Case law

Licensing Board v. Alcoholic Beverages Control Commission

16 Mass. L. Rptr. 777 · Massachusetts Superior Court · Oct 6, 2003

Taken together, these provisions of the Agreement clearly cast Advisors in a subservient role to Oznemoc. … Without some specific articulable basis for implicating Hurd personally in some wrongdoing in the course of his duties as a manager of a licensed establishment, the Commission correctly determined that Hurd is qualified to

Pierson v. Stembridge

27 Mass. L. Rptr. 274 · Massachusetts Superior Court · May 24, 2010

Pierson has met her initial burden of establishing a primafacie case of age discrimination. … In short, Pierson has failed to establish any connection between her age and the defendants’ actions.

Brigham v. Sun Life of Canada

183 F. Supp. 2d 427 · District Court, D. Massachusetts · Feb 6, 2002

To qualify for long term benefits after the sixty-month mark, the employee’s illness must prevent him “from engaging in any occupation for which he is or becomes reasonably qualified by education, training, or experience. … The phrase “satisfactory to us” clearly grants to Sun Life discretionary authority over eligibility decisions.

United States v. New York, N. H. & H. R.

165 F. 742 · U.S. Circuit Court for the District of Massachusetts · Dec 4, 1908

Webster was quoted as follows: “By the law of the land is most clearly intended the general law; a law 'which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial. … The meaning is that every citizen shall hold his ¡life, liberty, property, and immunities under the protection of the general rules which govern society.”

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.

United States v. Nanlo, Inc.

519 F. Supp. 723 · District Court, D. Massachusetts · Aug 3, 1981

The propriety of this procedure is firmly established. … The authority of the FTC to request the QFR is clearly established here, see Part II, B, supra, and I do not understand Nanlo to seriously challenge the relevancy of the information sought.

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.

In re G.P.

473 Mass. 112 · Massachusetts Supreme Judicial Court · Nov 5, 2015

When the respondent appears in court, a qualified physician, psychologist, or social worker must examine her. Id. Counsel may remain present during the examination. See R.B. Minehan & R.M. … Clearly the degree of risk that the third prong requires to be proved is greater than that required by the first or second prong: by definition, a “very substantial” risk is not the same as a “substantial” risk, and requires

Muchnick v. Bay State Harness Horse Racing & Breeding Ass'n

341 Mass. 578 · Massachusetts Supreme Judicial Court · Jan 3, 1961

Another reason why the title does not indicate an unconditional maturity date of June 1, 1954, is that such a construction would ignore the words “except as hereinafter provided” in the paragraph qualifying the efficient … In this connection we are of opinion that “prior” clearly means prior in time and not prior in right; and, contrary to the plaintiffs’ contention, that it does not relate to priority in right in case of insufficiency of assets

Cosenza v. City of Worcester

District Court, D. Massachusetts · Jan 9, 2023

Qualified Immunity The defendants argue qualified immunity bars liability for the suppression and fabrication claims. … The second prong concerns whether the law was clearly established at the time of the violation and whether a reasonable defendant would know his conduct violated the plaintiff’s rights. Id.

Green v. United States

158 F. Supp. 804 · District Court, D. Massachusetts · Jan 30, 1958

Attorney Hassan for complete immunity * * * if he would testify to a perjured statement that petitioner and Jacobonis robbed the Norwood Bank.” … “It is clearly established that an appellant [or petitioner] must do more to void his conviction than to show the conviction was secured by perjured testimony.

Akerman v. GlaxoSmithKline, LCC

261 F. Supp. 3d 62 · District Court, D. Massachusetts · Aug 4, 2017

Because animal reproduction studies are not always predictive of human response, this drug should be used during pregnancy only if clearly needed. (Id. ¶ 50). … [Cjourts are'not institutionally qualified to balance the complex, interrelated, and divergent policy considerations in determining labeling and liability obligations of brand and generic pharmaceuticals. 850 N.W.2d at 377

Commonwealth v. Guardado

Massachusetts Supreme Judicial Court · Oct 26, 2023

At the time of the defendant's trial, this court's precedent clearly had established that absence of licensure was not an essential element of any of the crimes with which the defendant was charged. … To the extent that Beal suggests that retrial is barred on double jeopardy grounds due to insufficient evidence, no matter the state of clearly established precedent, it is no longer valid precedent.

Shaulis v. Nordstrom Inc.

120 F. Supp. 3d 40 · District Court, D. Massachusetts · Aug 14, 2015

“[Wjhether the particular violation or violations qualify as unfair or deceptive conduct is best discerned from the circumstances of each case.” Id. (quoting Kattar v. … The price tag clearly stated a “Compare At” price of $218.00, and identified a “77% Savings.” (Second Am. Compl. Exs. A-B).

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.

City of Quincy v. Brooks-Skinner, Inc.

325 Mass. 406 · Massachusetts Supreme Judicial Court · Mar 3, 1950

It is a method of establishing facts. Nothing is more common in practice or more useful in dispatching the business of the courts than for counsel to admit undisputed facts. … One obtaining a judgment against a municipality could never be sure that it was immune from attack until the time for granting writs of review had expired. See G. L. (Ter. Ed.) c. 250, § 22.

Commonwealth v. Lam Hue To

391 Mass. 301 · Massachusetts Supreme Judicial Court · Feb 29, 1984

He answered, “No,” and did not qualify his *304 answer or expand it. … minutes, the judge discussed such matters as jury selection, interrogation and possible sequestration, interpreters, evidentiary stipulations, lists of anticipated witnesses, and the possibility of a witness’s requiring immunity

Inhabitants of Brighton v. Wilkinson

84 Mass. 27 · Massachusetts Supreme Judicial Court · Jan 15, 1861

owners of the land over which the highway was laid. *29 To sustain this proposition, they insist, in the first place, that the proviso in St. 1824, c. 15, above recited, constitutes a grant by the Commonwealth of a perpetual immunity … This is certainly not made very clearly to appear.

Rafferty v. Merck & Co., Inc.

479 Mass. 141 · Massachusetts Supreme Judicial Court · Mar 16, 2018

First, the amendments established a simpler and speedier approval process for generic drugs. See 21 U.S.C. § 355(j). … The judge relied on "two well-established . . .

Globe Newspaper Co. v. Boston Retirement Board

388 Mass. 427 · Massachusetts Supreme Judicial Court · Mar 14, 1983

This language clearly implies that the words “personnel” and “medical” files are subject to the qualifying language of the modifying clause. Department of the Air Force v. Rose, 425 U.S. 352 (1976). … Thus, under New *442 England Box Co., supra, which concerned whether a public board had taken a certain action, those matters are clearly public records. But it is not required by G.