Case law

Butler v. City of Waltham

63 Mass. App. Ct. 435 · Massachusetts Appeals Court · May 5, 2005

L. c. 40A, § 17”). 12 A plaintiff qualifies as an “person aggrieved” upon a showing that his or her legal rights will be infringed by the board’s action. Marashlian v. Zoning Bd. of Appeals of Newburyport, supra. … Zoning Bd. of Appeal of Newburyport, supra at 721-722 (“standing is ‘essentially a question of fact for the trial judge,’ which will be reversed only if ‘clearly erroneous’ ”).

Connelly v. Dun & Bradstreet, Inc.

96 F.R.D. 339 · District Court, D. Massachusetts · Jan 29, 1982

The last three of the requisites for the privilege clearly have been established in connection with the first questionnaire. It is undisputed that the Customers’ Representative was a lawyer. … Even if a document satisfies the work-product criteria, however, it may still be discoverable upon a showing of sufficient need for the document to overcome the qualified protection.

Morris v. Smith

332 Mass. 34 · Massachusetts Supreme Judicial Court · Dec 13, 1954

But she qualifies this by making immediate provision in case her mother should predecease her and adds the clause “or at the death of Ida M. … Ide, 5 Mass. 500 (1809), and other cases which she cites, establish a positive rule of law which precludes us from determining that Ida received nothing more than a life interest under the will of Dorothy.

Sullivan v. Town of Brookline

435 Mass. 353 · Massachusetts Supreme Judicial Court · Nov 14, 2001

This language facilitated the transfer of authority to PERAC from PERA, and its terms clearly indicate an intent to continue all existing regulations. … The difference between these two standards may seem slight, but the additional words “qualified for” demonstrate an intent that there be a more stringent examination. Finally, G.

American Grain Products Processing Institute v. Department of Public Health

392 Mass. 309 · Massachusetts Supreme Judicial Court · Jun 27, 1984

The record establishes that EDB has been in use in the United States since 1948. … O’Reilly, Administrative Rulemaking 40 (1983) (“No agency is immune from tough judicial review, and the good cause exception is especially deserving of tough scrutiny”).

Taylor v. Creeley

257 Mass. 21 · Massachusetts Supreme Judicial Court · Aug 9, 1926

Unless clearly wrong, his determination will not be disturbed. There is no evidence that any juror had read the articles. … The trial judge ruled that he was not qualified as an expert in mental diseases, yet he was allowed to express an opinion on senile dementia, a mental disease.

Nunez v. Carrabba's Italian Grill, Inc.

448 Mass. 170 · Massachusetts Supreme Judicial Court · Jan 9, 2007

In each instance, the person is under the legal drinking age, as clearly and plainly established by the Legislature. The statutory provision regulating the serving of liquor, G. … L. c. 231, § 85K, abrogated common-law doctrine of charitable immunity and imposed statutory cap on tort liability of charitable corporations); Kerins v. Lima, 425 Mass. 108, 111 (1997) (enactment of G.

Gates v. Neal

40 Mass. 308 · Massachusetts Supreme Judicial Court · Nov 15, 1839

It is perhaps peculiar to Massachusetts, that here the law provides, that if any person duly qualified to vote, whose name is upon the list of voters, and who has, in other respects, complied with the requisitions of the … But whatever may have been the grounds of the decision originally, the rule of law is now well established and understood.

Bush v. Fantasia

District Court, D. Massachusetts · Sep 12, 2022

the unlawfulness of their conduct was ‘clearly established at the time.’” … Because the complaint fails to allege any viable constitutional claims, the individual Defendants are entitled to qualified immunity. C.

Born v. Simonds International, Corp.

26 Mass. L. Rptr. 416 · Massachusetts Superior Court · Dec 30, 2009

Further, the deponent’s testimony from which this line is taken clearly states that the subsidiary “managed its money.” … Plaintiff alleged that the fire was the result of maintenance work performed by untrained employees not qualified to undertake the repairs. The refinery was owned and operated by a subsidiary of the defendant.

