Case law

Abbott v. John Hancock Mutual Life Insurance

18 Mass. App. Ct. 508 · Massachusetts Appeals Court · Sep 7, 1984

Buck’s interests and those of the prospective pensioners clearly diverged. … Public policy forbids giving full effect to a clause purporting to immunize John Hancock from participation in the wrongs of the trustees, no matter how egregious. 18 If it can be effective to relieve John Hancock of liability

Commonwealth v. Reed

92 Mass. App. Ct. 1108 · Massachusetts Appeals Court · Oct 6, 2017

"[P]roof of authenticity usually takes the form of testimony of a qualified witness either (1) that the thing is what its proponent represents it to be, or (2) that circumstances exist which imply that the thing is what its … The video, which we have reviewed, clearly showed the man's features, hair color, and facial hair from different angles.

Deterra v. America West Airlines, Inc.

226 F. Supp. 2d 298 · District Court, D. Massachusetts · Sep 4, 2002

Defendant does contend that, even if Congress intended that a qualified handicapped person could bring suit in the federal courts for compensatory damages, Congress did not intend that a qualified handicapped person could … That is clearly not this case, since, in this case, plaintiff does not even allege, much less says that he will show, that the failure of a CRO to be present at the time of the incident was on account of the fact that the

Dolan v. Bay Construction Group Co.

3 Mass. L. Rptr. 21 · Massachusetts Superior Court · Nov 9, 1994

Article 114 of the Massachusetts Constitution Article 114 states: “No otherwise qualified handicapped individual shall, solely by reason of his handicap, be excluded from the participation in, denied the benefits of, or be … Dolan claims that she contracted cancer and seriously damaged her immune system as a result of exposure to toxic agents while working for AT&T.

First Baptist Church of Sharon v. Harper

191 Mass. 196 · Massachusetts Supreme Judicial Court · Mar 6, 1906

The effect of these enactments is that for the purpose of taking, holding and transmitting property a voluntary religious society possessed all the qualifying attributes of a duly organized corporation. Fisher v. … An examination of this instrument clearly shows that in terms it does not purport to be the grant of the Baptist Church of Sharon, acting by its trustees duly authorized to convey, but is in recitals, covenants, execution

Muldoon v. Whittier Regional School Committee

7 Mass. App. Ct. 653 · Massachusetts Appeals Court · May 24, 1979

Whittier is a regional vocational high school established under the provisions of G. … "I recommend that the Chairman of the School Committee instruct the Administrative Sub-Committee to work with the Superintendent Director to review all applications and to interview those candidates who are best qualified

Thomka v. Massachusetts Interscholastic Athletic Ass'n, Inc.

22 Mass. L. Rptr. 263 · Massachusetts Superior Court · Feb 12, 2007

At schools where there is insufficient student interest to establish separate boys’ and girls’ teams, the schools may field mixed-gender teams. … The plaintiff competed in the 2005 fall boys’ individual tournament, after qualifying by score, by reason of a preliminary injunction issued by the court. 13 Clearly, as the rule stands now,- if the plaintiff qualifies to

Potvin v. Speedway LLC

264 F. Supp. 3d 337 · District Court, D. Massachusetts · Sep 8, 2017

The undisputed material facts establish that Speedway exercised reasonable care in the circumstances. A view of the PLBs establishes that they were clearly visible. (See PI. Ex. 6 at 11-15). … Frederickson makes no attempt to explain why the area surrounding gasoline pumps qualifies as "a means of egress.” .

Save the Bay, Inc. v. Department of Public Utilities

366 Mass. 667 · Massachusetts Supreme Judicial Court · Jan 27, 1975

C. §§ 717 -717w (1970), and does not per se qualify under G. … L. c. 25, § 5, is not crucial since petitioner Pereira clearly has standing to bring this appeal.

R.L. Whipple Co. v. Coastal Energy, Inc.

