Case law

Putnam v. Longley

28 Mass. 488 · Massachusetts Supreme Judicial Court · Oct 14, 1831

So, on the other side, the cases clearly show, that as a general rule, when a partnership has been proved, a demand upon one is a demand upon all, notice to one is notice to all, and an admission or acknowledgment or promise … The argument from inconvenience may have considerable weight upon a question of construction, where the language is doubt *499 ul; it is not to be presumed, upon doubtful language, that the legislature intended to establish

Opinion of the Justices to the Senate

286 Mass. 611 · Massachusetts Supreme Judicial Court · Jun 4, 1934

In harmony with that principle, it has long been established that certain police regulations and other matters peculiarly affecting local interests, not embraced within the ordinary power to make by-laws and ordinances, may … The quoted words of proviso or exception in that section are thus clearly restricted to petitions filed so that less than thirty days intervene before the next State election.

Sisk v. Saugus Bank & Trust Co. (In Re Saugus General Hospital, Inc.)

7 B.R. 347 · United States Bankruptcy Court, D. Massachusetts · Nov 6, 1980

This case is clearly distinguishable from the instant proceeding before this Court. … The Bank has argued that the deposit in question, even if for a special purpose, does not rise to an account immune from set-off.

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”.

Jenkins v. The Boston Housing Courts

District Court, D. Massachusetts · Nov 15, 2018

June 15, 2015) (“It is well established [. . .] that leave may be denied if it would reward undue delay or a lack of due diligence.”) (citing Steir v. … Here, the state enjoys immunity; plaintiff’s ADA claims are barred by the Eleventh Amendment.

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.

Commonwealth v. Charles

428 Mass. 672 · Massachusetts Supreme Judicial Court · Jan 15, 1999

The defendant further argues that Julien’s statements were not sufficiently against his penal interest so as to qualify under that exception to the hearsay rule. … The Commonwealth carries the burden on establishing the unavailability of a witness at the time of trial, Commonwealth v.

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.

Ritter v. Massachusetts Casualty Insurance

14 Mass. L. Rptr. 22 · Massachusetts Superior Court · Oct 30, 2001

Fort Halifax makes clear that a single, lump sum payment will not qualify as an ERISA plan. … Even assuming that Boston Physical Therapy did no more than write a few checks, Baig is clearly distinguishable on its facts.

Consolidated Rail Corp. v. Commonwealth Fruit & Produce

1983 Mass. App. Div. 210 · Massachusetts District Court, Appellate Division · Jul 18, 1983

The testimony of the plaintiffs witness established that to the extent that the waybills and monthly audit statements incorporated information from other documents, the predecessor documents themselves qualified as reliable … The plaintiffs claim was based on demurrage charges established by applicable tariffs, which were before the trial judge.

United States v. Cafiero

242 F. Supp. 2d 49 · District Court, D. Massachusetts · Jan 28, 2003

Significantly, the McKenzie decision closed by noting, “[w]e decline to immunize international travelers who choose to pass through this country, however, briefly.” 818 F.2d 115 at 119 . (emphasis added). … It maintains that the American authorities clearly had probable cause as to both state and federal crimes when Cafiero was taken to the police barracks, and thus the cocaine retrieved from his person is therefore admissible

Dill v. American Home Mortgage Servicing, Inc.

935 F. Supp. 2d 299 · District Court, D. Massachusetts · Mar 28, 2013

Plaintiffs have also failed to allege sufficient facts to establish that they are intended beneficiaries of the SPA. … Whether AHMSI’s December 30, 2010 letter misrepresented the criteria for modification hinges on the meaning of the terms "qualify” and "eligible” in this context.

Napier v. F/V DEESIE, INC.

360 F. Supp. 2d 195 · District Court, D. Massachusetts · Mar 3, 2005

The traditional instances are veneral [sic] disease and injuries received as a result of intoxication, though on occasion the latter has been qualified in recognition of a classic predisposition of sailors ashore. … Although this date is taken from the allegations of the complaint, it is clearly in error since the first date on Napier's subsequent medical records is April 20, 2001. 6 .

Petrone v. Long Term Disability Income Plan

935 F. Supp. 2d 278 · District Court, D. Massachusetts · Mar 27, 2013

Ultimately, none of these theories establishes a cognizable conflict of interest. • 1. … Saris qualified his observation by saying there was no “generalized overreaction.”

United States v. Arnett

342 F. Supp. 1255 · District Court, D. Massachusetts · Nov 10, 1970

If voter registration is generally open to qualified jurors, and persons are not excluded from voter registration lists by invidiously discriminatory laws, customs, or practices, “it has become well-established that voter … This is clearly a matter de minimis. Moreover, it is doubtful if paupers are a cognizable group entitled to be taken into account in a cross section of the community.

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.

Commonwealth v. Grant

73 Mass. App. Ct. 471 · Massachusetts Appeals Court · Jan 7, 2009

The judge found that “[t]he Commonwealth has not met its burden” of establishing that the defendant’s conduct “satisfies the dangerousness necessary for a commitment under G. L. [c.] 123A.” … The fact that the defendant committed only noncontact offenses does not immunize him from being classified as a sexually dangerous person. 13 One who, as a result of a mental abnormality or personality disorder, has repeatedly

Commonwealth v. Valerio

449 Mass. 562 · Massachusetts Supreme Judicial Court · Jul 20, 2007

Considering whether the defendant agent was entitled to *571 qualified immunity, the Court observed that “even a cursory reading of the warrant . . . would have revealed a glaring deficiency that any reasonable police officer … Although it is established that art. 14 does require police officers to have a copy of a search warrant with them at the time they conduct a search, see Commonwealth v.

United States v. Mailet

294 F. Supp. 761 · District Court, D. Massachusetts · Dec 31, 1968

Forte, Inc., acquired no title whatever in June 1958, for its contract with the Government specified clearly that title would not vest in the purchaser until loading had been completed and “full and final payment” had been … One decision by the Court of Claims suggests that Mailet does so qualify, al *766 though the initial purchaser from the Government in that case acted in good faith. Turney v.

Wynn v. Rudack

25 Mass. L. Rptr. 587 · Massachusetts Superior Court · Jul 24, 2009

Thus, the risk of physical harm itself — whether from a single or multiple incidents — may establish a nuisance. … Marder’s expertise, stating on the record that he had known her for 25 years and accepted that she was a “qualified expert.” March 10, 2008 Transcript (“3/10/08 Tr.”) at 140. Notwithstanding Dr.