Case law

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

Eckl v. City of Boston

476 F. Supp. 1014 · District Court, D. Massachusetts · Sep 24, 1979

. § 1983 and denying dismissal of the claim brought under the Fourteenth Amendment, there have been significant changes in the law of municipal immunity. … The creation of municipal liability during the pendency of this case dictates that the court should depart from the previously established rule of the case.

Lareau v. Page

840 F. Supp. 920 · District Court, D. Massachusetts · Dec 27, 1993

Heller was qualified to testify on the matter, his testimony would have been cumulative. … The MacDonald case, while clearly establishing the learned intermediary defense under Massachusetts law, declined to follow it in a case involving oral contraceptives. Id. at 138-39 , 475 N.E.2d 65 .

United States v. Five Acres of Land

51 F. Supp. 117 · District Court, D. Massachusetts · Jul 30, 1943

By its original opinion, reported m the 1940 Advance Sheets of the Opinions of the Supreme Judicial Court, at page 851, the court clearly indicated that failure to comply with the statutory provision for certification caused … The phrase establishing the exception in the case of taxes not properly certified immediately follows and qualifies the provision that payment of such taxes shall be made a part of the terms of redemption.

Batchelder v. Borden, Inc.

2 Mass. L. Rptr. 637 · Massachusetts Superior Court · Oct 4, 1994

“If the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts that would establish the existence of a genuine issue of material fact in order to defeat … The plaintiff in this case has amassed sufficient evidence to qualify under at least the last three of these theories.

Daly v. Mason

District Court, D. Massachusetts · Sep 30, 2024

The Supreme Court has construed this Amendment to establish that “an unconsenting State is immune from suits brought in federal courts by her own citizens as well as by citizens of another state.” … As such, Plaintiff can establish the Court’s subject matter jurisdiction over the claims against Defendants in their official capacity only if he can show either that the Commonwealth has waived sovereign immunity, that

Dutil

437 Mass. 9 · Massachusetts Supreme Judicial Court · May 17, 2002

In fact, in 1988, the Legislature established a special advisory panel on forensic and mental health to study the matter. See St. 1988, c. 1, § 4. … A ‘qualified examiner’ need not be an employee of the department of correction or of any facility or institution of the department.”

Commonwealth v. Peck

86 Mass. App. Ct. 34 · Massachusetts Appeals Court · Jul 16, 2014

It is well established that "a conviction may be properly based entirely on circumstantial evidence so long as that evidence establishes the defendant's guilt beyond a reasonable doubt." Commonwealth v. … It was sufficient that the perjury warning in this case was clearly visible on the stolen motor vehicle form, located immediately above the signature line in boldface, prefaced by the word "warning" in large, capital

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

Cambridge Housing Authority v. Civil Service Commission

7 Mass. App. Ct. 586 · Massachusetts Appeals Court · May 17, 1979

The board clearly has the right to abolish a position it finds to be unnecessary and uneconomical. … Although the hearing officer concluded that "the evidence does not establish a quantum of bad faith, which, in itself, is sufficient to invalidate” the board’s action, see Murray v.

Crowe v. Examworks, Inc.

136 F. Supp. 3d 16 · District Court, D. Massachusetts · Sep 30, 2015

First, the precise number of excess hours the plaintiffs worked, and whether these hours qualify as overtime, are unclear. … The commonality requirement is clearly met for Count III, is barely met for Count IV, and is not met for Count V.

Giacalone v. I.E.S., Inc.

10 Mass. L. Rptr. 209 · Massachusetts Superior Court · May 17, 1999

They retained IES because they believed IES was qualified to perform an environmental site investigation. … Some damages, however, would clearly be recoverable were this case to proceed to trial.

Bellin v. Kelley

48 Mass. App. Ct. 573 · Massachusetts Appeals Court · Feb 18, 2000

If it is determined that the violation was “willful . . . , the violator shall not be entitled to claim any privilege absolute or qualified,” and he shall be liable for actual damages and exemplary damages. … The plaintiff also argues that without a grant of immunity, interrogation in a lie detector test would violate the plaintiff’s privilege against self-incrimination, citing Attorney Gen. v.

MacAulay v. Shields (In Re Shields)

147 B.R. 627 · United States Bankruptcy Court, D. Massachusetts · Nov 30, 1992

Clearly, the Debtor’s conduct cannot be condoned. This Court has no doubt that the Superior Court’s findings *630 were amply supported by the record in the state court proceeding. … Accordingly, the Court finds that the Plaintiffs cannot establish a critical element of proof under section 523, namely obtaining money by means of false representations.

Brown v. Commonwealth

12 Mass. L. Rptr. 426 · Massachusetts Superior Court · Oct 12, 2000

In order to establish a violation, the plaintiff must prove purposeful discrimination. Personnel Adm’r of Mass. v. Feeney, 442 U.S. 256, 274 (1979). … The court also has before it the reports and evaluations of qualified psychiatrists and any evidence and testimony which was introduced at the trial.

Stagikas v. Saxon Mortgage Services, Inc.

795 F. Supp. 2d 129 · District Court, D. Massachusetts · Jul 5, 2011

notice that I do not qualify for the offer.” … Plaintiffs could also be required to make payments into a newly established escrow account.” 2010 WL 4825632 at *3.

McFadyen v. Maki

21 Mass. L. Rptr. 251 · Massachusetts Superior Court · Jun 13, 2006

BACKGROUND The undisputed material facts, as established by the summary judgment record and taken in a light most favorable to the non-moving party, are as follows. … Although he acknowledges that snow-covered tree stumps posed some risk to its customers, Maki argues that his conduct does not qualify as wilful, wanton or reckless.

Reaves v. Department of Correction

195 F. Supp. 3d 383 · District Court, D. Massachusetts · Jul 15, 2016

Puerto Rico, 451 F,3d 13, 33 (1st Cir.2006) (“The Commonwealth defendants do not have Eleventh Amendment immunity against the ., Rehabilitation Act claims, because they waived such immunity by accepting, federal, funds.”) … For the purposes of thé instant motion, Reaves focuses his arguments on the federal claim. , The MPCH Defendants also argue that they are entitled to qualified immunity.

Commonwealth v. McLeod

437 Mass. 286 · Massachusetts Supreme Judicial Court · Jul 5, 2002

Both qualified examiners stated in their reports that the defendant declined to be evaluated as to his status as a sexually dangerous person. … L. c. 123 A clearly burden a fundamental right, namely a defendant’s liberty interest. See Foucha v.