Case law

Ferrara v. United States

384 F. Supp. 2d 384 · District Court, D. Massachusetts · Apr 12, 2005

Maryland, 373 U.S. at 87 , 83 S.Ct. 1194 , clearly established that the government has a duty to disclose to a defendant exculpatory evidence that is material to guilt or punishment. … In addition, in 1992, it was clearly established by the Court’s 1970 decisions in Brady v.

Harris v. Commissioner of Correction

409 Mass. 472 · Massachusetts Supreme Judicial Court · Mar 6, 1991

Again, however, although the regulations provide inmates subject to a disciplinary hearing with a qualified right to call witnesses, see 103 Code Mass. … The cases clearly are distinguishable.

Stark v. Lonnie G. Bunch

District Court, D. Massachusetts · Jul 30, 2020

He was sixty-two years old when he applied and “more than qualified” for both positions. [Id. ¶¶ 14–15]. … Therefore, the hiring process clearly continued after Plaintiff’s non-selection.

Raso v. Fahey (In Re Fahey)

470 B.R. 649 · United States Bankruptcy Court, D. Massachusetts · May 14, 2012

The Health and Welfare Fund and the Pension Fund were established in 1959, and the Annuity Fund was established in 1973, each pursuant to separate, but essentially identical, trust agreements (the “Trust Agreements”). 2 The … that “all contributions shall be considered and defined as plan assets including contributions that are properly due and owing but not yet paid to the Funds by Contributing Employers.” 66 Section 1.15 “specifically and clearly

Camerota v. Coll, Sacchetti & Karpells, Inc.

2005 Mass. App. Div. 112 · Massachusetts District Court, Appellate Division · Sep 23, 2005

P., Rule 64A establishes the framework for making requests for rulings of law. Such rulings may address either a relevant legal principle or the sufficiency of the evidence. … The trial judge’s findings were not clearly erroneous and therefore shall not be set aside. Mass. R. Civ. R, Rule 52(c).

Rogers v. Town of Plainville

1999 Mass. App. Div. 210 · Massachusetts District Court, Appellate Division · Aug 31, 1999

According to the Town’s Personnel By-law, which establishes the wages, hours *211 and conditions of employment of certain town employees, including, inter alia, dispatchers, employees who work five years but less than ten … Under this theory, would the employee qualify if he appeared and worked for one day, five days, a month? The By-law is silent in this regard.

Commonwealth v. Becker

71 Mass. App. Ct. 81 · Massachusetts Appeals Court · Jan 25, 2008

He alleges that (a) his constitutional right to travel under the privileges and immunities clause was violated because he was not treated as a welcome visitor; and (b) his right to be free from cruel and usual punishment … L. c. 6, § 178C, lists all of the Massachusetts crimes which qualify as “sex offenses,” and which, therefore, require prehearing registration.

Sarkisyanz v. National Ass'n for Armenian Studies & Research

1998 Mass. App. Div. 269 · Massachusetts District Court, Appellate Division · Dec 22, 1998

Clearly, “[u]pon default..., the factual allegations of a complaint are accepted as true for purpose of establishing liability.” Multi Technology, Inc. v. Mitchell Mgm. Systems, Inc., 25 Mass. App. … To qualify as a business record under §78, a writing need not be “an entry in a book,” so long as it was “made as a memorandum or record of any act, transaction, occurrence or event.”

Grenier v. Town of Shrewsbury

52 F. Supp. 3d 149 · District Court, D. Massachusetts · Sep 26, 2014

Therefore, Grenier must establish "good cause” for the amendment. Cruz v. … Additionally, it is not necessary for me to address Defendants’ assertion that the individual Defendants, i.e., the Board Members, are entitled to qualified immunity.

Plymouth Rock Assurance Corporation v. United States Postal Service

District Court, D. Massachusetts · Nov 27, 2023

That mandatory arbitration procedure “would conflict with the administrative arrangement established in the Federal Tort Claims Act.” Liberty Mut. Ins. Co., 490 F. … Mass. 2021) (“[T]he FTCA only waives sovereign immunity for claims for money damages.”). IV.

