Case law

Commonwealth v. Sullo

26 Mass. App. Ct. 766 · Massachusetts Appeals Court · Jan 18, 1989

Matchett, 386 Mass. 492, 510 (1982). 6 The Commonwealth has not carried its burden of establishing that this was a lawful inventory search. … Ct. 581, 582 (1985). 2 Conley had very little experience with gambling offenses and did not qualify as an expert on gambling techniques or paraphernalia.

Petralia v. 145 Marston St., Inc. (In re Petralia)

559 B.R. 275 · United States Bankruptcy Court, D. Massachusetts · Sep 30, 2016

He asserts that pursuant to § 06(a), any sovereign immu-nity defense is abrogated with respect to § 362, as qualified immunity is only available to officials performing discretionary, not ministerial acts, and enforcing a … Neither agency principles nor claims of sovereign immunity will shield Coady’s from this liability.

Deane v. Caldwell

127 Mass. 242 · Massachusetts Supreme Judicial Court · Jul 3, 1879

The rule established by these decisions is clearly recognized (at least as to debts which become absolute within the period of the special statute of limitations) in the Gen. Sts. c. 99, §§ 5, 6. And see Cummings v. … But the surrender of the lease by the administrator, and its acceptance by the lessors, having been absolute, and not qualified by any reservation of or agreement for a right to sue the administrator or prove against the

Massachusetts Nurses Ass'n v. Board of Registration in Nursing

18 Mass. App. Ct. 380 · Massachusetts Appeals Court · Jul 18, 1984

. § 5.04 (1981) the board established “Criteria for Qualification of Continuing Education Programs/Offerings,” and at § 5.05 (1981) it established “Responsibility of Individual Licensee.” 7 MNA filed a complaint *383 in the … L. c. 112, § 74, see note 2, supra, are clearly met by §§ 5.04 and 5.05, which establish criteria for the approval of programs and a mechanism for verification of compliance by nurses with their continuing education obligations

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.

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.

United States v. Salemme

164 F. Supp. 2d 49 · District Court, D. Massachusetts · Feb 13, 1998

O’Sullivan’s records occurred. 4 The Organized Crime Drug Enforcement Task Force (“OCDETF”) was established during my tenure in the United States Attorney’s Office. … Rather, he was suggesting that a judge might reject the application because the information it contained was not presented clearly. In any event, the application as approved by Mr.

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.

Continental Corp. v. Gowdy

283 Mass. 204 · Massachusetts Supreme Judicial Court · May 31, 1933

Clearly the words “without recourse” are not used in the technical sense in which they are used in a qualified indorsement of a negotiable instrument. … Y. 343 , unlike the case at bar, deal with immunity from future fraudulent acts and are distinguishable in accordance with established principles. See Granlund v. Saraf, 263 Mass. 76, 79 .

First Justice of the Bristol Division of the Juvenile Court Department v. Clerk-magistrate of the Bristol Division of the Juvenile Court Department

438 Mass. 387 · Massachusetts Supreme Judicial Court · Jan 7, 2003

The position taken by the defendants is that the statutes do not render clerks immune from well-established judicial authority over court house personnel. … If either disagrees with the clerk that a candidate is properly qualified for the responsibilities of the position, the disagreement is submitted to the CJAM for her resolution pursuant to § 10B (d).

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.

DiStefano v. Stern (In Re J.F.D. Enterprises, Inc.)

223 B.R. 610 · United States Bankruptcy Court, D. Massachusetts · Aug 6, 1998

They argue that' (1) the DiStefanos lack standing; (2) the statute of limitations has run; 14 (3) the Defendants are entitled to qualified immunity; and (4) the DiStefanos have not shown that any of the Defendants’ alleged … The Defendants’ Standard of Care Even were the Court to rale that the DiStefanos had standing to prosecute this action, the Defendants argue that they have qualified immunity from tort liability stemming from their actions

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.

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. Walker

392 Mass. 152 · Massachusetts Supreme Judicial Court · Jun 7, 1984

. *154 Following a hearing which was held after the defendant renewed his motion in limine and for a voir dire hearing, the judge found that the polygraph examiner was qualified and that the examination was conducted in a … Although it is the law that “[e]vidence which impeaches the credibility of a key prosecution witness is exculpatory for the defendant and is clearly material,” Commonwealth v.

Miller v. Milton Hospital & Medical Center, Inc.

54 Mass. App. Ct. 495 · Massachusetts Appeals Court · Apr 12, 2002

In the medical peer review context, the court must first determine whether the records for which the privilege is claimed are on their face such as clearly fall within the privilege. See Carr v. … First, to the extent the December 12 letter qualifies as a peer review record, the defendants have not (contrary to the plaintiffs’ contention) “waived” the right to invoke the privilege by “disclosing” it to Dr.

Micro Control Systems, Inc. v. Cadkey Corp. (In Re Cadkey Corp.)

324 B.R. 424 · United States Bankruptcy Court, D. Massachusetts · Mar 31, 2005

. § 508 because its alleged “significant contribution” to the resolution of the case was self-serving in nature and therefore did not qualify under the statute. II. Legal Analysis A. … In other words, MCS chose to forego the option of establishing the largest claim possible and subtracting a fixed amount in favor of fixing the amount of its claim.

Connolly v. County of Suffolk

533 F. Supp. 2d 236 · District Court, D. Massachusetts · Feb 1, 2008

The nonmoving party “must adduce specific, provable facts which establish that there is a triable issue.” Id. … established at the time of the incident).

Boesel v. Swaptree, Inc.

31 Mass. L. Rptr. 555 · Massachusetts Superior Court · Dec 23, 2013

Once the moving party establishes the absence of a triable issue, the party opposing the motion must respond with evidence of specific facts establishing the existence of a genuine dispute. Pederson , 404 Mass, at 17. … Curtis, as CFO, qualifies as an “officer” of Swaptree.

Reckis v. Johnson & Johnson

471 Mass. 272 · Massachusetts Supreme Judicial Court · Apr 17, 2015

that the witness was qualified to testify" (emphasis in original). … In any event, we have found Tackett qualified to testify as to specific medical causation.