Case law

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.

Powell v. Stevens

17 Mass. L. Rptr. 592 · Massachusetts Superior Court · May 3, 2004

[T]he special damages rule of the slander of title action requires the plaintiff to establish pecuniary loss that has been realized or liquidated, as in the case of specific lost sales. … It is unclear, however, whether attorneys fees would qualify as special damages.

In Re McIsaac

19 B.R. 391 · United States Bankruptcy Court, D. Massachusetts · Apr 12, 1982

The McIsaacs' success in these lawsuits is clearly speculative. … Finally, the testimony of the McIsaacs 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

Commonwealth v. Corcoran

252 Mass. 465 · Massachusetts Supreme Judicial Court · May 22, 1925

The defendant Reese, who was called and testified as a witness, was promised immunity by the district attorney if she would testify. … It is well established that evidence which merely tends to prove that defendants have committed similar offences is not admissible.

Rosado v. Commissioner of Correction

Massachusetts Appeals Court · May 22, 2017

and other inmates.6 The extraordinary difficulties inherent in 6 General Laws c. 124, § 1, as amended by St. 1972, c. 777, § 5, provides in pertinent part that the Commissioner shall: "(a) designate, establish … Longcope, 394 Mass. 577, 578-582 (1985), or that the defendants are entitled to qualified immunity. See Ford v. Bender, 768 F.3d 15, 23 (1st Cir. 2014).

Federal Deposit Insurance v. Source One Mortgage Services Corp.

844 F. Supp. 40 · District Court, D. Massachusetts · Jan 28, 1994

For example, in bankruptcy law cases, the courts have clearly recognized that a creditor may recoup offsetting prepetition obligations owed under a contract without being accused of a preference. 13 Similarly, in this case … by regulation to be a qualified financial contract for the purposes of this paragraph.” 12 U.S.C. § 1821 (e)(8)(D)(i).

Tabor School Camp, Inc. v. Norfolk Hunt Club

30 Mass. App. Dec. 129 · Massachusetts District Court, Appellate Division · Jul 1, 1964

In that case the question was whether the bailee of a car, left with it to be repaired and painted, was liable for the loss of the car in a fire not due to negligence, in another establishment to which it had sent the car … The fact that Dana Hall School happened to have an excellent riding department, which was well qualified from all of the evidence to give the type of care required for the horse is only incidental and of no import, and further

The Reeside

20 F. Cas. 458 · U.S. Circuit Court for the District of Massachusetts · May 15, 1837

It may also be admitted to ascertain the true meaning of a particular word, or of particular words in a given instrument, when the word or words have various senses, some common, some qualified, and some technical, according … There is a most significant circumstance in the evidence, .established, as I think, beyond all reasonable controversy, which shows, that Capt.

Caola v. Delta Air Lines, Inc.

59 F. Supp. 2d 166 · District Court, D. Massachusetts · Jul 20, 1999

The Delta Plan The Delta Plan, a non-contributory employee welfare benefit plan established and *168 maintained pursuant to Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001 et seq., provides for … reasonable, courts have given due consideration to a number of factors, inter alia, 1) whether the interpretation renders any language in the plan “meaningless or internally inconsistent”, 2) whether the interpretation is “clearly

Tarbell v. Parker

101 Mass. 165 · Massachusetts Supreme Judicial Court · Jan 15, 1869

The defence is, that the *166 note has been paid or extinguished by operation of law, so that no judgment can be rendered upon the mortgage; and we have only to see if the facts establish this defence. … Jewett was appointed and qualified as one of his executors. If the note were held by Abel Jewett as indorsee, this would constitute in law primd facie a discharge of the note, Samuel A.

Rosnov v. Molloy

460 Mass. 474 · Massachusetts Supreme Judicial Court · Aug 31, 2011

The presumption that statutes operate prospectively is well established. Fleet Nat’l Bank v. … This cannot qualify as a “swift” response. Swift v. AutoZone, Inc., 441 Mass. 443, 449-450 (2004).

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.

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.

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

Motzkin v. Trustees of Boston University

938 F. Supp. 983 · District Court, D. Massachusetts · Aug 5, 1996

Car-parts clearly rejects this argument. … This claim is clearly without merit.

Millennium Equity Holdings, LLC v. Mahlowitz

73 Mass. App. Ct. 29 · Massachusetts Appeals Court · Oct 28, 2008

As to this claim, the judge ruled that (1) Mahlowitz, as an attorney, was entitled to complete and absolute immunity for authorized actions taken on behalf of a client during the course of litigation before the Probate and … “In doing so we apply the rule that [relevant] findings of fact made by the judge below are to be accepted by us unless clearly erroneous, Mass. R. Civ.

CHAPMAN EX REL. EST. OF CHAPMAN v. Bernard's Inc.

167 F. Supp. 2d 406 · District Court, D. Massachusetts · Sep 20, 2001

Product Identity Bernard’s contends that summary judgment is appropriate because Chapman cannot establish that it distributed the subject daybed. … Poydar’s resume qualifies him as an expert on the engineering of daybeds, cribs, baby furniture or even furniture in general.

Adams v. Bancroft

1 F. Cas. 84 · U.S. Circuit Court for the District of Massachusetts · Oct 15, 1838

Unless there be some other section in the act of 1833, or in some other act, which qualifies or modifies this general exemption, there would seem to be an end of the matter. … I have not thought it necessary, therefore, to examine into the form of the declaration, because the statement of facts, agreed to by the parties, clearly brings the case within the statute.

Phelps v. MacIntyre

397 Mass. 459 · Massachusetts Supreme Judicial Court · Apr 29, 1986

The facts before the motion judge did not clearly preclude the possibility that the plaintiff might incur additional medical expenses before trial raising the total medical expenses then incurred ($324) above $500. … Schupp, 383 Mass. 739, 743 (1981) (considering a question not directed to whether anticipated posttrial medical expenses could qualify toward the $500 threshold, we said that the no-fault statute “places no time constraint

Unitt v. Bennett

District Court, D. Massachusetts · Apr 3, 2020

This may well ultimately lead to summary judgment in defendants’ favor, but in 6 Defendants also make a passing reference to an entitlement to qualified immunity. … request for a grant of qualified immunity are denied without prejudice. A scheduling order will follow.