Case law

Resolution Trust Corp. v. City of Boston

150 F.R.D. 449 · District Court, D. Massachusetts · Aug 18, 1993

Thus, the Commonwealth and the City share the same “ultimate goal” in the context of this suit: to establish that FIRREA does not preempt the Boston rent control Ordinance. … The City does not formally represent most Commonwealth citizens and is not motivated to defeat RTC’s claim of immunity from the Ordinance in order to assure that similar current or future rent control ordinances throughout

Comfort v. Lynn School Committee

150 F. Supp. 2d 285 · District Court, D. Massachusetts · Jun 29, 2001

Agnew was told that a waiting list had been established for enrollment to the newly opened school. … The implementation of the Lynn Plan qualifies the Lynn Public Schools for certain additional educational aid from the Commonwealth of Massachusetts. 2 .

Williams v. HealthAlliance Hospitals, Inc.

135 F. Supp. 2d 106 · District Court, D. Massachusetts · Mar 27, 2001

The Split Dollar Plan also qualifies as a welfare benefit plan under the test set forth therefor by the First Circuit Court of Appeals. … Williams’ claim for breach of contract is clearly preempted because he would have to prove the existence of an employee benefit plan governed by ERISA (i.e. the Split Dollar Plan) to support his claim that benefits owed to

Cowley v. Pulsifer

137 Mass. 392 · Massachusetts Supreme Judicial Court · Jun 27, 1884

Bell, ubi supra, clearly implies that the privilege claimed by the defendants does not protect them. *396 He says that a fair statement of the proceedings, “ when they have been acted upon and decided, made with an honest … We have placed only a qualified reliance on the cases cited, because some of them were decided too early to be conclusive, and those on the question of contempt have been placed on grounds not perhaps convincing with regard

In re Maclub of America, Inc.

295 Mass. 45 · Massachusetts Supreme Judicial Court · Jul 1, 1936

Penalties are established for violation of this section. By § 2 of said c. 346 there were added to said c. 221, §§ 46A and 46B. … Clearly, whether upon the list of attorneys or not, the attorney accepts the service upon the credit of the respondent. It may refuse to deal with him. It may fix the compensation.

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.

Bonney v. Washington Mutual Bank

596 F. Supp. 2d 173 · District Court, D. Massachusetts · Feb 9, 2009

There are no facts pled, however, which would establish the omitted transaction date as a matter of law; at best, the complaint asserts that Plaintiffs’ mortgage loan was obtained “[o]n or about” May 13, 2005. … Abrams, 833 F.Supp. 253 , 263 n. 16 (S.D.N.Y.1993) (“qualified immunity is measured by a standard of objective reasonableness, and therefore cannot ordinarily support dismissal under Fed.R.Civ.P. 12(b)(6)”) (citing Liffiton

Kent v. Commonwealth

12 Mass. L. Rptr. 165 · Massachusetts Superior Court · Jul 27, 2000

Co. forcefully rejected the argument that the work product privilege, described by the court as an established legal doctrine forming part of the common law, should be implicitly read into the PRL. See id. at 804-06. … construed to include any implied exceptions, regardless of public policy concerns, of the common law, or of any other consideration; I read the *168 court to be saying that the exemptions expressly set out in the statute very clearly

Allard v. Carroll

7 Mass. L. Rptr. 262 · Massachusetts Superior Court · Jul 11, 1997

Despite disharmonious definitional authority, Plaintiff appears to qualify. … More substantively, Plaintiffs exhibits clearly establish her collateral agreement with Porthouse vis a vis the two promissory notes whereby Porthouse assumed full responsibility for the $83,500 note (Slade loan) and one-third

Commonwealth v. Barbot

92 Mass. App. Ct. 1118 · Massachusetts Appeals Court · Dec 15, 2017

To qualify as reasonable, the officer's suspicion must be based on "specific, articulable facts and reasonable inferences drawn therefrom." Commonwealth v. DePeiza , 449 Mass. 367 , 371 (2007) (quotation omitted). … Because the facts known to the police established a reasonable basis for stopping the defendant, we need not go further.

