Case law

Higgins's Case

284 Mass. 345 · Massachusetts Supreme Judicial Court · Nov 1, 1933

S. 552 , at page 560, where it is said that the rule to be applied in the interpretation of statutes “is established by many decisions. … The qualifying word “ordinary” was used. It would have been easy to omit that word if it had not been intended that meaning be given to it.

Luthy v. Proulx

464 F. Supp. 2d 69 · District Court, D. Massachusetts · Dec 14, 2006

. 17 Instead, section 1983 liability must be grounded in the execution of a government policy or custom to implicate a municipality in the deprivation of a person’s constitutionally protected rights. 18 Specifically, to establish … Harris, 489 U.S. 378, 385-87 , 109 S.Ct. 1197 , 103 L.Ed.2d 412 (1989) (discussing and identifying the kinds of policies that can qualify a city or town for municipal liability). 18 . Id. 19 . Foley v.

Commonwealth v. Hunt

45 Mass. 111 · Massachusetts Supreme Judicial Court · Mar 15, 1842

But it is an established rule in criminal cases, that the indictment must state a complete indictable offence, and cannot be aided by the proof offered at the trial. … Whatever illegal purpose can be found in the constitution of the Bootmakers’ Society, it not being clearly set forth in the indictment, cannot be relied upon to support this conviction.

Murphy v. Boston Herald, Inc.

449 Mass. 42 · Massachusetts Supreme Judicial Court · May 7, 2007

The judge 5 upheld the bulk of the verdict, but concluded that three of the statements for which the jury found the defendants liable qualified as protected statements. … The constitutionally required independent examination therefore takes place when, after compiling all of the facts implicitly established by the jury’s verdict, the court considers whether that body of facts, clearly and

Akar v. Federal National Mortgage Ass'n

843 F. Supp. 2d 154 · District Court, D. Massachusetts · Feb 9, 2012

According to the plaintiffs, the two mortgages together had a loan to value ratio of 95%, and they did not qualify for private mortgage insurance that would have protected the lender. (Id.). … The issue raised by the plaintiffs’ claim under the FDCPA is not whether the communications at issue were consistent with common practice or not clearly unlawful under Massachusetts law at the time they were sent.

Commonwealth v. Marrero

60 Mass. App. Ct. 225 · Massachusetts Appeals Court · Dec 29, 2003

criminal liability that a reasonable person in his position would not have made the statement unless he believed it to be true; and (3) the statement, if offered to exculpate the accused, is corroborated by circumstances clearly … Perez, 437 Mass. 186, 187-189 (2002), the appeal of a codefendant in this case convicted of being an accessory after the fact. 2 The unavailability of the declarant was established.

Barry Wright Corp. v. Pacific Scientific Corp.

555 F. Supp. 1264 · District Court, D. Massachusetts · Jan 28, 1983

Pacific’s dominance of the market generally and total control of mechanical snubbers in the United States clearly gave it market power. … Accepting all three contracts was Grinnell’s choice, apparently for two reasons: relatively favorable pricing and established availability of a reliable product.

Commonwealth v. Lucas

472 Mass. 387 · Massachusetts Supreme Judicial Court · Aug 6, 2015

Then, he sponsored a bill to help sex offenders qualify for taxpayer funded lawyers. That's the last thing I want my tax dollars spent on. … White, 116 Ill. 2d 171, 180 (1987) ("A public question clearly cannot be the victim of character assassination").

Alves v. Mazda Motor of America, Inc.

448 F. Supp. 2d 285 · District Court, D. Massachusetts · Aug 21, 2006

This conclusion is not qualified by any of plaintiffs arguments. … Defendants assert that Ridgeway and Lacek are not qualified to provide the evidence that they proffer.

J.R. v. K.R.

Massachusetts Appeals Court · Nov 21, 2025

"Unless clearly erroneous, the trial judge's determination of value will stand." Fechtor v. Fechtor, 26 Mass. App. Ct. 859, 863 (1989). … Neither the husband nor the wife provided a qualified expert on business valuation; the husband's expert witness was not qualified to provide valuation of the 7- Eleven; and the wife's expert witness did not consider the

Larson v. Borden

16 Mass. L. Rptr. 685 · Massachusetts Superior Court · Jul 15, 2003

In Hanover, the Court reasoned that since 1) eligibility turns on the ability to qualify for the appropriate funding; 2) to qualify an applicant must propose to build “low or moderate income housing”; and 3) the phrase is … To qualify as a housing program pursuant to the regulations, the program need not specify each of the criteria in its guidelines. Id. at *11.