Sheppard v. Zoning Board of Appeal

74 Mass. App. Ct. 8 · Massachusetts Appeals Court · Apr 2, 2009

L. c. 40A, § 17, or under § 11 of the enabling act, she must qualify as a “person aggrieved” by a zoning board’s decision. … For the following reasons, we conclude that Sheppard met this burden and the trial judge’s conclusion to the contrary was clearly erroneous.

Adoption of Terrence

57 Mass. App. Ct. 832 · Massachusetts Appeals Court · Apr 24, 2003

The judge’s findings regarding her cognitive limitations and mental illness were well supported, and the nexus to her unfitness to parent well established. … The judge’s findings are not clearly erroneous; they show clearly and convincingly that the mother is unfit and not capable of providing for the welfare and best interests of the child. b. Burden shifting.

Daniel L. Golden v. Middlesex County District Attorney's Office

Massachusetts Superior Court · Mar 4, 2025

All responsive records not qualifying for a PRL exemption were to be turned over to Mr. Golden forthwith. … To be blunt, the Middlesex DA did not remotely approach its burden of establishing that the ordered index or, by implication, the documents withheld were broadly entitled to the investigative exemption claimed, G.L. c. 4,

Rand v. Hubbard

45 Mass. 252 · Massachusetts Supreme Judicial Court · Mar 15, 1842

This point seems to have ever since been considered as an established rule of the law merchant, and is so laid down in elementary treatises. Watkins v. Maule, 2 Jac. & Walk. 237. Chitty on Bills, (6th ed.) 122, 123. … By a provision in the constitution of the United States, art. 4, § 2, the citizens of each State shall be entitled to all privileges and *261 immunities of citizens of the several States.

Commonwealth v. Moran

80 Mass. App. Ct. 8 · Massachusetts Appeals Court · Aug 4, 2011

Given those well-established guidelines, the evidence was sufficient to prove beyond a reasonable doubt that the defendant’s conduct was offensive and disorderly. … Reading it to require proof of multiple acts would mean that one who by a single hand gesture clearly pantomimed an offensive suggestion would be immune from prosecution but a person who verbalized precisely the same suggestion

Correllas v. Viveiros

410 Mass. 314 · Massachusetts Supreme Judicial Court · Jun 5, 1991

It is well established that a person need not swear out a criminal complaint in order to be held answerable for malicious prosecution. … A conditional or qualified privilege does not adequately protect a witness or party because he or she may still have to go to court to prove the absence of malice or recklessness.

Pension Benefit Guaranty Corp. v. Ouimet Corp.

470 F. Supp. 945 · District Court, D. Massachusetts · Mar 22, 1979

The prime purpose of that Act is to insure that workers receive the benefits to which they are entitled under private pension plans established for them by their employers. … It is well established that “legislation readjusting rights and burdens is not unlawful solely because it upsets otherwise settled expectations.” Usery v.

Frost v. TGI Friday's Inc.

14 Mass. L. Rptr. 395 · Massachusetts Superior Court · Dec 6, 2001

Massachusetts recognizes a cause of action for wrongful termination of an at-will employee only where the facts show violation of a clearly established public policy, such as where the employee is terminated for “asserting … There is room for argument as to whether an assertion regarding the effect of a regulatory provision, such as appears in paragraph six of the complaint, qualifies as an allegation of fact for this purpose, as well as whether

Sabey v. Butterfield

District Court, D. Massachusetts · Mar 14, 2024

Qualified Immunity “Determining whether qualified immunity is available to a particular defendant at a particular time requires a trifurcated inquiry … Common law immunity is broader than qualified immunity. “At common law, . . .

Commonwealth v. Crouse

447 Mass. 558 · Massachusetts Supreme Judicial Court · Oct 23, 2006

and alarm activation, he was not qualified to opine about this particular subject. … Whether an expert determined to be qualified in one subject is also qualified to testify in another, related subject will depend on the circumstances of each case, and where an expert has been determined to be qualified,