Case law

Commonwealth v. Coshnear

289 Mass. 516 · Massachusetts Supreme Judicial Court · Feb 25, 1935

The case against the defendants was established by the testimony of numerous witnesses, each covering but a comparatively small part of the entire field yet sufficient as a whole to support the verdict. … It pointed out clearly the distinction between expressions of opinion as to value and statements of fact as to value as shown by the fair selling price in the market.

Home Owners Federal Savings & Loan Ass'n v. Northwestern Fire & Marine Insurance

354 Mass. 448 · Massachusetts Supreme Judicial Court · Jun 7, 1968

Northwestern claims exceptions to certain rulings of the trial judge and to his action in denying certain requests and qualifying his allowance of others. Northwestern filed an outline bill of exceptions. … The court in the Giedrewicz case finally concluded on the facts before it that “if it is clearly established, in the trial of an action either against the employee or against -the principal for damages caused by the employee

Brunson v. Wall

405 Mass. 446 · Massachusetts Supreme Judicial Court · Jul 24, 1989

General Laws c. 151B, § 3 (6) and (7), clearly indicate that the Legislature gave the MCAD the authority to adjudicate discrimination claims. 8 See East Chop Tennis Club. v. … Thus, there was no error in the motion judge’s conclusion that the defendants established the necessary element of identity of issues. Almeida v. Travelers Ins. Co., supra at 229.

Berger v. Massachusetts Department of Education

2 Mass. Supp. 558 · Massachusetts Superior Court · Jun 8, 1981

Massachusetts law even more clearly encompasses physical education within the term “educational performance.” … Clearly, physical education is included as an integral part of a regular education program.

Lane v. MPG Newspapers

438 Mass. 476 · Massachusetts Supreme Judicial Court · Jan 16, 2003

Levine, 59 N.Y.2d 8, 17 (1983) (“Plaintiff [mayor and participant in election for office] clearly ... a ‘public of *482 ficial’ ”); Johnston v. … This requirement has been clearly established by the Supreme Court. See Ocala Star-Banner Co. v. Damron, 401 U.S. 295, 299 (1971); New York Times Co. v. Sullivan, supra at 259, 283 & n.23.

Russell Block Associates v. Board of Assessors of Worcester

88 Mass. App. Ct. 351 · Massachusetts Appeals Court · Sep 16, 2015

Turning to the merits, the primary question in dispute is whether the garage qualified in part for residential classification. See G. … They are archetypical decisions of legislatures that, when expressed clearly, should not -- really cannot -- be subject to judicial second guessing.

Commonwealth v. Shagoury

6 Mass. App. Ct. 584 · Massachusetts Appeals Court · Sep 12, 1978

The judge may within his discretion admit a nonex-pert’s testimony on the value of an item once he has found that the witness is qualified so to testify due to his familiarity, knowledge and experience with the item. … The judge’s conclusion that Saunders was so qualified was not clearly erroneous, and he properly admitted Saunders’s testimony, leaving its weight to be determined by the jury. See Rubin v.

Young v. Patukonis

24 Mass. App. Ct. 907 · Massachusetts Appeals Court · May 1, 1987

The Castenholz case held that subsection (7) penalties are appropriate even when the tenant remains in possession where a landlord fails to establish a separate account as required by subsection 3 (a) and refuses to return … The judge’s finding that Young’s violation was not wilful is not clearly erroneous, as Young could easily have had the property decontrolled much earlier.

In re the Trusts Under the Will of Crabtree

449 Mass. 128 · Massachusetts Supreme Judicial Court · May 14, 2007

He concluded that the trustees had charged fees and expenses to the trusts that were “clearly excessive,” and that the trustees had impermissibly established an endowment fund at the University of Massachusetts (university … Rice, supra, did not qualify him to testify as to the reasonableness of trustees’ fees.

Penate v. Scampini

District Court, D. Massachusetts · Apr 26, 2022

Finally, even if a jury reasonably could find that Detective Sullivan’s actions constituted excessive force, Detective Sullivan is entitled to qualified immunity. … Acts which involve “the carrying out of previously established policies or plans,” by contrast, do not warrant immunity. See Irwin v. Town of Ware, 467 N.E.2d 1292, 1299 (Mass. 1984) (quoting Whitney v.

