Case law

Attorney General v. INDUS. NATIONAL BANK OF RI

380 Mass. 533 · Massachusetts Supreme Judicial Court · May 2, 1980

Clearly, a suit to enforce a C.I.D. is not a local action. Venue is not restricted under G. L. c. 93A to the county where specific property is located. G. L. c. 93A, § 7. … Otherwise, the Congressional enactment, which was intended generally to afford national banks immunity from suit in foreign States, would be meaningless because the exception would engulf the rule.

Noonan v. Colour Library Books, Ltd.

947 F. Supp. 564 · District Court, D. Massachusetts · Dec 6, 1996

Clearly the minimal contacts that suffice to establish specific jurisdiction will not satisfy a plaintiff’s burden or else the two distinct theories of jurisdiction become conflated into one. … When a plaintiff is clearly unable to establish jurisdiction under state law, it is the better practice to end the inquiry without addressing constitutional concerns. See Ticketmaster —New York, Inc. v.

Partners Healthcare System, Inc. v. Sullivan

497 F. Supp. 2d 42 · District Court, D. Massachusetts · Jul 31, 2007

But, domestic partners of different genders would not qualify, regardless of their sexual orientation. Plaintiff disputes that the definition of domestic partner contained in its Plan is so broad. … The EEOC reversed a grant of summary judgment, reasoning that the harassment was based on the co-worker’s gender, and not just her sexual orientation. 5 There, the association was a clearly apparent workplace friendship.

Zarrilli v. Weld

875 F. Supp. 68 · District Court, D. Massachusetts · Feb 9, 1995

State Agencies — The Massachusetts state agencies have moved to dismiss all claims against them on the ground they are immune from suit under the Eleventh Amendment. 1 See Pennhurst State School & Hospital v. … More *71 over, the language of the NEPA does not express any Congressional intent to establish constructive waiver. See Welch v.

Liquor Liability Joint Underwriting Ass'n v. Aim Insurance Agency

55 Mass. App. Ct. 715 · Massachusetts Appeals Court · Sep 6, 2002

The LLJUA was free to change the premium if it determined the applicant did not qualify for the requested coverage. … the judge determined that the certification provision, immediately prior to the premium calculation, was connected solely to the applicant who *721 signs the application; her finding on this point, while debatable, is not clearly

Commonwealth v. Connors

95 Mass. App. Ct. 46 · Massachusetts Appeals Court · Mar 11, 2019

Here, video surveillance evidence clearly showed Erazo forcibly pulling the victim into cell twenty-three as the victim resisted. Erazo concedes that the victim did not voluntarily enter the cell. … Erazo claims that Freeman's guilty plea colloquy qualified as an exception to the rule against hearsay because it was a statement against his penal interest.

Fisher School v. Assessors of Boston

325 Mass. 529 · Massachusetts Supreme Judicial Court · Mar 30, 1950

The board of trustees established the salary of the president and he in turn established “all other salaries for the members and faculty of the school.” … But “the burden of proof is upon the one claiming an exemption from taxation to show clearly and unequivocally that he comes within the terms of the exemption.” Boston Symphony Orchestra, Inc. v.

Brelin-Penney v. Encore Images, Inc.

27 Mass. L. Rptr. 254 · Massachusetts Superior Court · Jun 1, 2010

To establish a claim for employment discrimination on the basis of handicap, the plaintiff must demonstrate “that [he] was terminated, that [he] is ‘handicapped,’ that [he] is a ‘qualified handicapped person,’ and that he … In consequence, in order for Scott to establish that he is a “qualified handicap person," he must present evidence that he would have been able to perform his duties with a “reasonable accommodation.”

Denny v. Cabot

47 Mass. 82 · Massachusetts Supreme Judicial Court · Mar 15, 1843

explained in the present contract; the clear meaning of the terms of which is, that Cabot, Appleton & Co. were to pay Cooper one third part of the profits, after making certain specified deductions therefrom, and Cooper clearly … ; the question is, whether the circumstances, under which the participation exists, may not qualify the presumption, and satisfactorily prove, that the portion of the profits is taken, not in the character of a partner, but

Bernardi v. Marks

8 Mass. L. Rptr. 32 · Massachusetts Superior Court · Jan 9, 1998

Once the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts establishing the existence of a genuine issue of material fact. … The undisputed facts here establish that the defendants had no duly to the plaintiff to maintain the leased premises.

