Case law

Vecinos De Barrio Uno v. City of Holyoke

960 F. Supp. 515 · District Court, D. Massachusetts · Apr 18, 1997

A schedule at the conclusion of the memo established the timeline for supplemental discovery and further evidentiary proceedings. … In other words, there were telltale signs aplenty, and this court should have made that point more clearly.

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.

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

In re the Discipline of an Attorney

442 Mass. 660 · Massachusetts Supreme Judicial Court · Oct 13, 2004

Indeed, the fire marshal’s ability to conduct fair and informed fire investigations clearly is in a gas utility company’s, and the public’s, interest. … We decline to construe this right so as to immunize every written or oral statement made by an attorney in connection with an issue being litigated in a civil suit because such a broad reading would preclude enforcement of

Winiker v. Bell

30 Mass. L. Rptr. 530 · Massachusetts Superior Court · Nov 5, 2012

The design of the garage is such that it has an odd angle, which appears clearly to have been done to accommodate the lot line between the Bell and Winiker properties. I infer that Mr. … Bell clearly asserted her ownership of the encroaching portion in 2008, thereby ending the running of the time for adverse possession of that area.

Krohn v. United States

578 F. Supp. 1441 · District Court, D. Massachusetts · Oct 4, 1983

Defendants claim that federal officials are entitled to absolute immunity from suit for all common law torts. Although this assertion is obviously over-broad, see Bishop v. … Tice, 622 F.2d 349 (8th Cir.1980), federal law enforcement officers are entitled to absolute immunity from suit for false imprisonment.

Burnham v. Mark IV Homes, Inc.

387 Mass. 575 · Massachusetts Supreme Judicial Court · Nov 5, 1982

trial, Mark IV took the position that the transactions and actions complained of by the plaintiffs occurred primarily and substantially in New Hampshire, where Kapper’s dealership was located, and that Mark IV therefore was immune … This was clearly not an instruction that the jury should find in an amount that would enable the plaintiffs to replace the roofs.

Rockwood v. Snow Inn Corp.

409 Mass. 361 · Massachusetts Supreme Judicial Court · Feb 20, 1991

The boundary line between *367 the sea and land subject to private ownership was established by the Colonial Ordinance of 1641-1647 and recognized by Storer as the ordinary low water mark. … susceptible of more than one interpretation, it appears that, by citing Storer with approval, the Sparhawk court intended to follow, not depart from, Storer , and thus to focus on a low water mark that could reasonably qualify

Attorney General v. Campbell

191 Mass. 497 · Massachusetts Supreme Judicial Court · May 16, 1906

Willard’s successor, and he duly qualified and entered upon the duties of the office. … By the St. 1859, c. 196, the Superior Court was established to take the place of the Court of Common Pleas throughout the Commonwealth.

Trustees of Phillips Academy v. King

12 Mass. 545 · Massachusetts Supreme Judicial Court · Nov 15, 1815

the policy of the law, with the capacity of acting, in several respects, as an individual, particularly of taking and granting property, of contracting obligations, and of suing and being sued, of enjoying privileges and immunities … For myself, I confess that I do not clearly perceive any other sense, than that in which the two articles mean substan£*564] tially * the same thing, notwithstanding some diversity of expression, in which they can be said

Braman v. Stiles

19 Mass. 460 · Massachusetts Supreme Judicial Court · Oct 15, 1824

my estate not before disposed of I do give &c.,” without doubt are sufficient, in a will, to pass a fee simple, although there are no words of limitation; so that Jonas Stiles, by force oí these words, if not afterwards qualified … That a naked power to the executor to sell has this effect, appears very clearly from Powell on Dev. 292, 302, 310 ; Co. Lit. 113 a, note 146, 342 b, note 298 ; Bergen v. Bennet, 1 Caines’s Cas. in Err. 14.

