Case law

Mulhern v. Roach

398 Mass. 18 · Massachusetts Supreme Judicial Court · Jul 10, 1986

The evidence included testimony by an attorney who was qualified as an expert in eminent domain cases, that he had tried many cases against the plaintiff, that the plaintiff was “an outstanding trial lawyer . . . perhaps … This finding was not clearly erroneous. It is supported by supplementary findings concerning the method used to establish a reasonable probability of rezoning to a commercial use. See Roach v.

In re McIsaac

19 B.R. 391 · District Court, D. Massachusetts · Apr 12, 1982

The Mclsaacs’ success in these lawsuits is clearly speculative. … Finally, the testimony of the Mcls-aacs and the documentary evidence filed with the court clearly establish that, at the time the creditors petitions were filed, neither of the alleged bankrupts had sufficient assets to satisfy

Adoption of Breck

Massachusetts Appeals Court · Jul 9, 2025

"A judge's determination that the department made reasonable efforts will not be reversed unless clearly erroneous." Adoption of West, supra at 242. … The judge's finding that the department made reasonable efforts was not clearly erroneous. d. The permanency plan.

Turner v. City of Boston

462 Mass. 511 · Massachusetts Supreme Judicial Court · Jun 15, 2012

As a procedural directive that provides a means of referring matters to the council, rule 40A clearly falls within the *516 scope of the rulemaking authority that the city charter vests in the council. … Nevertheless, the other provisions and structure of the statute indicate clearly that such “action” is distinguishable from criminal prosecution, see, e.g., G.

Commonwealth v. LaCorte

373 Mass. 700 · Massachusetts Supreme Judicial Court · Nov 18, 1977

“Such proof 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 … Clearly, however, Officer Bickerton could have had no first hand knowledge of the presence of a woman at the scene prior to his arrival, and the judge *707 might have excluded the question on this ground.

Commonwealth v. Moore

214 Mass. 19 · Massachusetts Supreme Judicial Court · Feb 25, 1913

been said that “It should never be held that Congress intends to supersede or by its legislation suspend the exercise of the police power of the States, even when it may do so, unless the purpose to effect that result is clearly … It did not say, however, that he should be immune from valid police regulations by the several States. It went no further than to say that the federal act did not apply to him.

Commonwealth v. Callahan

401 Mass. 627 · Massachusetts Supreme Judicial Court · Feb 8, 1988

Such instructions clearly were correct. Id. … Establishment of religion.

City of Worcester v. Granger Bros.

19 Mass. App. Ct. 379 · Massachusetts Appeals Court · Feb 21, 1985

From that point on, the validity of paragraph 3 is governed by the established rule that “an award made within the scope of the submission is not made invalid by a mistake of the arbitrator as to law or fact.... … Indemnity is clearly available as a remedy to arbitrators, who have a broad commission to establish a balance between the parties and are, as a result, less restricted than courts in fashioning relief. *390 As previously

Antioch Temple, Inc. v. Parekh

383 Mass. 854 · Massachusetts Supreme Judicial Court · Jun 30, 1981

P. 53 (e) (2) (in nonjury ac *863 tions court is to accept master’s factual findings “unless clearly erroneous”). … to a master’s report in nonjury cases, “clearly stating the grounds for each objection.” 365 Mass. 817 (1974).

Union Institution for Savings v. City of Boston

129 Mass. 82 · Massachusetts Supreme Judicial Court · Jun 30, 1880

L. 85; Lord Chancellor Cairns and Lord Selborne were clearly of a different opinion. … In a later case, Lord Justice Amphlett considered it to be clearly established by the" previous decisions that in the case of a mercantile security it is to be supposed that the parties intended interest to run on at the

Petitti v. Massachusetts Department of Mental Health

859 F. Supp. 33 · District Court, D. Massachusetts · Nov 12, 1993

Second, the MDE’s determination that plaintiff legally qualified for unemployment benefits is irrelevant because the document provides no factual proof as to plaintiffs job performance. … Moreover, it is well established that engaging in a protected activity does not provide immunity for subsequent unsatisfactory performance and misconduct. Mesnick, 950 F.2d at 828 .

Massachusetts Financial Services, Inc. v. Securities Investor Protection Corp.

411 F. Supp. 411 · District Court, D. Massachusetts · Mar 26, 1976

This legislation established S.I. … Since that business clearly falls within the exception of sub-paragraph (i), M.F.S. contends it cannot be considered a member of S.I.P.C.

United States v. Elm Spring Farm, Inc.

38 F. Supp. 508 · District Court, D. Massachusetts · May 1, 1941

The very purpose of the passage of the Capper-Volstead Act was to guarantee cooperative associations immunity from prosecution under Federal antitrust laws. … This opinion is not intended to indicate, because of her prior designation as a handler, that Etta Giles could not qualify under the Act as a producer.

Commonwealth v. Drew

397 Mass. 65 · Massachusetts Supreme Judicial Court · Mar 12, 1986

[that] clearly indicate the trustworthiness of the statement.” … We conclude that the offered statement was not “clearly corroborated” and was therefore not admissible.

Murphy v. Safety Insurance

429 Mass. 517 · Massachusetts Supreme Judicial Court · May 4, 1999

James was a passenger in the insured vehicle at the time of the accident and qualified as a covered household member under Safety’s policy. … The Safety policy, which contains the language in the standard motor vehicle liability insurance policy established by the Commissioner of Insurance, see Hanover Ins. Co. v.

Commonwealth v. Nesbitt

452 Mass. 236 · Massachusetts Supreme Judicial Court · Aug 18, 2008

Brault’s statements to the 911 operator might also qualify as a dying declaration. See infra at 249-252. … Because Brault’s statement here qualifies under the narrower concept of a dying declaration, see Commonwealth v.

Ad Hoc Committee on Judicial Administration v. Commonwealth

358 F. Supp. 953 · District Court, D. Massachusetts · Mar 30, 1973

Settled state practice . . . can establish what is state law. The equal protection clause did not write an empty formalism into the Constitution. … In the case at bar, neither the duty owed nor its breach is easy to identify or determine much less may relief be granted using manageable judicial standards. 7 *960 V The Eleventh Amendment clearly bars the action against

In re Raytheon Securities Litigation

218 F.R.D. 354 · District Court, D. Massachusetts · Nov 25, 2003

Dec.23, 1993) (holding that party asserting the privilege has the burden of establishing non-waiver of the privilege). B. … Under this approach, “[i]f the primary motivating purpose behind the creation of the document is not to assist in pending or impending litigation, then a finding that the document enjoys work product immunity is not mandated

Merchants Mutual Ins. v. Face Place, Inc.

20 Mass. L. Rptr. 511 · Massachusetts Superior Court · Feb 10, 2006

Like Malcolm, each of these experts was highly qualified in the field of fire investigation. … “In considering whether an actor not clearly within the statute is entitled to repose, the court engages in a fact-based activities analysis.

Callahan v. AJ WELCH EQUIP. CORP. SUTTON

36 Mass. App. Ct. 608 · Massachusetts Appeals Court · Jun 3, 1994

Sutton next contends that the judge incorrectly determined that it was obligated to indemnify Beaver because the language of the indemnity clause did not clearly specify that Sutton would indemnify Beaver even if Beaver were … Star Brewing Co., 303 Mass. 53 , *614 54 (1939)(party seeking indemnification must establish that it was legally obligated to make payment). The judgment is vacated.