Motta v. Reading Municipal Light Department

5 Mass. L. Rptr. 687 · Massachusetts Superior Court · Aug 12, 1996

Motta also alleges that RMLD was negligent in awarding the masonry subcontract to Major because Major was not qualified to do masonry work. At no time did Motta send a letter of presentment to the defendant. … G.L.c. 258 was enacted as an exception to the sovereign immunity doctrine, which precludes suits against the state, municipalities or their agencies without their consent.

Doherty v. Director of the Office of Medicaid

31 Mass. L. Rptr. 369 · Massachusetts Superior Court · Aug 14, 2013

Doherty (“Doherty”) and her husband established the William A. Doherty and Muriel S. Doherty Family Trust. … Chapter 118E of the General Laws and Chapter 130 of the Code of Regulations clearly define the “area of concern” of the Commonwealth’s MassHealth Medicaid program.

Holbrook v. Burt

39 Mass. 546 · Massachusetts Supreme Judicial Court · Oct 22, 1839

transfer, a proposition which cannot be maintained, but that the word “ assent ” was used in a qualified sense, and is limited to such an assent as would amount to a promise to pay the assignee. … To establish that fact, the defendants must prove, that the plaintiffs knew or had good reason to believe, that there was a deficiency, when they made the representations.

Gray Ex Rel. Dehon, Inc. v. Barnett (In Re Dehon, Inc.)

334 B.R. 55 · United States Bankruptcy Court, D. Massachusetts · Oct 5, 2005

Little Employees’ MDT Retirement Plan (the “ERISA Plans”), both of which qualify as “plans” within the meaning of ERISA. … Thus, the claims do not have a “connection with” ERISA-qualified plans.

Doe, Sex Offender Registry Board No. 7083 v. Sex Offender Registry Board

472 Mass. 475 · Massachusetts Supreme Judicial Court · Aug 21, 2015

In addition, the factors SORB is to consider in determining whether reclassification is warranted, and the evidence that a sex offender must present to establish a reduced risk of reoffense, clearly contemplate that the … Procedural due process is not satisfied where the burden to establish his or her level of risk is, in effect, shifted to the offender.

Attorney General v. Crocker

138 Mass. 214 · Massachusetts Supreme Judicial Court · Jan 9, 1885

No objection is made that the respondents were not duly qualified, if elected; and the question is whether the record made by William O. … The act establishing the county of Hampden was passed in February, 1812, to take effect on the 1st day of the next August.

Vranos v. Franklin Medical Center

448 Mass. 425 · Massachusetts Supreme Judicial Court · Feb 27, 2007

Suggestions for implementation of such policies include establishing a process to review or verify reports of disruptive physician behavior, establishing a process to notify a physician whose behavior is disruptive that a … Ct. 495, 499 (2002), instructs that a reviewing court first determine whether the records for which the privilege is *437 claimed clearly fall within the privilege on their face.

Wenger v. Aceto

451 Mass. 1 · Massachusetts Supreme Judicial Court · Mar 27, 2008

The burden-shifting procedure governing an anti-SLAPP motion is established. See Cadle Co. v. Schlichtmann, 448 Mass. 242, 249 (2007); Fabre v. Walton, 436 Mass. 517, 520 (2002); Baker v. … Nor does the record contain evidence that would support a determination that the plaintiff qualifies as an appropriate plaintiff under § 11.

Harrington ex rel. Harrington v. City of Attleboro

172 F. Supp. 3d 337 · District Court, D. Massachusetts · Mar 16, 2016

opportunities or benefits- ... (3) [the funding recipient] knew of the harassment, (4) in its programs or activities and (5) it was deliberately indifferent to the harassment such that its response (or lack thereof) is clearly … As discussed by the First Circuit, a Title IX claim that “the school system could or should have done more is insufficient to establish deliberate indifference.” Id.

Henkes v. Fisher

314 F. Supp. 101 · District Court, D. Massachusetts · Jun 15, 1970

A Board of Registration of Architects, established under Mass.G.L. c. 13, § 44A is charged with the enforcement of these provisions 2 and is given the power to “make such rules or by-laws, not inconsistent with law, as it … With one exception, 8 each is now otherwise qualified for registration.