Mann v. Board of Assessors

387 Mass. 35 · Massachusetts Supreme Judicial Court · Aug 3, 1982

L. c. 61A, §§ 1 through 7), and provides that a board of assessors shall disallow an application for such classification if, in its judgment, the land does not qualify. G. L. c. 61A, § 9. … The Act clearly provides that the FVAC guidelines are some evidence of use value. G. L. c. 61 A, § 10.

Shelton v. Homer

46 Mass. 462 · Massachusetts Supreme Judicial Court · Mar 15, 1843

of opinion thát the term “ executors,” as here used, relates to those persons who actually become such by taking upon themselves the office, and would have been satisfied, if one only of the appointed executors had been qualified … It is true that conveyances by a trustee to his co-trustee have been sustained, under peculiar circumstances ; but the rule, as clearly established in the courts of chancery, both in England aud in New York, is, that where

Cornell v. Michaud

79 Mass. App. Ct. 607 · Massachusetts Appeals Court · May 31, 2011

Roland next complains that the judge committed clear error in finding that the Cornells presented credible evidence sufficient to establish their standing to seek judicial review. … In order to qualify as a “person aggrieved,” one must assert “a plausible claim of a definite violation of a private right, a private property interest, or a private legal interest.” Harvard Square Defense Fund, Inc. v.

Crown Electric Supply Co. v. State Office of Minority & Women Business Assistance Appeal Board

51 Mass. App. Ct. 753 · Massachusetts Appeals Court · Jun 4, 2001

. §§ 2.00 et seq. (1994), for purposes of qualifying for favorable treatment *754 in the award of contracts on capital facility projects under G. … L. c. 23A, unless a contrary intent is clearly indicated, “ ‘women business enterprise’, for the purpose [of] receipt of services from SOMWBA means a business enterprise that is both owned and controlled, by one or more women

Maiona v. Vassilowitch (In Re Vassilowitch)

72 B.R. 803 · United States Bankruptcy Court, D. Massachusetts · Apr 21, 1987

With respect to the purchase option contained in the September 3, 1985 Memorandum of Decision, the evidence presented at trial clearly established that Mrs. Vassilow-itch did not exercise the option by April 1, 1986. … Vas-silowitch failed to establish that she tendered her former husband $10,000 by that later date.

Vision Systems, Inc. v. EMC Corp.

19 Mass. L. Rptr. 139 · Massachusetts Superior Court · Feb 28, 2005

(“VSI”) is a Maiyland corporation qualified to do business in Massachusetts, once located in Hingham and now located in Norwell, Massachusetts. Vision Fire & Security Pty, Ltd. … The question of whether the undisputed facts establish, or fail to establish, a “substantial beginning of performance” is a question of law for the Court to decide. Chambers Steel at 860.

Anversa v. Partners Healthcare System, Inc.

116 F. Supp. 3d 22 · District Court, D. Massachusetts · Jul 28, 2015

The institution must complete its inquiry “within 60 calendar days of its initiation unless circumstances clearly warrant a longer period.” Id. § 93.307(g). … [b]ut where Congress has not clearly required exhaustion, sound judicial discretion governs”) (citations omitted). . Plaintiffs rely on Hettinga v.

Gentile v. John Hancock Mutual Life Insurance

951 F. Supp. 284 · District Court, D. Massachusetts · Jan 8, 1997

If the moving party demonstrates that there is “an absence of evidence to support the non-moving party’s case,” the burden shifts to the non-moving party to establish the existence of a genuine issue of material fact. … The first paragraph contains the phrase “as determined by the company” in its description of the kind of incapacity which qualifies as total disability.

Guardianship of Kelvin

94 Mass. App. Ct. 448 · Massachusetts Appeals Court · Nov 8, 2018

More specifically, if a judge "finds that a qualified person seeks appointment, venue is proper, the required notices have been given, the conditions of [§] 5- 204 (a) have been met, and the welfare and best interest of … Ct. 380, 383 (1995) ("ultimate determination of current parental unfitness does not clearly and convincingly follow from the cursory findings made, even when seen as not clearly erroneous and taken together as a whole