Case law

Commonwealth v. Vuthy Seng

436 Mass. 537 · Massachusetts Supreme Judicial Court · Apr 23, 2002

We concluded that two proper recitations of Miranda warnings did not immunize a statement obtained after the police had advised the defendant “directly contrary” to a required portion of the warning and affirmed the motion … Defense counsel objected to Officer Toun’s translating the form because Toun was not qualified as a court interpreter.

Fay v. O'Connell

1990 Mass. App. Div. 141 · Massachusetts District Court, Appellate Division · Sep 7, 1990

Although the defendant would not qualify as an automobile seller as defined in 940 C.M.R. 5 .01(7), he nevertheless would qualify as a merchant under the UCC who, by his occupation as an automobile repairman, held himself … The truck which fell apart in four days was clearly not fit for ordinary purposes.

Labrecque v. Sodexho USA, Inc.

287 F. Supp. 2d 100 · District Court, D. Massachusetts · Oct 17, 2003

To assert a claim of failure to accommodate pursuant to the ADA, LaBrecque must establish each of the following: (1) that she suffers from a “disability” within the meaning of the ADA; (2) that she is a qualified person who … The next inquiry is whether LaBreeque was qualified to perform the essential functions of her job with or without a reasonable accommodation; ie., whether she was a qualified individual. B.

Diaz v. Devlin

229 F. Supp. 3d 101 · District Court, D. Massachusetts · Jan 10, 2017

As discussed above, Plaintiffs have not pled any facts which establish that Det. … The standard for what qualifies as such conduct has been set very high to “avoid litigation in situations where only bad manners and mere hurt feelings are involved.” Doyle v.

John Doe v. Sex Offender Registry Bd.

482 Mass. 643 · Massachusetts Supreme Judicial Court · Feb 5, 2019

L. c. 6, § 178C (listing all offenses that qualify as "[s]ex offense" under sex offender registry law). The second incident occurred in May 2014. … In a criminal case, where guilt must be established by proof beyond a reasonable doubt, we require that each **656 element of the offense be established by proof beyond a reasonable doubt. See Commonwealth v.

Anderson v. W.R. Grace & Co.

628 F. Supp. 1219 · District Court, D. Massachusetts · Feb 21, 1986

The Court of Appeals noted that such statutes, unlike the wrongful death statute, clearly permit judicial interpretation as to the time when the limitations period begins to run. … However, certain elements of plaintiffs’ emotional distress stem from the physical harm to their immune systems allegedly caused by defendants’ conduct and are compensable.

Mahoney v. Mahoney

5 Mass. App. Ct. 720 · Massachusetts Appeals Court · Dec 19, 1977

Mahoney qualified as executrix of the will. … The action sought to establish the existence of a trust, to compel Anne E. Mahoney to transfer the assets of the estate from herself to the trust, and to remove her as trustee.

Transmedia Restaurant Co. v. Elegant Appetites, Inc.

2000 Mass. App. Div. 289 · Massachusetts District Court, Appellate Division · Oct 20, 2000

In February, 1996, Transmedia entered into a contract with the defendant, Elegant Appetites, a Massachusetts corporation in the business of operating food service establishments. … ‘The alleged failure of promised consideration does not qualify as a defense to the instant action, particularly where it appears to be raised here for the first time.”

United States Ex Rel. Jones v. Brigham & Women's Hospital

750 F. Supp. 2d 358 · District Court, D. Massachusetts · Nov 10, 2010

Matters in dispute are clearly stated. All inferences are drawn in favor of the Relator. 2 . Throughout the Relator's complaint, the alleged false statements are never clearly established. … Schuff was more than qualified to testify about matters concerning the NIH review process, but did not provide any examples of past experience that would so qualify him. 8 .

Tuli v. Brigham & Women's Hospital, Inc.

592 F. Supp. 2d 208 · District Court, D. Massachusetts · Jan 6, 2009

Britt is not qualified to testify on the subject for which he is offered. 5 *213 See Ward v. … Nor have they challenged whether he is qualified to testify about that field, as he clearly is.

