Case law

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.

Kotler v. American Tobacco Co.

685 F. Supp. 15 · District Court, D. Massachusetts · May 25, 1988

Generally, retroactive operation will not be given to a statute unless the act clearly, by express and unequivocal language or necessary implication, indicates that the legislature intended a retroactive application. … Applicability of statutes of limitations in tobacco liability actions usually involves questions of fact for a jury, and American Tobacco will bear the burden of establishing as a matter of law that the challenged claims

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

Doran v. Massachusetts Turnpike Authority

256 F. Supp. 2d 48 · District Court, D. Massachusetts · Jan 24, 2003

The second question is whether the regulation affirmatively or clearly discriminates against interstate commerce on its face or in its “practical effect.” Id. … Dec.23, 2002) (noting that policies charged as discriminatory under the Privileges and Immunities Clause are valid when there is a “substantial reason” for them and less restrictive means are unavailable).

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

Santagate v. Gardner

293 F. Supp. 1284 · District Court, D. Massachusetts · Sep 30, 1968

On June 30, 1965, plaintiff filed an application for establishment of a period of disability under § 216 (i) of the Act, 42 U.S.C. § 416 (i) (Supp. … Clearly there are many forms of disability which, though remediable, will last “for a continuous period of not less than twelve months”.

Tyler v. Hammond

28 Mass. 194 · Massachusetts Supreme Judicial Court · Apr 2, 1831

The law here, and in England, and in New York •and other states, is clearly settled, I apprehend, to the contrary. … I am therefore inclined to think, that this remark was intended to be qualified by the previous observations as to presumptions in doubtful descriptions.

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.

United States v. Massachusetts

781 F. Supp. 2d 1 · District Court, D. Massachusetts · May 4, 2011

because the intent of Congress was not to “command[ ] that the less qualified be preferred over the better qualified simply because of [gender]. … Brown, Qualified Immunity and Interlocutory Fact-Finding in the Courts of Appeals, 114 Penn. St.

In re Volkswagen & Audi Warranty Extension Litigation

273 F.R.D. 349 · District Court, D. Massachusetts · Mar 24, 2011

Accordingly, this court finds that Co-Lead Counsel are qualified and experienced and that they ably represented the Class. … wished to be excluded from the Settlement Class were given an opportunity to do so by mailing a written Request for Exclusion to the OSSA, in accordance with the Agreement and postmarked no later than February 3, 2011, clearly

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.

COMMONWEALTH v. MARKEESE MITCHELL (And Two Companion Cases)

Massachusetts Supreme Judicial Court · May 20, 2025

s alleged gang affiliation.[15] With respect to Shantel's prior law-related experiences, Shantel had testified under a grant of immunity in a homicide trial in 2009, but juror no. 15 was unaware of this testimony or the trial … Regardless of how a defendant meets this latter burden, establishing juror bias is crucial to prevailing on such a claim.

Lyons v. New Mass Media, Inc.

390 Mass. 51 · Massachusetts Supreme Judicial Court · Aug 30, 1983

Clearly the parties here do not agree on the essential facts and it would appear that a jury question is presented. … Under this standard, the defendants’ motion must necessarily fail if they do not “establish the absence of a genuine issue of material fact” or if the opposing party “establish[es] that there is a genuine, triable issue.”

Mercado v. Department of Social Services

District Court, D. Massachusetts · Nov 15, 2023

Additionally, the Court explained that the defendant social worker and attorney are immune from suit for damages in their official capacities; the defendant agency has immunity … Waco, 502 U.S. 9, 11 (1991) (per curiam ) (“[J]udicial immunity is an immunity from suit, not just from the ultimate assessment of damage.”).

Billing Systems, Inc. v. Nee (In Re Nee)

50 B.R. 268 · United States Bankruptcy Court, D. Massachusetts · Jun 21, 1985

The phrase “while acting in a fiduciary capacity” qualifies the words “fraud or defalcation” and not “embezzlement or larceny.” In re Graziano, 35 B.R. 589 (Bankr.D.N.Y.1983); L. … In the present case, the nondis-chargeability of Nee’s obligation to Billing Systems was clearly established as it arose out of his larceny or embezzlement of funds from the plaintiff.

Stratos v. Department of Public Welfare

387 Mass. 312 · Massachusetts Supreme Judicial Court · Aug 31, 1982

The department contends that Stratos is not entitled to an attorney’s fee under § 1988 because his challenge to the department’s regulation does not qualify as an action under § 1983. … As a general rule, time spent in establishing and defending a fee, or objecting to an unduly small award, should be included in the final calculation of the award.

In re the Proprietors of the New South Meeting-House

95 Mass. 497 · Massachusetts Supreme Judicial Court · Nov 15, 1866

This summary of the history of the origin, organization and continued existence of the society or parish of which the present corporation is the legitimate successor and representative, indicates very clearly the character … From what has been already said concerning the tenure on which property belonging to ancient parishes in Boston is held, and the qualified right which pew-holders or members of such corporations have in its enjoyment and

Holland v. BLH Electronics, Inc.

58 Mass. App. Ct. 678 · Massachusetts Appeals Court · Jul 31, 2003

sought to fill the plaintiff’s position by hiring someone else who was no more qualified than the plaintiff. … Foster had an unobstructed view of the plaintiffs workstation and could hear clearly what was said by Blair and the plaintiff.

In re Adoption of Jeanette

94 Mass. App. Ct. 1113 · Massachusetts Appeals Court · Dec 18, 2018

The judge's findings of fact "must be left undisturbed absent a showing that they are clearly erroneous." Adoption of Kimberly , 414 Mass. 526 , 529 (1993). Mother's unfitness and termination . … Jeanette's doctor noted that she was behind on immunizations and that she should begin early intervention services as soon as possible.

Lowell School Committee v. United Teachers

12 Mass. L. Rptr. 672 · Massachusetts Superior Court · Jan 2, 2001

Clearly, this Court has no power to “reconsider” a ruling of the Appeals Court, but rather is bound to follow it. … Clearly, under the Education Reform Act, if anyone is to do so, it is the principal.