Khederian v. Burchill

1 Mass. App. Div. 547 · Massachusetts District Court, Appellate Division · Nov 19, 1936

It is well established that a party to an illegal contract will be left by the law where he finds himself. Boylston Bottling Co. v. O’Neil, 231 Mass. 498, 501 . … It clearly appears that the- plaintiff’s assignor purported to sell and the defendant to buy the “licenses” and the “business” as a going concern, and that it was intended by the parties to the agreement that the business

Holt v. County Broadcasting Corp.

343 Mass. 363 · Massachusetts Supreme Judicial Court · Dec 19, 1961

Ho abuse of discretion has been established. See G-. L. c. 231, § 51; Finnegan v. Checker Taxi Co. 300 Mass. 62, 65-66 ; Duquenoy v. … Although there was no showing that County admitted a breach, the use of the word “breached” by the judge was clearly only a slip of the tongue.

Beling v. Radiation Monitoring Devices, Inc.

10 Mass. L. Rptr. 542 · Massachusetts Superior Court · Sep 22, 1999

To establish a prima facie case of handicap discrimination, the plaintiff must present evidence that: (1) she is handicapped within the meaning of the statute; (2) she is qualified to perform the essential functions of the … However, co-employees themselves “are not immunized from suit by the workers’ compensation act for tortious acts, which are unrelated to the interest of the employer.” Id. (citations omitted).

Harrison v. Massachusetts Society of Professors/Faculty Staff Union/MTA/NEA

405 Mass. 56 · Massachusetts Supreme Judicial Court · May 15, 1989

. *59 On the plaintiffs’ motion for summary judgment the judge ruled that the Commonwealth, acting through the trustees, was immune from suit and that the union was not liable under § 1983, because it was not acting under … The applicable statute and regulations clearly require the union to establish a rebate procedure as a precondition to collecting an agency fee, 10 and in Hudson , the Supreme Court noted that, in order to be constitutional

Thornton v. Harvard University

2 F. Supp. 2d 89 · District Court, D. Massachusetts · Mar 26, 1998

This action concerns a Harvard Law School (“Harvard”) financial aid program by which Harvard helps qualifying graduates repay their educational loans. … The Notes themselves clearly and unambiguously inform Thornton of their payment terms.

Knights v. Putnam

20 Mass. 184 · Massachusetts Supreme Judicial Court · Sep 15, 1825

If the transfer was voidable only, and Lord Kenyon clearly so considers it, for he likens it 'to a sale which is fraudulent against creditors, I see no legal reason why the maker of the note should be allowed to avoid it. … The indorsement being unqualified in terms is not to be qualified *188 or restricted by the testimony of the indorser, establishing an interest in the note in himself or in his assignee.

Grendel's Den, Inc. v. Larkin

582 F. Supp. 1220 · District Court, D. Massachusetts · Apr 4, 1984

While a failure to maintain contemporaneous records clearly increases petitioners’ evidentiary burden, see Ramos v. … He is a qualified and respected lawyer, although he does not now have the unique reputation enjoyed by his colleague Professor Tribe.

Peddar v. Peddar

43 Mass. App. Ct. 192 · Massachusetts Appeals Court · Jul 22, 1997

Section 2-205(d) of the uniform act qualifies the availability of § 2-207(a) and (6). 9 Section 2-205(d) provides that “[a] tribunal of the commonwealth shall recognize the continuing, exclusive jurisdiction of a tribunal … The demands of the Federal act are clearly revealed in a “Statement of Policy” in which Congress declared that “it is necessary to establish national standards under which the courts of the various States shall determine

Scott v. Granada Computer Services, Inc.

5 Mass. L. Rptr. 351 · Massachusetts Superior Court · May 2, 1996

Under that formulation the vague or ambiguous complaint tends to be immune from dismissal under rule 12 . . . but where . . . the complaint sets out with clarity and precision the detailed factual allegations which the plaintiff … established public policy.”

Slater v. Rawson

47 Mass. 439 · Massachusetts Supreme Judicial Court · Oct 15, 1843

However this may be, according to the doctrine of the ancient feudal law, it is not supported by modern decisions, and is not applicable to our tenures, except in a qualified and limited sense. … And this principle is well established in this Commonwealth. In Newhall v.