Case law

Isaacson v. Boston Safe Deposit & Trust Co.

325 Mass. 469 · Massachusetts Supreme Judicial Court · Mar 8, 1950

The persons who succeeded to Smith’s interest in the trust upon his decease did so not through the laws of Maine but according to the terms of the trust as previously established under Massachusetts law. … The case is clearly distinguishable.

Yanovitch v. United States

985 F. Supp. 17 · District Court, D. Massachusetts · Dec 29, 1997

The facts below were established at trial: Following an altercation occurring outside a bar in South Boston, Yanovitch fired several pistol shots at Robert Viens, wounding him twice. … Yanovitch’s case is therefore easily distinguishable from Indelicato , as Yanovitch’s predicate offense was 1) clearly a Massachusetts felony that, 2) caused him to lose his core civil right to serve on a jury at the time

Watros v. Greater Lynn Mental Health & Retardation Ass'n

37 Mass. App. Ct. 657 · Massachusetts Appeals Court · Nov 22, 1994

GLMHRA’s motion clearly stated its reliance on the entire record, as well as the pleadings, as the basis for its arguments against the Watroses’ standing. … “To qualify for that limited class, a plaintiff must establish — by direct facts and not by speculative personal opinion — that his injury is special and different from the concerns of the rest of the community.

Commonwealth v. Caldwell

25 Mass. App. Ct. 91 · Massachusetts Appeals Court · Nov 19, 1987

L. c. 60B, § 2(0, the city must credit one-half of the amount collected to the municipal waterways *94 improvement and maintenance fund, established by G. L. c. 40, § 5(72). … Given the essence of the harbormaster’s function, the flow of benefits to the group of boaters required to pay is “sufficiently particularized” to qualify it as a fee.

In Re Air Crash Disaster at Boston, Massachusetts on July 31, 1973

399 F. Supp. 1106 · District Court, D. Massachusetts · Aug 21, 1975

This is clearly the view of the Second Circuit. … To the extent that Hausman may be read, as it is by Delta, to indicate that where there is a clearly enunciated state rule, automatic adherence to it by federal courts is required, Hausman is contrary to the established position

Morgovsky v. Department of Homeland Security

517 F. Supp. 2d 581 · District Court, D. Massachusetts · Oct 18, 2007

Here, in the absence of a clearly established duty to act on a naturalization petition within a prescribed period of time, the court agrees with those of its sister courts that have held that the MVA attaches only in the … The court understands the crush of applications which CIS must process and the efforts it must exert to insure that only those who are truly qualified are naturalized as citizens. Still there are outer limits.

Commonwealth v. Boston Edison Co.

444 Mass. 324 · Massachusetts Supreme Judicial Court · May 25, 2005

Among the five potential means of establishing liability under G. … In light of our conclusion, we do not address the reported issue of the Commonwealth’s immunity from liability.

Lynch v. Police Commissioner

43 Mass. App. Ct. 107 · Massachusetts Appeals Court · Jul 7, 1997

tjhere is no guarantee whatsoever, that if the number [of medallions] is increased ... a particular applicant would receive a medallion”; and, as Lynch recognizes, “the Commissioner has discretion ... to determine who is a qualified … There the court unambiguously “conclude[d] that the language of the statute [St. 1934, c. 280] clearly establishes that . . . the department is to determine the appropriate number of medallions to be issued according to the

Manarolakis v. Coomey

416 F. Supp. 532 · District Court, D. Massachusetts · Jun 28, 1976

Plaintiff Georgios Manarolakis contends that his marriage to co-plaintiff Katherine Dean Manarolakis qualifies him for adjustment to the status of alien relative. The Government contends, first, that since Mr. … It is clearly within the authority of the I.N.S. to make inquiry into the marriage to the extent necessary to determine whether it was entered into for the purpose of evading the immigration laws. Bark v.

