Case law

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.

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.

O'Shea v. UPS Retirement Plan

115 F. Supp. 3d 138 · District Court, D. Massachusetts · Jul 10, 2015

(b) Election out of Normal Form of Benefit or Qualified Joint and Survivor Annuity. … Section 9.3 — Power to Establish Regulations. <The Committee shall establish rules and regulations for the administration of the Plan and the Committee.

Gott v. Robert E. Anderson, Inc.

1990 Mass. App. Div. 73 · Massachusetts District Court, Appellate Division · May 16, 1990

Here, Gott’s failure to establish either the duty owed by Anderson, or Anderson’s breach of the duty, by expert testimony from a qualified surveyor, is fatal to his case. … This allegation constitutes, in part, a claim for breach of contract, and it was upon such contract claim that the trial court clearly based its decision in the plaintiffs favor.

Dolph v. Vitale, Caturano & Co.

19 Mass. L. Rptr. 660 · Massachusetts Superior Court · Jul 5, 2005

Dolph was neither being asked to do something which was clearly unlawful nor was he being penalized because he refused to break the law. … Because this Court has already concluded that this would not violate any well established public policy, it necessarily follows that this alleged motive is not improper.

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.

Mahoney v. Attorney General

346 Mass. 709 · Massachusetts Supreme Judicial Court · Jan 15, 1964

Since 1893 at least one trustee has been elected each year at the annual election of town officers and has qualified by oath in the manner of a town officer. … The language employed therein clearly evinces her intention that the trustees should have sole control of the hospital.

Grant v. John Hancock Mutual, Life Insurance

183 F. Supp. 2d 344 · District Court, D. Massachusetts · Jan 8, 2002

To hold otherwise would render meaningless the Act’s grant of immunity for intentional torts. … Grant’s scenarios are clearly not the "rare” type of "peculiar power of coercion” anticipated by Massachusetts courts. 10 .

Ware v. Dickhaut

770 F. Supp. 2d 417 · District Court, D. Massachusetts · Dec 23, 2010

established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State … As such, the Court finds that the trial court’s denial of Petitioner’s motion to dismiss on Ground 2 was well-reasoned and was not “a decision that was contrary to, or involved an unreasonable application of, clearly established

MacLeod v. Kern

379 F. Supp. 2d 103 · District Court, D. Massachusetts · Jul 15, 2005

Plaintiff misunderstands the inquiry under Fed.R.Civ.P. 56 because, although he need not “prove”,his allegations to avoid summary judgment, he must offer sufficient evidence to establish the existence of a genuine issue of … Plaintiff's claims against the DOC defendants are also dismissible on the ground of qualified immunity because the plaintiff offers no evidence that they acted with "wantonness” or “deliberate indifference” as required by

Gouthro v. Gilgun

12 Mass. App. Ct. 591 · Massachusetts Appeals Court · Nov 12, 1981

“[T]he most repulsive speech enjoys immunity provided it falls short of a deliberate or reckless untruth.” Old Dominion Branch No. 496, National Assn. of Letter Carriers v. … Particularly as Gilgun’s statements were clearly identified as a political advertisement during an apparently heated campaign, they must be considered in light of the hyperbole *595 and rhetoric which normally attend the

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.

Troy & Greenfield Railroad v. Newton

74 Mass. 596 · Massachusetts Supreme Judicial Court · Sep 15, 1857

The charter of the plaintiffs clearly indicates the purpose of a continuous line of railroad to Troy. The name of the corporation is “ The Troy and Greenfield Railroad Company.” … Assuming that the subscription and -the bond are parts of the same transaction, the subscription of Marshall for the one hundred shares was clearly a qualified one, and not to be considered as an ordinary subscription.

Old Colony Trust Co. v. United States

313 F. Supp. 980 · District Court, D. Massachusetts · Jun 24, 1970

Plaintiff, Old Colony Trust Company, a Massachusetts corporation, is the duly qualified executor under the will of Charlotte E. Sills, who died on January 26, 1961. … No useful purpose is to be served herein by trying to further clarify a distinction so clearly made by á comparison of the wording of subsection (a) (1) vis-a-vis the wording of subsections (a) (2) and (a) (3).

Barrett v. Rodgers

408 Mass. 614 · Massachusetts Supreme Judicial Court · Nov 20, 1990

The Appeals Court found no basis to disregard the “corporate fiction” in order to immunize distinct legal entities from suit. … already indicated, “[a]ny change in compensation law which would permit a covered employee to recover compensation benefits and, in addition, permit litigation by the employee against his employer to recover for an injury clearly

Metcalf v. First Parish in Framingham

128 Mass. 370 · Massachusetts Supreme Judicial Court · Feb 26, 1880

he bequeaths fifty shares of the same stock to the Association for the Relief of Aged and Indigent Females, and by the fourth article a like number of such shares to the Home for Aged Men, each of which is a corporation established … In such cases, a general intent is implied to give the remainder over after the death of the tenant for life; and the event of her marrying again is treated as merely qualifying or cutting down her life estate, and not as

LaSalvia v. Johnson

15 Mass. L. Rptr. 622 · Massachusetts Superior Court · Jan 21, 2003

McDonough, the plaintiffs’ expert, qualified to opine as to the standard of care in 1992, the court finds that Dr. … McDonough was qualified to offer his medical opinion as to the applicable standard of care in 1992. Dr.

Hastings v. Lovering

19 Mass. 214 · Massachusetts Supreme Judicial Court · Mar 15, 1824

that a sale by sample is a warranty that the thing sold conforms in kind to the sample, appears to be recognised in England and in New York ; vid. 4 Campb. 22, 145 ; though the doctrine was by some considered as novel when established … So that upon this first point we think the case is clearly with the plaintiff.

First National Bank of Boston v. Mann (In Re Mann)

40 B.R. 496 · United States Bankruptcy Court, D. Massachusetts · Jul 13, 1984

The Bank contends that the company wrongfully listed three accounts receivable as fully earned on the reports submitted to the Bank when in fact they were not qualified accounts. … Although the May 1982 receivable report lists the account in the amount of $60,000, the amount due Data Three was clearly reflected as an offset in the profit and loss statements also submitted to the Bank.

I.L. v. ELIZABETH S. TEMIN & Others (And a Companion Case).

Massachusetts Appeals Court · Apr 8, 2024

His reliance on this authority is inapposite, however, because the portion of the decision to which he refers deals with the principle of qualified immunity for law enforcement officers. … Therefore, immunity under G. L. c. 123, § 22, on these grounds applies. Second, the plaintiff argues that McLean is not immune under G.