Case law

Bouley v. Reisman

38 Mass. App. Ct. 118 · Massachusetts Appeals Court · Feb 3, 1995

“In testing the sufficiency of a change, we will read it as a whole ... to ascertain whether the judge has clearly, adequately, and correctly explained to the jury the principles that ought to guide and control their action … Reisman’s trial counsel established that Bouley’s attending physician after she left the emergency room was a Dr. Doshi. Through questions of the witness, Dr. Reisman’s lawyer tried to show that Dr.

Vecinos DeBarrio Uno v. City of Holyoke

880 F. Supp. 911 · District Court, D. Massachusetts · Mar 27, 1995

The “us” was fairly clearly the longtime white residential community, the “them” the more recent Hispanic minority. … Clearly, Pluta was supported by a significant number of Hispanic voters. The total vote for Pluta was 510 votes compared to 471 votes for Lopez.

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 .

Rosie D. v. Romney

410 F. Supp. 2d 18 · District Court, D. Massachusetts · Jan 26, 2006

These notices list services such as check-ups, dental exams, and immunizations but do not mention any mental health services. 16. … All DSS children who qualify for MassHealth receive their mental health services through MB HP. 71.

Mari & Sons Flooring Co. v. Southeastern Massachusetts University Building Authority

3 Mass. App. Ct. 580 · Massachusetts Appeals Court · Nov 28, 1975

Section 17 of the act 3 establishing the Authority (St. 1964, c. 703, as amended) makes applicable to the Authority the competitive bidding statute (G. … The critical figure in the proposal form was clearly the “net contract sum” — the eventual contract price at which the lowest bidder was to undertake the carpeting.

In Re Ralar Distributors, Inc.

166 B.R. 3 · United States Bankruptcy Court, D. Massachusetts · Feb 28, 1994

Because section 506(a) determines the amount of a claim, this reference is clearly not to the value of the collateral. That value is the subject of subsection (b) where the creditor is oversecured. … Compare In re 360 Inns, Ltd., 76 B.R. 573, 579 (Bankr.N.D.Tex.1987) (authorized postpetition loan qualifies for section 507(b) priority).

Beal Bank, SSB v. Eurich

444 Mass. 813 · Massachusetts Supreme Judicial Court · Aug 3, 2005

Eisenhauer, supra, the as-signee of a mortgage sought to establish that the mortgage had been discharged in error. … Clearly, EPS, as the bank’s servicing agent, had a business duty accurately to maintain such records for the bank.

Basf Catalysts LLC v. United States

479 F. Supp. 2d 214 · District Court, D. Massachusetts · Mar 26, 2007

Drawing such a conclusion is also unjustified considering that § 113(g)(3) lists no triggering event for settlements with a state, even though some such settlements clearly qualify under § 113(f)(3)(B). … ("Applying this definition, the instant action clearly qualifies as an action for contribution under section 9613(f)(1).

Powers v. H.B. Smith Co.

42 Mass. App. Ct. 657 · Massachusetts Appeals Court · May 20, 1997

Contrary to Smith’s contention, our review of the record indicates that the plaintiff met his initial burden of establishing a prima facie case of age discrimination. … L. c. 15 IB (he was over the age of 40); (2) he was qualified for the position of quality control inspector; (3) he was terminated; and (4) a similarly or less qualified younger person was retained. 6 See Tardanico, supra

Allison v. Ficco

284 F. Supp. 2d 182 · District Court, D. Massachusetts · Aug 13, 2003

established federal law. … Nor was the Supreme Judicial Court’s rejection of Allison’s claim an unreasonable application of clearly established federal law.

ASHLEY M. MILLS v. CITY OF SPRINGFIELD and Another

Massachusetts Superior Court · May 6, 2024

G.L. c. 79, § 10.[17] The defendants argue that the retention of an owner's surplus value over the amount owed to a municipality is a taking in pais and qualifies as a "seizure" of "personal property" within the meaning of … Mills' motion for summary judgment, the Court need not address the defendants' contention that Lonergan should be dismissed from this action because of qualified immunity. -18- Massachusetts Declaration of Rights and the

Sexual Minorities Uganda v. Lively

960 F. Supp. 2d 304 · District Court, D. Massachusetts · Aug 14, 2013

It must be demonstrated, in addition, that the persecution has been “part of a widespread or systematic attack” to qualify as a crime against humanity. … It is well-established, however, that the Petition Clause does not immunize a defendant’s interactions with foreign governments. Australia/E astern U.S.A. v.

Forbes Park, LLC v. Irving Oil Corp.

26 Mass. L. Rptr. 378 · Massachusetts Superior Court · Nov 30, 2009

Defendants correctly point out that G.L.c. 2IE, §5, establishes liability only for “damage to . . . real or personal property,” not for consequential economic damages. See Garweth v. … Mobil Oil 747 F.Sup. 93101-102 (D.Mass.), in which the Court assumed, without deciding, that operation of a gas station would qualify as an abnormally dangerous activity, but dismissed the claim of strict liability on other

Raytheon Co. v. Tully

1 Mass. L. Rptr. 620 · Massachusetts Superior Court · Mar 30, 1994

An admission “conclusively establishes” the admitted material. Mass.R.Civ.P. 36(b). … Tully, however, testified at his deposition that he had formed an opinion as to whether his conduct complied with the professional standards of an average, qualified attorney.

Commonwealth v. Mendez

476 Mass. 512 · Massachusetts Supreme Judicial Court · Feb 22, 2017

Depina, 456 Mass. 238, 247 (2010), the trooper clearly had reasonable suspicion for the stop. See Commonwealth v. … He first argues that the immunized witness instruction regarding Moitoso was reversible error, as it improperly bolstered his credibility.

Wright v. Wright

10 Mass. L. Rptr. 357 · Massachusetts Superior Court · Aug 4, 1999

essential elements of a §1983 action are present: (1) whether the conduct complained of was committed by a person acting under color of state law; and (2) whether this conduct deprived a person of rights, privileges or immunities … sets forth the procedures for release of academic and other records to noncustodial parents and more clearly delineates the responsibilities of school officials and the rights of parents.

Freeman v. Planning Board

419 Mass. 548 · Massachusetts Supreme Judicial Court · Feb 24, 1995

Most recently, the First Circuit has observed: “Clearly, it is no simple matter to decide what abuses to regard as abuses of ‘substantive’ due process. … In view of our disposition of these issues, we need not reach questions related to qualified immunity raised by the defendants. *567 5. The judgments are reversed. Judgments are to enter for the defendants. So ordered.

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.

Allen v. Allen

86 Mass. App. Ct. 295 · Massachusetts Appeals Court · Sep 16, 2014

Harold argues that proper recording is not required for the July deed to be valid against Deborah because she qualifies both as the grantor's heir and as the grantor's devisee. … That result cannot be what the Legislature intended in establishing the recording system. See Ward v. Ward, 70 Mass. App.

Mounsey v. Ellard

363 Mass. 693 · Massachusetts Supreme Judicial Court · Jun 6, 1973

Instead of challenging the efficacy of a classification that establishes immunities from liability which no longer comport with modern accepted values and common experience, many courts have carved out special exceptions … acquaintances rendering friendly help in household routine or commonplace tasks to another member of the group does not cease to be a licensee or social visitor unless the character or circumstances of the assistance make it clearly