Case law

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.

White v. Spaulding

District Court, D. Massachusetts · Apr 24, 2020

Whether the Complaint States a Claim Under the Eighth Amendment Next, defendants contend that the complaint should be dismissed because they are entitled to qualified immunity. … The doctrine of qualified immunity protects public employees “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

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.

Wyeth v. Stone

30 F. Cas. 723 · U.S. Circuit Court for the District of Massachusetts · Oct 15, 1840

No such machinery is, in my judgment, established, by the evidence, to have been known or used before. … If he means to surrender his exclusive right in a qualified manner, or for a qualified trade, he should at the very time give public notice of the nature and extent of his allowance of the public use, so that all persons

Bierig v. Everett Square Plaza Associates

34 Mass. App. Ct. 354 · Massachusetts Appeals Court · Apr 23, 1993

Rather, the Act, the regulations, and the evidence at the motion hearing clearly established that the rents charged were permitted by the regulatory scheme 15 ; the owner is therefore exempt from judgment under c. 93A. … According to § 13A of the Act, no market tenant would qualify for a 13A subsidy.

Palmer v. BOARD OF SELECTMEN OF MARBLEHEAD

368 Mass. 620 · Massachusetts Supreme Judicial Court · Sep 29, 1975

They cite the well established principle that a statute conferring substantive rights, as opposed to one defining procedural practice, is not to have retroactive application unless the Legislature clearly *624 so intended … Significantly, the earlier versions of the bill contained an emergency preamble which in pertinent part provided that this bill is "to provide forthwith for a career incentive program for the recruitment and retention of well qualified

Aronson v. Internal Revenue Service

767 F. Supp. 378 · District Court, D. Massachusetts · Jun 24, 1991

It is well established that § 6103 of the Internal Revenue Code (“I.R.C.”), 26 U.S.C. § 6103 , generally qualifies as a statute within the scope of Exemption 3. See Church of Scientology v. … However, “Part B of Exemption 3 requires only that a statute either establish particular criteria or refer to particular types of matters.” Id. at 839 . Subsection (m)(l) clearly does the latter.

Commonwealth v. Edelin

371 Mass. 497 · Massachusetts Supreme Judicial Court · Dec 17, 1976

Clearly the doctor’s duty to the viable fetus arises at the time he knows or reasonably should know that he could be dealing with such a subject. … That immunity extends to the privilege of terminating the pregnancy; it does not protect against wilful, wanton or reckless conduct which causes the death of a viable fetus.

Prudential Insurance Co. of America v. Burns

513 F. Supp. 280 · District Court, D. Massachusetts · May 8, 1981

The determinations of the Office of Servicemen’s Group Life Insurance that the insured’s parents abandoned him and thus do not qualify as “parents” has not been challenged here, nor does it appear from the evidence that it … In the case at bar, although there is no specifically applicable federal statute involved, there clearly is an articulated federal policy which may well be thwarted by allowing abandoning parents to share in the distribution

Graceffa v. Waller

34 Mass. L. Rptr. 99 · Massachusetts Superior Court, Berkshire County · Feb 6, 2017

He cites no case law to support his proposition that employment as a stable hand or stable manager qualifies him as a domestic worker. … As of that date, he was clearly acting as the stable manager. Accordingly, he *103 is not entitled to recover for any unpaid overtime that he may have earned as a stable hand prior to April of 2012. C.

Murphy v. Hanright

238 Mass. 200 · Massachusetts Supreme Judicial Court · Mar 10, 1921

A delivery, however, may be established after such record. Parker v. Hill, 8 Met. 447 , The issue of delivery is ordinarily one of fact. Mills v. Gore, 20 Pick. 28 . … The discussion of the judge as to the evidence and its effect clearly indicates that he found there had been no delivery of the deed at any time, although no express finding to that effect was made.

R.D. v. A.H.

454 Mass. 706 · Massachusetts Supreme Judicial Court · Sep 11, 2009

Forrest, 278 Mass. 547, 552-554 (1932). 9 The judge was therefore correct in placing the burden on R.D., as the proposed permanent guardian, to establish A.H.’s unfitness; she was also correct that the standard of proof R.D … It is the purpose of this chapter to establish a means for such children either to be acknowledged by their parents voluntarily or, on complaint by one or the other of their parents or such other person or agency as is authorized

Epstein v. Lanza

6 Mass. L. Rptr. 705 · Massachusetts Superior Court · May 8, 1997

At a minimum, Plaintiff clearly qualifies as a limited purpose public figure, having thrust himself into the vortex of the behavioral science discussion in an attempt to influence its outcome, Lyons v. … One cannot reasonably characterize any statement in the Lanza essay as “extreme or outra *746 geous," within the definition established by Agis v. Howard Johnson, 371 Mass. 140, 144 (1976).

Cotter v. City of Boston

73 F. Supp. 2d 62 · District Court, D. Massachusetts · Oct 20, 1999

MOTION TO DISMISS STANDARD Taking all facts and inferences drawn therefrom in favor of the White Officers, this Court must grant a motion to dismiss “if it clearly appears, according to the facts alleged, that the plaintiff … Under the basic merit principles, such justifications are hardly “satisfactory” and Hart-nett was required to disapprove and establish satisfactory qualifications and specifications.

Martinez v. Harvey

1992 Mass. App. Div. 79 · Massachusetts District Court, Appellate Division · Apr 21, 1992

absenceof subsidiary findings isconsistentwith a Rule 56 ruling as “a judge does not properly ‘make findings’ in connection with a summary judgment proceeding, but only declares as a matter of law the material facts that are established … This undoubtedly reflects the nature of G.L.c. 84 which, as a partial abrogation of sovereign immunity, constitutes the exclusive remedy for breach of a statutory duty to maintain public ways. Compare Marsden v.

Diminico v. National Grange Mutual Insurance

30 Mass. L. Rptr. 654 · Massachusetts Superior Court · Dec 4, 2012

The party seeking the fees bears the burden of establishing the reasonableness of both components. See Society of Jesus of New Eng. v. Boston Landmarks Comm’n, 411 Mass. 754, 759 (1992). … Certainly, the result obtained on behalf of the class was a good one and the legal work was of a high qualify.

Commonwealth v. Cory

454 Mass. 559 · Massachusetts Supreme Judicial Court · Aug 18, 2009

Mendoza-Martinez, 372 U.S. at 168-169 . 13 , 14 The first four of these factors by themselves establish that the *569 GPS requirement has a pronounced punitive effect. … By way of analogy, a statute expanding the length of time that probation must run would clearly be punitive. Cf. Commonwealth v.

Alunkal v. Codex Corp.

1 Mass. L. Rptr. 592 · Massachusetts Superior Court · Mar 7, 1994

The MCAD complaint was clearly timely as to the transfer. … Alunkal can demonstrate a prima facie case of discrimination by showing that: (1) he belongs to a protected group; (2) he was qualified for and applied for a promotion [or was qualified to remain in his pre-transfer position

Hall v. Capeless

District Court, D. Massachusetts · Jan 20, 2021

Finally, Defendants argue that they would be entitled to qualified immunity. Id. at 12. … There is no legal basis for doing so and, to the extent, that Hall is referencing qualified immunity, the Court’s dismissal is on other grounds and did not reach this issue.

Shipley Co., Inc. v. Clark

728 F. Supp. 818 · District Court, D. Massachusetts · Jan 16, 1990

Defendants’ visits and reports to Shipley in Massachusetts, and the mailing of the employment contracts, qualify as “transacting business” for purposes of § 3(a). … Because defendants are clearly violating the no-compete covenants, Shipley has established a likelihood of success on the merits.