Case law

Gardner-Athol Area Mental Health Ass'n v. Zoning Board of Appeals

401 Mass. 12 · Massachusetts Supreme Judicial Court · Oct 8, 1987

There is nothing in G.L.c. 40A, § 3, as the board argues, that requires that education be the dominant purpose or primary activity of a nonprofit corporation in order that it may qualify as a nonprofit educational corporation … If all the Legislature had intended for there to be immunity from local land use regulations was that a nonprofit corporation be permitted *18 to engage in educational activities no change in the statute would have been necessary

Swan v. Tappan

59 Allen 104 · Massachusetts Supreme Judicial Court · Nov 15, 1849

There is clearly no libel set out of and concerning the plaintiff personally, or of and concerning him in his trade, *109 business, or profession, or touching his character in any way whatever. … In such cases, the oc *111 casion prevents the inference of malice, which the law draws from unauthorized communications, and affords a qualified defence, depending on the absence of actual malice.

Mister Jay Fashions, Inc. v. BayBank Middlesex, N.A.

1981 Mass. App. Div. 247 · Massachusetts District Court, Appellate Division · Dec 22, 1981

qualifies as a “letter of credit” under G.L.c. 106, § 5-103. 3. … The evidence clearly states that Blatchford was an employee of the defendant Bank with full authority to issue letters of credit.

Commonwealth v. Sullivan

76 Mass. App. Ct. 864 · Massachusetts Appeals Court · Jun 4, 2010

On February 17, Smith again met the officers at the FBI office; Smith called the defendant and established a meeting at 55 Dearborn Street in Springfield. … “While the testimony of [Geiger and Dillon] as to statements made by [Smith] is clearly hearsay, ‘[t]he hearsay rule forbids only the testimonial use of reported statements.

Mary C. Wheeler Sch. v. Bd. of Assessors of Seekonk

368 Mass. 344 · Massachusetts Supreme Judicial Court · Jul 14, 1975

New Jersey permitted foreign charitable corporations to register and qualify to do business in the State in the same manner as noncharitable foreign corporations, N. J. Sts. … See c. 59, § 5, Third (a), (b), and pp. 352-353, infra. 4 Because Austin involved individuals, it was decided under the privileges and immunities clause of the Constitution.

Blair v. O'Leary

10 Mass. L. Rptr. 106 · Massachusetts Superior Court · Feb 4, 1999

Clearly, this process accords with the statute. … results in such employee occupying a position in a different title from the title of the position from which he was separated such placement right shall be subject to the completion by such employee of a retraining program established

Commonwealth v. Silva

10 Mass. App. Ct. 784 · Massachusetts Appeals Court · Dec 9, 1980

29,1979, when he was advised by a family member to contact the Essex district attorney’s office. 5 Insofar as relevant to our later discussion, the only exculpatory evidence provided by the Commonwealth related to a grant of immunity … Of course, it would have been better practice for the District Court judge to have clearly identified the basis for his action and to have stated whether the dismissal was with prejudice.

Conrad v. Reliance Standard Life Insurance

292 F. Supp. 2d 233 · District Court, D. Massachusetts · Oct 31, 2003

In subparagraph (1), the Plan establishes that a person who becomes partially disabled after the Elimination Period qualifies as totally disabled. … This clearly indicates that the patient felt capable of continuing to work from a cognitive point of view.

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.

Zoppo v. Foster

6 Mass. L. Rptr. 543 · Massachusetts Superior Court · Apr 22, 1997

Laws §9-33-2 (1993) (requires plaintiff to establish that defendant’s petition or free speech constitutes a “sham”); Minn. … These are the traditional means for achieving judgment prior to trial, and the Legislature clearly wanted to lessen the defendant’s burden at this stage.

Commonwealth v. Barbosa

399 Mass. 841 · Massachusetts Supreme Judicial Court · May 12, 1987

. *848 Defense counsel clearly established that the apartment building in which the victim lived only could be entered by a key or by a tenant’s using the buzzer system. 12 < The judge determined that there was no “insurmountable … After a hearing, the judge found that the interpreter was competent and qualified. See G.

New London County Mutual Insurance v. Matthews

10 Mass. L. Rptr. 126 · Massachusetts Superior Court · Jan 22, 1999

If the moving party establishes the absence of a triable issue, in order to defeat the motion for summary judgment, the opposing party must respond and allege specific facts which would establish the existence of material … These two factors, in and of themselves, clearly lead to the determination that Matthews was indeed a resident of the Marino household.

Auburn Medical Investors Ltd. Partnership v. Audette

14 Mass. L. Rptr. 706 · Massachusetts Superior Court · Jun 18, 2002

Scannell further argues that LCC’s claims are barred because, as an attorney, he is immune from liability to his adversary for actions taken in furtherance of the representation of his clients. … The Court assumes, arguendo, that if Scanell had diligently pursued these steps, the result would have been that Audette would have qualified for Medicaid benefits retroactively as of January 1, 2001.

O'Leary v. Education Resources Institute, Inc.

61 Mass. App. Ct. 653 · Massachusetts Appeals Court · Aug 18, 2004

Further, after finding that O’Leary’s action was contrary to clearly established law, see Air Purchases, Inc. v. Mechanical Coordinators Corp., 21 Mass. *655 App. … The fact that O’Leary chose to represent himself, as he was qualified to do given his legal education and training, rather than retain independent counsel, does not nullify his status as a lawyer advocating his own interests

Lund v. Inhabitants of Tyngsborough

63 Mass. 36 · Massachusetts Supreme Judicial Court · Nov 15, 1851

But it is wholly impracticable to bring this class of cases within the limits of any clearly defined and positive rules. … The great and difficult question was, whether there was any act, admissible in evidence, which these letters *45 would qualify, illustrate, or explain, so that they were, on that ground, receivable.

Commonwealth v. Mauricio

477 Mass. 588 · Massachusetts Supreme Judicial Court · Aug 14, 2017

Sept. 17, 2014) (dismissing plaintiff's Fourth Amendment unlawful search claim on qualified immunity grounds, where it is open question whether Riley applies to video cameras, but acknowledging that "[t]here are qualities … Ct. at 467 (concluding common experience of jurors insufficient to establish that value of firearm exceeded one hundred dollars).

Care & Protection of Yetta

84 Mass. App. Ct. 691 · Massachusetts Appeals Court · Jan 16, 2014

On the record before us, we are not persuaded that the parental shortcomings needed to establish parental unfitness are present. … Such findings should be stated clearly, concisely and unequivocally, and be worded so that they are not susceptible of more than one interpretation.” Commonwealth v.

Dzanku v. Brennan

270 F. Supp. 3d 376 · District Court, D. Massachusetts · Sep 6, 2017

However, the receipt which was returned to Dzanku clearly shows that the U.S. Marshal Service never served the pleading on the U.S. Postal Service because he had failed to provide an address for the agency. … the facility where' Dzanku worked and records establishing that Dzanku received EEOC training.

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”).

Shea v. Massachusetts Benefit Ass'n

160 Mass. 289 · Massachusetts Supreme Judicial Court · Jan 3, 1894

Unless therefore the plaintiff was *292 in some way debarred from questioning the validity of the assessment, the burden of establishing its validity clearly rested on the defendant; and upon the testimony of Litchfield, … Leake, Con. 24. *296 In the present case, it is impossible to say that Shea or those acting for him assented in advance that the defendant, in case of its desiring to qualify its acceptance of the money by a condition, might