Case law

Bellone v. Southwick-Tolland Regional School District

915 F. Supp. 2d 187 · District Court, D. Massachusetts · Jan 14, 2013

to August 16th”; that Plaintiff “has made significant progress in the[ ] areas [of stress reduction methods and problem solving strategies] over the past three months and speaks of getting back to teaching, a career he clearly … As to the inferential approach, the First Circuit has adopted a modified version of the framework established in McDonnell Douglas Corp. v.

Tax Collector of North Reading v. Reading

366 Mass. 438 · Massachusetts Supreme Judicial Court · Dec 3, 1974

Where the Legislature intended to provide for the payment of taxes or payments in lieu thereof it has clearly so provided. For example, G. … could also tax the personal property held within their territorial limits. 2 Since a municipality would obviously not tax property owned by it and held within its territorial limits, § 47 insures the municipality the same immunity

United States v. Pfizer, Inc.

9 F. Supp. 3d 34 · District Court, D. Massachusetts · Mar 26, 2014

Engaging in a scheme to defraud cannot immunize a fraudulent action from qui tam suits regarding related forms of fraud in perpetuity; what was once a hot trail of fraud must cool at some point. … Relators bear the burden of establishing jurisdiction. Id. .

Griswold v. Driscoll

625 F. Supp. 2d 49 · District Court, D. Massachusetts · Jun 10, 2009

Public officials may not establish educational policies tailored to the tenets of a religious group. … As also described earlier, decisions concerning curriculum are a form of government speech which is generally immune from First Amendment scrutiny by the courts.

Spencer

District Court, D. Massachusetts · Jan 30, 2026

immunity. … Qualified immunity is especially problematic to raise for the first time in a reply, as the posture prevents Spencer from responding, despite the burden for opposing qualified immunity falling on a plaintiff

Oxford Immunotec Ltd. v. Qiagen, Inc.

271 F. Supp. 3d 358 · District Court, D. Massachusetts · Sep 26, 2017

T cells, cells that’ mediate immune responses in the body, become “antigen-experienced” after they encounter a harmful peptide. … Once activated, the T cells release so-called cytokines, such as IFN-y, which act as chemical messengers in order to elicit a, full immune response.

Richards v. Treasurer & Receiver General

319 Mass. 672 · Massachusetts Supreme Judicial Court · Jun 3, 1946

Such a statute is subject to many well established limitations, Amory v. … For all practical purposes assessors became immune to action, and in most cases the amount that could be recovered from a city or town was not worth the effort and expense of litigation.

LaChance v. Northeast Publishing, Inc.

965 F. Supp. 177 · District Court, D. Massachusetts · Apr 21, 1997

Of course, the determination of whether an individual is qualified for a particular position must necessarily be made on a ease-by-case basis. … The Gardner-Denver Court clearly disagreed with the importance that the lower court assigned to the federal favoritism of arbitration. Id 10 .

Commonwealth v. Holt

4 Mass. L. Rptr. 539 · Massachusetts Superior Court · Oct 17, 1995

See G.L.c. 4, §7 (“In construing statutes the following words shall have the meaning herein given, unless a contrary intention clearly appears . . .” (emphasis added)). … The Commonwealth also argues that, because the “arrest journal” is available for counsels’ inspection, the police logs are thus metamorphosed into CORI material immune from discovery.

Plympton

1 Rep. Cont. El. 612 · Massachusetts House of Representatives · Jul 1, 1851

The undersigned will, however, endeavor to state, as clearly and concisely as may be, what appears to their minds to be its fair result. … It was clearly an irregularity, to put the motion to adjourn, and clearly right, not to put the motion to dissolve, whether the balloting had commenced or not; because the law distinctly requires the selectmen to seal up

Samboy v. United States

738 F. Supp. 2d 190 · District Court, D. Massachusetts · Aug 3, 2010

As noted, the government clearly presented enough evidence for the Court to have found, by a preponderance of the evidence, that the substance at issue was indeed crack cocaine and to have sentenced Samboy accordingly. … With respect to his first claim, Samboy argues that DEA Agent Roberto and Auburn Police Officer McGinnis were not qualified to testify as experts.

Commonwealth v. Labbe

6 Mass. App. Ct. 73 · Massachusetts Appeals Court · Feb 28, 1978

There, it was held that the evidence established nothing more than opportunity. … After the wife first asserted the privilege, the judge inquired to establish whether she would do so in all instances, and then he excused her as a witness.

Creamer v. Arbella Ins. Grp.

95 Mass. App. Ct. 56 · Massachusetts Appeals Court · Mar 13, 2019

The initial release of the oil was accidental; it thus qualifies as an "occurrence" under the policy. See Trustees of Tufts Univ . v. Commercial Union Ins. … Contrary to the plaintiffs' assertions, the c. 21E claim clearly incorporated these factual allegations.

Deshaies v. Varteresian

1985 Mass. App. Div. 28 · Massachusetts District Court, Appellate Division · Jan 22, 1985

“Conditions”, two of which were pertinent namely: (3) Subject to Buyer being able to obtain Construction Financing of an amount of no less than $450,000.00 from a qualified lending institution at prevailing interest rates … It is well established in this Commonwealth that in interpreting any written instrument, every word is to be given force so far as practicable and all parts of it are to be construed together as constituting a single and

Draghetti v. Chmielewski

416 Mass. 808 · Massachusetts Supreme Judicial Court · Jan 26, 1994

Chmielewski is not immune from liability-dimply because the statements were not direct quotations. … Last, Chmielewski asserts that he and the citizens who read the Union-News share a “common interest” in the communication which entitles him to a qualified privilege.

Zarrilli v. Snell

2 Mass. Supp. 405 · District Court, D. Massachusetts · Mar 9, 1981

S. 41 (1957), the complaint alleges that Zarrilli was a plaintiff in an action to establish the invalidity of a mortgage foreclosure on property owned jointly by Zarrilli and his former wife. … Zarrilli claims that a handwritten notation on the extension by either the court or a clerk on a letter he had filed with the court was not clearly written and, as a result, he was confused as to the date the brief had to

COMMONWEALTH v. DOMINIC SHINER.

101 Mass. App. Ct. 206 · Massachusetts Appeals Court · Jun 15, 2022

We therefore caution future litigants against seeking to rely on lay demonstrations in place of duly qualified expert testimony. … [Note Dissent-2] Daley obviously was not qualified as an expert, and neither the Commonwealth nor the majority contends otherwise.

Mullane v. Chambers

349 F. Supp. 2d 190 · District Court, D. Massachusetts · Dec 22, 2004

The court also ruled that the vessel was damaged while in the Sheriffs care, but that the Mullanes failed to prove the amount of damages and that the Sheriffs Department was immune from damages. Id. at 117-118 . … The court made clear that “[ajetual notice differs from constructive notice, in that the latter is a legal inference from established facts.” Id.

Cyran v. Town of Ware

413 Mass. 452 · Massachusetts Supreme Judicial Court · Aug 19, 1992

Important to the decision were several statutes that established a police officer's obligations in the circumstances. … "[T]he very purpose of the Tort Claims Act was to waive the Government's traditional all-encompassing immunity from tort actions and to establish novel and unprecedented governmental liability." Id. at 319 .

Pasche v. Graham

180 Mass. 157 · Massachusetts Supreme Judicial Court · Nov 27, 1901

It does not appear that the court in granting the review made any order as to costs, and the qualifying terms above cited are unimportant in this case. … Sts. c. 99, are new, but it is said by the commissioner's in their report: These sections are in accordance with the established practice; and are proposed mostly to prevent or remove doubts.”