreme Judicial Court · Apr 9, 1976

L. c. 268A, § 19, but that there was a valid quorum and that the chairman’s votes were valid and effective to establish the budget. … L. c. 268A, § 19, might “participate in any way in establishing the entire Budget.”

Boston Plate & Window Glass Co. v. John Bowen Co.

335 Mass. 697 · Massachusetts Supreme Judicial Court · Apr 12, 1957

However, due to the fact that it was not accompanied by proper security, Salem’s bid was rejected by the department of public health which directed the defendant to substitute the plaintiff as the lowest qualified bidder … Clearly it could not recover them under its declaration, which was based solely on breach of contract and not on quantum meruit.

LaFrenier v. Kinirey

478 F. Supp. 2d 126 · District Court, D. Massachusetts · Mar 20, 2007

For the reasons stated above, defendants clearly had probable cause to arrest plaintiff. … Defendants Kinirey and Morrison contend that they are entitled to qualified immunity even assuming that plaintiff could make out a violation of § 1983.

Bayley v. Bryant

41 Mass. 198 · Massachusetts Supreme Judicial Court · Oct 5, 1839

Although the party may make his own writ, yet the attachment of which it is the basis, can only be made by an officer duly appointed and qualified for the purpose. … Clearly it could not. And whether the communication was oral or written, could make no difference.

Andrews v. Civil Service Commission

446 Mass. 611 · Massachusetts Supreme Judicial Court · Apr 28, 2006

While §§ 1 and 39 clearly contemplate that different positions (such as SIA/B and SI-C) may be in the same title, the department introduced substantial evidence, which was credited by the hearing officer, to support that … L. c. 31, § 1, as a “department, or any division, institutional component or other component of a department established by law, ordinance, or by-law.”