People's National Bank v. Freeman's National Bank

169 Mass. 129 · Massachusetts Supreme Judicial Court · Sep 9, 1897

The evidence of usage was that there is a well known and well established usage among the collecting national banks in Boston to allow parties to whom are addressed packages to which drafts are attached, with instructions … Such a temporary and qualified possession is not a delivery. See Maynard v. Maynard, 10 Mass. 456 ; Mills v. Gore, 20 Pick. 28 ; Markey v. Mutual Benefit Ins. Co. 103 Mass. 78 ; Hawkes v.

Gallagher v. Park West Bank and Trust Co.

951 F. Supp. 10 · District Court, D. Massachusetts · Jan 10, 1997

With this, the court will now consider each of the five factors established under Gray . … This factor clearly favors the plaintiffs. D.

Doe v. Sex Offender Registry Board

85 Mass. App. Ct. 482 · Massachusetts Appeals Court · Jun 18, 2014

This sentence refers to the fact that the Maine statute in question was narrower than the Massachusetts statute, and therefore “any act that qualifies as sexual conduct under the Maine statute would qualify as indecent under … SORB also relies on excerpts of the kidnapping trial transcript and factual allegations in the Federal criminal complaint, but these clearly and impermissibly speak to the underlying conduct.

AIF Realty, LLC v. TD Banknorth, N.A.

25 Mass. L. Rptr. 267 · Massachusetts Superior Court · Nov 17, 2008

Article XXIX, titled “Attorneys Fees,” establishes the following general rule for allocating attorneys fees: If either party brings any action or proceeding to enforce, protect, or establish any right or remedy, the prevailing … The various provisions of the Lease addressing attorneys fees clearly delineate the circumstances over which they govern.

DiGiulio v. Director of the Department of Unemployment Assistance

94 Mass. App. Ct. 292 · Massachusetts Appeals Court · Oct 24, 2018

The Legislature's use of the words "[n]otwithstanding the provisions of this subsection" in paragraph twelve "clearly signals the drafter's intention that the provisions of the 'notwithstanding' section override conflicting … Here, DiGiulio's husband is an agent of the DEA and thus does not qualify as a serving member in the armed forces. See G.

Echavarria v. Roach

District Court, D. Massachusetts · Sep 30, 2021

Qualified Immunity28 “Under the doctrine of qualified immunity, police officers are protected ‘from liability for civil damages insofar as their conduct does not violate clearly … Finally, Hollow argues that this claim is barred by qualified immunity because the law regarding when supervisory liability could be imposed was not established until May 1994 and the bulk of Plaintiff’s investigation took

Commonwealth v. Proprietors of New Bedford Bridge

68 Mass. 339 · Massachusetts Supreme Judicial Court · Oct 15, 1854

There is no principle of law which would thus furnish immunity to a corporation. … ordinary rules regulating the interpretation and construction of contracts, it will be found that the extent of the duty imposed on them, respecting the erection and construction of the draws over the channel of the river, is clearly

Doyle v. Secretary of the Commonwealth

448 Mass. 114 · Massachusetts Supreme Judicial Court · Dec 27, 2006

L. c. 231 A, § 2 (establishing express exemption from declaratory relief for “the governor and council [and] the legislative and judicial departments”). See Pawlick v. … successful, would establish a duty on the part of the Commonwealth to make health care insurance available to all Massachusetts residents.

Stop & Shop Supermarket Co. v. Big Y Foods, Inc.

943 F. Supp. 120 · District Court, D. Massachusetts · Oct 23, 1996

The February and March uses of "IT'S THAT SIMPLE” do not qualify as trademark use. … Nor can the use of “It’s That Simple” in Stop & Shop’s annual report qualify as a use "in commerce.”

Commonwealth v. Brugmann

13 Mass. App. Ct. 373 · Massachusetts Appeals Court · Apr 1, 1982

Sternglass is a qualified expert on the effects of nuclear radiation. … L. c. 263, § 40, reads as follows: “(a) Conduct is justified if it is necessary to avoid a harm, provided that: (1) the harm sought to be avoided by such conduct is clearly greater than that sought to be prevented by the