Case law

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

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

Freyermuth v. Lutfy

376 Mass. 612 · Massachusetts Supreme Judicial Court · Nov 13, 1978

Mezer, a psychiatrist and a duly qualified expert, testified that in his opinion the accident precipitated a recurrence of Mrs. Kendall’s involutional psychosis. The judge so found. There was no error on this point. … The witness: "No, sir, not until I saw her.” 5 The established rule is that where the result of an accident is to activate a dormant or incipient disease, or one to which the injured person is predisposed, the negligence

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.

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.

Deerfield Forest Apartments/U.S. Shelter Corp. v. Grigorian

1987 Mass. App. Div. 72 · Massachusetts District Court, Appellate Division · Apr 23, 1987

The trial justice, however, qualified his disposition of request 20 with both a reference to his subsidiary findings and a reiteration of his ultimate finding that no statutory violation occurred because of the defendant’ … Subsidiary finding number 11 establishes that the court in fact utilized the correct principles or law in adjudicating the parties’ controversy namely, that abandonment is a defense to a G. L. c.186, §14 claim.

Commonwealth v. Rodriguez

92 Mass. App. Ct. 774 · Massachusetts Appeals Court · Nov 3, 2017

Even with a qualified officer testifying, field test evidence may not be offered without a demonstration of its validity or reliability under Lanigan . … The improper use of the field test result clearly prejudiced the defendant, and we cannot say with fair assurance that the error had but slight effect. 2. Limitations on defense evidence .

Lyons v. Globe Newspaper Co.

415 Mass. 258 · Massachusetts Supreme Judicial Court · May 13, 1993

In the present case as well, the challenged article clearly indicated to the reasonable reader that the proponent of the expressed opinion engaged in speculation and deduction based on the disclosed facts. … Thus, we hold that under established principles of Massachusetts law the challenged statements were not actionable. Accordingly, we conclude that the defendants’ motion for summary judgment should have been allowed.

Risk Management Foundation of Harvard Medical Institutions, Inc. v. Commissioner of Insurance

407 Mass. 498 · Massachusetts Supreme Judicial Court · May 23, 1990

Clearly, c. 333 bears a substantial relation to the public health. … Equally well established is the principle that the Legislature may delegate to an officer of the executive branch the working out of the details of a policy established by the General Court....

Boston Gas Light Co. v. Old Colony & Newport Railway Co.

96 Mass. 444 · Massachusetts Supreme Judicial Court · Jan 15, 1867

The first alternative was not much pressed in argument, and clearly cannot be maintained. … They are to judge of the exigency, unless by contract, or by the order of the county commissioners, rights are reserved which limit and qualify their power. Brainard v. Clapp, 10 Cush. 6 .

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.

Thomas ex rel. BW v. Springfield School Committee

59 F. Supp. 3d 294 · District Court, D. Massachusetts · Nov 19, 2014

There is ample evidence in the record from which a jury could conclude that the third and fourth elements are established. … When a student does not attend school, she has clearly suffered the loss of educational opportunities. See Olmstead v. L.C. ex rel.

Yershov v. Gannett Satellite Information Network, Inc.

104 F. Supp. 3d 135 · District Court, D. Massachusetts · May 15, 2015

Indeed, and as noted, the VPPA expressly refers to the “addresses of consumers,” in a context clearly indicating that an addréss is PII. … received Hulu IDs, established Hulu profiles, and used Hulu’s video streaming services. 2012 WL 3282960 at *7. .

Jesionowski v. Beck

937 F. Supp. 95 · District Court, D. Massachusetts · Sep 13, 1996

immunity defense to monetary liability under § 1983. … The defendants have not raised or briefed any claims of qualified immunity in the instant motion. 19 .

Montgomery v. Bd. of Selectmen of Nantucket

95 Mass. App. Ct. 65 · Massachusetts Appeals Court · Mar 14, 2019

The issue of aggrievement is a question of fact for the judge, and the judge's ultimate findings on the issue will not be disturbed unless clearly erroneous. … ," and they did not otherwise qualify as aggrieved persons under G.

Druker v. Sullivan

334 F. Supp. 861 · District Court, D. Massachusetts · Nov 24, 1971

Since it is axiomatic that a motion for summary judgment should be granted only when all the facts entitling the moving party to judgment are admitted or clearly established, 2 and since the alleged impairment of federal … debt service obligations raises a genuine issue of material fact which is neither admitted nor clearly established, the Court must deny plaintiffs’ motion for summary judgment. 3 *864 Motions to Dismiss It does not follow

Attorney General v. Massachusetts Interscholastic Athletic Ass'n

378 Mass. 342 · Massachusetts Supreme Judicial Court · Jul 2, 1979

In particular situations, rotating systems might be adopted by which qualified boys were admitted but only a certain number could play in a given game. … On the contrary, to immunize girls’ teams totally from any possible con *364 tact with boys might well perpetuate a psychology of "romantic paternalism” inconsistent with such development and hurtful to it in the long run

Opinion of the Justices to the Senate & the House of Representatives

341 Mass. 738 · Massachusetts Supreme Judicial Court · May 26, 1960

L. c. 30A, or other review of the acts of the Authority in applying clearly defined statutory standards. … Many of the questions if directed to an appropriate bill relating to a clearly defined project for a public purpose would present themselves in a different aspect. Raymond S. Wilkins John V. Spalding Harold P.