Graham v. Sabol

734 F. Supp. 2d 194 · District Court, D. Massachusetts · Aug 12, 2010

P., establishes the applicable time frame requiring petitioner to identify and serve these individuals in a Bivens action. … The standard of review for summary judgment is well established.

Quincy City Hospital v. RATE SETTING COMMISSION

406 Mass. 431 · Massachusetts Supreme Judicial Court · Jan 16, 1990

Therefore, the declaratory judgment action of New England Memorial Hosp. challenging the $70 per AND rate regulation for lack of prior Federal approval under then applicable Federal Medicaid rules, clearly could not have … Chapter 372 was enacted as emergency legislation which would “immediately provide for the establishment of hospital rates.”

McLaughlin v. Harbor Cruises LLC

880 F. Supp. 2d 179 · District Court, D. Massachusetts · Jul 20, 2012

For example, there are a number of cases dealing with whether workers on a dredging barge would qualify for the exemption. … The record establishes that they are expected to be, and are, available to perform the duties of general deckhands when necessary.

Apsey v. Nash

229 Mass. 77 · Massachusetts Supreme Judicial Court · Jan 2, 1918

By these instruments it was clearly intended that the well known but intangible social line drawn between residents on Boylston Place and persons coming from the neighborhood of Eliot Street should be drawn with legal preciseness … So far as admission is concerned, there is no punctuation in the clause that is quoted, and the phrase ‘as reserved in an Indenture’ of 1853 apparently qualifies the whole of it.

Johnson v. City of Worcester

District Court, D. Massachusetts · Mar 9, 2020

Whether Defendants are entitled to To Qualified Immunity On The Remaining Claims ‘Qualified immunity is a judge-made doctrine designed to “balance two important interests—the need to hold public officials accountable … The qualified immunity inquiry has two parts.

Rourke v. Travelers Indemnity Co.

52 Mass. App. Dec. 187 · Massachusetts District Court, Appellate Division · Nov 19, 1973

The decedent as a relative and resident of his father’s home qualified as an insured under said coverage. The Liberty Policy issued on the Crouch car provided Coverage A, Divisions 1 and 2. Coverage A is compulsory. … This section by its terms clearly applies only to bodily injuries, sickness or disease arising out of the ownership, operation, maintenance or use of a motor vehicle within this Commonwealth.

Hohenleitner v. Quorum Health Resources, Inc.

435 Mass. 424 · Massachusetts Supreme Judicial Court · Nov 28, 2001

Quorum, in essence, was responsible for making sure that nurses and other persons making medical decisions were familiar with hospital policy and had the resources available, and were sufficiently trained and qualified, to … Moreover, cases involving the issue of a physician’s immunity from tort liability under G.

United States v. Caron

941 F. Supp. 238 · District Court, D. Massachusetts · Sep 12, 1996

The convergence of these two statutes establishes the following peculiar situation: a convicted felon as to whom the requisite amount of time since conviction has passed and who is otherwise qualified to serve as a juror … The Members of the City Council of Portland, 730 F.2d 41, 42 (1st Cir. 1984) (holding that established case law clearly grants no federal constitutional right to carry a concealed weapon); United States v.

Bronson v. Coffin

108 Mass. 175 · Massachusetts Supreme Judicial Court · Oct 15, 1871

by prescription, and if so established is a charge upon his land. … By the law of this Commonwealth, as by the law of England, in the absence of any qualifying statute, agreement or prescription, the owners of adjoining lands were not obliged to maintain fences between them; although any

Cousins v. Cowing

40 Mass. 208 · Massachusetts Supreme Judicial Court · Oct 15, 1839

There are very few if any men in the community, who could not establish as good a claim to be exempt from military duty as the petitioner. 2. The next exception is to the enrolment. … Because it is enough for this case, that they had not accepted, or been commissioned or been qualified.