Smith v. Burnham

22 F. Cas. 460 · U.S. Circuit Court for the District of Massachusetts · May 15, 1837

“It is a very old principle, to be found very clearly stated in Vernon, (Whaley v. … And yet, if the doctrine had been well established, it seems to me almost impossible that it should not be found clearly stated in the books, as it must be a ease of so frequent recurrence in practice.

In Re the Complaint of Tracey

608 F. Supp. 263 · District Court, D. Massachusetts · Apr 2, 1985

Even if the non-moving party has failed to offer responsive affidavits or other materials, the burden remains on the moving party to clearly establish the lack of any triable issues of fact. Adickes v. S.H. … “[M]erely because these two pleasure boats ... are regarded as ‘vessels’ for the purpose of establishing general admiralty jurisdiction does not mean that they must qualify as such for every provision under admiralty law.

Fox v. Lappin

409 F. Supp. 2d 79 · District Court, D. Massachusetts · Jan 17, 2006

The bill is not intended to establish a federal registry system, nor does it require States to enact new laws. … “[EJven if a statutory scheme requires individualized determinations ... the decisionmaker has the authority to rely on rulemaking to resolve a clearly certain issue of general applicability unless Congress clearly expresses

Dodge v. Dodge

18 Mass. App. Ct. 940 · Massachusetts Appeals Court · Aug 3, 1984

Counsel for the husband ably argue that the New York rule of construction (the “New York rule”) as to which the trial judge instructed the jury should be qualified and applied only in certain contexts. … Parenthetically, the husband did not adduce evidence satisfying the New York standard that waiver must be clearly established and will not be inferred from equivocal acts, Carfi v.

Gentili v. COMMONWEALTH OF MASSACHUSETTS

District Court, D. Massachusetts · Jul 20, 2022

Here, sovereign immunity clearly applies to each of Mr. Gentili’s claims, as he directly seeks declaratory and monetary relief against the Commonwealth. … Gentili bears the burden to establish that Congress has abrogated the Commonwealth’s immunity, or that the Commonwealth has consented to be sued. He can do neither.

Aquidneck Trucking, LLC v. Lightspeed Trucking, LLC

District Court, D. Massachusetts · Jun 20, 2025

As a technical matter, this is clearly incorrect. See, e.g., SBA-Backed Loan at 1 (stating that the agreement is “by and between” Aquidneck and its private lender). … Plaintiffs cite merely establish: 1) that the parties were aware of SBA’s guarantee;4 and 2) certain contingencies in the event of an SBA takeover.5 This is plainly insufficient. III.

Marshall v. McDonnell

12 Mass. L. Rptr. 49 · Massachusetts Superior Court · Aug 15, 2000

In fact, there is evidence that the day before the offer was signed, the seller-defendants gave the plaintiffs a hand-drawn plot plan that clearly delineates the parcel to be conveyed as a distinct portion of what was previously … The parties mutually acknowledge that their agreement is qualified and that they, therefore, contemplate the drafting and execution of a more *50 detailed agreement.

O'Connell Management Co. v. Massachusetts Port Authority

744 F. Supp. 368 · District Court, D. Massachusetts · Aug 8, 1990

Section 1983 provides a cause of action for the deprivation of any rights, privileges or immunities secured by the Constitution and laws of the United States. Wilder v. … I need not decide whether § 1983 provides the exclusive remedy for claims arising from the Fourteenth Amendment; the provision clearly applies in this case. 12 .

Makin v. Empresa Lineas Maritimas Argentinas

630 F. Supp. 1168 · District Court, D. Massachusetts · Mar 21, 1986

Neither did he attempt to establish radio contact. 6. By 9:00 p.m., Pilot Hamill could observe the CUYAHOGA’s sidelights change from red alone to red and green. … The “imminent peril” to which the special circumstances rules refer, however, is not the risk of collision presented by the burdened vessel in a crossing situation, for which the Rules clearly provide.