Amherst Associates v. Amherst Housing Review Board

1989 Mass. App. Div. 51 · Massachusetts District Court, Appellate Division · Mar 17, 1989

In reviewing the legislative background of the regulatory scheme, in Zoning Board the Court found pursuasive the fact that “(t)he Legislature established MHFA (Mass. … Such a reading would be clearly at variance with the animating impulse of the legislation and would place the Legislature and Town Officials in the quixotic position of having enacted a fatally flawed act in terms of the

Sheppard v. Zoning Board of Appeal of Boston

81 Mass. App. Ct. 394 · Massachusetts Appeals Court · Mar 7, 2012

Although there was a three-day bench trial, many of the key underlying facts were established by stipulation. … have a de minimis impact on the [plaintiffs’] view of the ocean,” and the judge had the benefit of taking a view, “we cannot conclude that [his] ultimate finding that the [plaintiffs] were not aggrieved persons . . . was clearly

Kenney v. Rust

17 Mass. App. Ct. 699 · Massachusetts Appeals Court · Apr 5, 1984

Whether they are so qualified is a preliminary question for the decision of the trial judge.” Willey v. Cafrella, 336 Mass. 623 (1958). See also Menici v. Orton Crane & Shovel Co., 285 Mass. 499, 503-505 (1934). … 1974). 8 The relevant portion of Mass.R.Civ.P. 55(b)(2) states: “If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish

Martinez v. Commissioner of Public Welfare

397 Mass. 386 · Massachusetts Supreme Judicial Court · Apr 22, 1986

To qualify for AFDC, an applicant must meet the categorical and financial eligibility requirements established by the department. See Civetti v. Commissioner of Pub. Welfare, 392 Mass. 474 , 476 n.4 (1984). … The amount of aid to be received is a matter which the statute clearly leaves to the department.

Timpson v. Transamerica Insurance

41 Mass. App. Ct. 344 · Massachusetts Appeals Court · Sep 19, 1996

In reviewing a grant for summary judgment, we determine “whether, viewing the evidence in the light most favorable to the nonmoving party, all material facts have been established and the moving party is entitled to a judgment … insured need not specifically intend or anticipate the full extent of the injury which ultimately results; rather the exclusion can apply where the insured should have known that some harm was likely to occur as a result of a clearly

Wynne v. Creigle

63 Mass. App. Ct. 246 · Massachusetts Appeals Court · Apr 14, 2005

Given these facts, it is manifest that the plaintiff could not establish the first of the conjunctive requirements — that the defendant’s petitioning was devoid of any reasonable factual or legal basis. Other issues. … Were we to consider the question, however, we are confident that the written statement would qualify under the principles recently discussed in Kobrin .

Harrison v. Loyal Protective Life Insurance

379 Mass. 212 · Massachusetts Supreme Judicial Court · Nov 8, 1979

This phrase clearly leaves room to accommodate other torts which the court might deem to involve damage to the person. … The statute refers to “damage to the person” without qualifying either the word “damage” or the word “person” with an adjective such as “physical.”

GSI Lumonics, Inc. v. Biodiscovery, Inc.

112 F. Supp. 2d 99 · District Court, D. Massachusetts · Aug 25, 2000

An agency relationship is evident, and Shams is not immune from jurisdictional reach merely by virtue of his use of agents. 2. … Under this approach, a mailed notice of infringement in the context described clearly would satisfy the statutory prerequisite. Id. at 195-96.

Knight v. Wilder

56 Mass. 199 · Massachusetts Supreme Judicial Court · Oct 15, 1848

The question is clearly stated by the arbitrators. … But in the same sentence, the word is qualified by the expression “ at right angles with the river.” And such, we have no doubt, was the judgment of the court in that case.

Commonwealth v. Conaghan

433 Mass. 105 · Massachusetts Supreme Judicial Court · Dec 22, 2000

Conaghan’s motion raises a serious question as to her mental competency to assist her attorney in establishing a defense and to plead guilty voluntarily. … The words of the statute clearly include mental competency.

Massachusetts Highway Department v. Perini Corp.

444 Mass. 366 · Massachusetts Supreme Judicial Court · May 26, 2005

Before it was modified, as described below, division I, subsection 7.16, of the contract established a process for the resolution of disputes between the parties, which was to culminate in nonbinding arbitration before a … [ujnless the parties clearly and unmistakably provide otherwise.’ ” Chicopee, supra at 421 , quoting AT&T, supra at 649.