Whitman's Case

80 Mass. App. Ct. 348 · Massachusetts Appeals Court · Sep 6, 2011

Ct. 58, 59-62 (1987), this court held that the plaintiffs’ decedent qualified as a worker jointly employed by two employers, and that the decedent’s worker’s compensation coverage provided both employers with immunity from … The evidence established that PPM and Sarcia were undertaking the Ipswich project jointly. 6 In instances of symbiotic *356 business arrangements, the trend of courts is “to dispose of close cases, not by insisting on an

Cahaly v. Benistar Property Exchange Trust Co.

85 Mass. App. Ct. 418 · Massachusetts Appeals Court · Jun 6, 2014

In so doing, we accept the judge’s findings of fact as true unless they are clearly erroneous. … trust, or with a qualified intermediary.

Massachusetts v. Bartel (In Re Bartel)

403 B.R. 173 · United States Bankruptcy Court, D. Massachusetts · Apr 13, 2009

M.G.L. ch. 93A, § 4 clearly establishes the Attorney General’s right to bring such actions. 3 This right applies even if a company has ceased its unfair practices. Lowell Gas Co. v. … ch. 12, § 10 also invests the Attorney General with authority to take note of violations of the law and take appropriate action. 4 Nor does the Commonwealth had to have litigated those claims prior to the bankruptcy to qualify

Commonwealth v. Hourican

85 Mass. App. Ct. 408 · Massachusetts Appeals Court · Jun 4, 2014

A result of .08 percent, if credited by the factfinder, establishes guilt of OUI. G. L. c. 90, § 24(l)(a)(l), first par. Motion to suppress. … Concomitantly or independently, it may offer into evidence a properly qualified breathalyzer reading of .08 or higher. If the factfinder accepts the reading, it establishes per se the crime. See Commonwealth v.

Hennessey v. Town of Bridgewater

388 Mass. 219 · Massachusetts Supreme Judicial Court · Feb 22, 1983

This finding is supported by the evidence and is not clearly erroneous. Mass. R. Civ. P. 52 (a), 365 Mass. 816 (1974). See Broderick v. … Broderick, 392 U.S. 273, 278 (1968) (“If appellant, a policeman, had refused to answer questions specifically, directly, and narrowly relating to the performance of his official duties, without being required to waive his immunity

Custody of Vaughn

422 Mass. 590 · Massachusetts Supreme Judicial Court · May 7, 1996

The Probate Court’s findings clearly acknowledge that fact. … A qualified clinical psychologist with experience in family matters will, as Dr.

Walsh v. Carney Hospital Corp.

8 Mass. L. Rptr. 574 · Massachusetts Superior Court · Jun 10, 1998

s Establishment Clause. … Defendants argue that Carney Hospital is protected by the charitable immunity statute.

General Electric Co. v. Department of Environmental Protection

429 Mass. 798 · Massachusetts Supreme Judicial Court · Jun 24, 1999

statute, we are unable to discover anything in the nature or purpose of the statute specially applicable to these records ... or in [the public records statute], applicable to public records generally, which justifies us in qualifying … L. c. 66, § 10, that invites differing interpretations, and the Legislature clearly considered, but rejected, the exemption sought by the defendant.

Graf v. Hospitality Mutual Insurance

33 Mass. L. Rptr. 13 · Massachusetts Superior Court · Jun 29, 2015

Mass. 1992) (“We hold, therefore, that individuals . . . under contract with the government, are entitled to raise a qualified immunity defense because they are the functional equivalent of public officials”); Rodi v. … immunity).

Sullivan v. Boston Gas Co.

414 Mass. 129 · Massachusetts Supreme Judicial Court · Jan 12, 1993

Hence, these mental disturbances qualify as physical harm. Restatement (Second) of Torts § 436A comment c (1965). … Both plaintiffs may attempt to establish at trial that they satisfied the physical manifestation requirement of Payton v.