17 Mass. L. Rptr. 78 · Massachusetts Superior Court · Aug 14, 2003

“If the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts which would establish the existence of a genuine issue of material fact in order to defeat … Employer’s immunity from tort claims by a plaintiff employee bars a third-party defendant’s right of contribution from the employer. Liberty Mutual v.

Pina v. Commonwealth

400 Mass. 408 · Massachusetts Supreme Judicial Court · Jul 9, 1987

Ct. 211, 213 (1983), “we stress[ed] that abrogation of governmental immunity need not necessarily mean that governmental entities would be liable for all harm which results from the conduct of their activities.” … It also includes determinations made by executives or administrators in establishing plans, specifications or schedules of operations. Where there is room for policy judgment and decision there is discretion.

Petrell v. Shaw

453 Mass. 377 · Massachusetts Supreme Judicial Court · Mar 16, 2009

The First Amendment does not grant religious organizations absolute immunity from tort liability. … The evidence was clearly to the contrary, as we now describe.

Adomaitis v. Director of Division of Employment Security

334 Mass. 520 · Massachusetts Supreme Judicial Court · Aug 7, 1956

prior to the amendment of the act by St. 1937, c. 421, § 1 (§ 19 [a], as inserted by St. 1935, c. 479, § 5 — “ . . . unemployment is directly due to a strike, lockout or other trade dispute still in active progress in the establishment … the percentage of curtailment of business activity which is necessary ...” and “no cases have reached the point to which the respondent desires to stretch the rule in the instant case where only 2bi% of the employees were qualified

Commonwealth v. Paiva

71 Mass. App. Ct. 411 · Massachusetts Appeals Court · Mar 21, 2008

As we have indicated, the Commonwealth’s case was sufficient; that does not mean, however, that it was immune from defeat. … Defense counsel began by inexplicably attempting to qualify the witness as an expert on “crack” cocaine addiction.

Greene v. Pacific Mutual Insurance

91 Mass. 217 · Massachusetts Supreme Judicial Court · Oct 15, 1864

There can be no doubt that the facts proved at the trial establish an indisputable case of barratry. … The course of decisions in England on this subject is concisely and clearly stated in 2 Arnould on Ins. 1064-1071.

Care and Protection of Jaylen

Massachusetts Supreme Judicial Court · Apr 17, 2024

And, while the Legislature clearly was aware of and considered the pendency of a § 24 proceeding affecting a nonmarital child, including presumably the power of the Juvenile Court judge to award "permanent" custody of … Id.  13 to a parent "qualified to give care to the child," G.

United States v. Knott

106 F. Supp. 2d 174 · District Court, D. Massachusetts · Jul 27, 2000

Third, waivers of sovereign immunity are to be narrowly construed and the award of legal fees is such a waiver. See Gardner at 1297 n. 24. … RMC has not shown that the three attorneys it retained were “qualified” in some “specialized sense” or that they had some “specialized skill needful for the litigation in question” as required to be reimbursed at a higher

Higgins v. Delta Elevator Service Corp.

45 Mass. App. Ct. 643 · Massachusetts Appeals Court · Oct 21, 1998

“Once the judge makes a preliminary finding that a witness is qualified to render expert opinion, as was done here, the jury may continue to evaluate the witness’s qualifications. … Higgins does not, however, dispute the fact that it is her burden to establish the elements of her negligence action, including causation, see Jean W. v.

White City Shopping Center v. PR Restaurants, LLC

21 Mass. L. Rptr. 565 · Massachusetts Superior Court · Oct 31, 2006

DISCUSSION Under the well-established test of Packaging Industries Group v. … PR argues that a flour tortilla qualifies as “bread” and a food product with bread and a filling is a sandwich.

TROY CURRENCE & Others v. A.D. MAKEPEACE COMPANY & Others

Massachusetts Appeals Court · Sep 19, 2025

Leaving aside the complaint's allegations about the town aquifer and water pollution (which also qualify), the alleged damage to the land and soil resources itself qualifies as damage to the Commonwealth's natural resources … Here that person is clearly Makepeace, the entity conducting earth removal. The same is not true for the defendant ERC, however.