Case law

Albert v. Runyon

6 F. Supp. 2d 57 · District Court, D. Massachusetts · May 5, 1998

Smith’s submissions do not provide a sufficient basis for assessing whether Albert’s condition qualified for FMLA leave. … This can perhaps be seen more clearly by examining what it would mean to accept the Service’s claim.

Mandell v. Town of Reading

12 Mass. L. Rptr. 1 · Massachusetts Superior Court · Aug 15, 2000

The 2000 RFQ clearly indicates that the Town intended to have Flansburgh perform the design services. … Even though plaintiffs have established a likelihood of success on the merits, an injunction will not issue because plaintiffs have failed to establish that the issuance of the injunction would serve the public interest.

Doane v. Russell

69 Mass. 382 · Massachusetts Supreme Judicial Court · Mar 15, 1855

And we think this distinction and these rules are well established by authorities. In the case of Pothonier v. Dawson, Holt N. … This is no judicial decision; but it is a statement of what the law was understood to be by a judge of great authority, and stated as a point so clearly settled and understood that it was used by way of illustration of a

Hochstadt v. Boston Scientific Corp.

708 F. Supp. 2d 95 · District Court, D. Massachusetts · Apr 27, 2010

The Plan qualifies as an “employee pension benefit plan” within the meaning of ERISA § 3(2)(A), 29 U.S.C. § 1002 (2)(A). … Legal Standard In order to certify a class, “[a] district court must conduct a rigorous analysis of the prerequisites established by Rule 23.” Smilow v. Sw.

Lewis v. Area II Homecare for Senior Citizens, Inc.

397 Mass. 761 · Massachusetts Supreme Judicial Court · Jun 16, 1986

Since the record clearly shows that the defendants introduced credible evidence to show that the articulated reasons were not pretexts, 7 the burden shifts to the plaintiff to demonstrate that the reasons were pretexts, Wheelock … He testified that, although missionary work was a required religious practice for those members of the church who qualified, the church does not require that missionary work be conducted overseas.

Branch v. Federal Deposit Insurance

825 F. Supp. 384 · District Court, D. Massachusetts · Jun 22, 1993

Accordingly, Branch establishes the necessary elements for a viable claim under sections 91 and 194 of the NBA. … Federal Tort Claims Act While it is axiomatic that the United States is immune from suit unless it consents *419 to be sued, United States v.

Barvenik v. Board of Aldermen of Newton

33 Mass. App. Ct. 129 · Massachusetts Appeals Court · Aug 3, 1992

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. … to rebut the presumption of standing here. 8 No case has clearly articulated the measure of the plaintiffs’ burden in proving the requisite aggrievement, after the pleading stage, in order to establish standing for § 17

Opinion of the Justices to the Senate

423 Mass. 1201 · Massachusetts Supreme Judicial Court · Jul 18, 1996

The court concluded that the measure qualifies as remedial because it serves the purposes of deterring drunk driving, assisting the Commonwealth in collecting evidence by inducing drivers to submit, and promoting safety by … General Laws c. 6, § 168, inserted by St. 1972, c. 805, § 1, established the criminal history systems board.

Educational Credit Management Corp. v. Bronsdon

421 B.R. 27 · District Court, D. Massachusetts · Nov 20, 2009

While the opportunity to participate in the ICRP would not necessarily foreclose a finding of undue hardship, the immediate effect of participation must be considered in determining whether the debtor has established the … Therefore, the findings that she will not pass in the future and "will not work as an attorney are not clearly erroneous.

Chestnut Hill Gulf, Inc. v. Cumberland Farms, Inc.

788 F. Supp. 616 · District Court, D. Massachusetts · Feb 10, 1992

Cumberland’s rental amounts were set in accord with its established rental formula applied uniformly to all its franchises. … “It is clearly established that a party need not assert a counterclaim that has not matured at the time he served his pleading....

Commerce Insurance v. Mass. Medical Professional Insurance

4 Mass. L. Rptr. 88 · Massachusetts Superior Court · Jul 26, 1995

A party seeking coverage under an insurance policy, however, has the burden of establishing they qualify for coverage. Markline Co. v. Travelers Ins. Co., 384 Mass. 139, 140 (1981). … Clearly, such language contemplates a doctor-patient relationship and a malpractice claim arising from that relationship.

Commonwealth v. Coy

157 Mass. 200 · Massachusetts Supreme Judicial Court · Oct 20, 1892

But an indictment is *215 merely the charge or accusation of the grand jury, and if the evidence before them points clearly to the commission of a murder by the prisoner in one or two or three modes, but leaves it doubtful … When the regularity of their action was attacked by the introduction of evidence bearing upon it, the burden was on the Commonwealth to establish it.

Commonwealth v. Swain

21 Mass. App. Ct. 949 · Massachusetts Appeals Court · Jan 6, 1986

We hold that the statute speaks quite clearly to the present facts, and is not so vague as to be constitutionally infirm. See Commonwealth v. Orlando, 371 Mass. 732, 734 (1977). … The jury could find that the Commonwealth established a violation by proof beyond a reasonable doubt.

Fernandes v. U.S. Bank, N.A. (In Re Fernandes)

446 B.R. 6 · United States Bankruptcy Court, D. Massachusetts · Jan 31, 2011

The Debtor does not by this count seek to establish either of these reasons for finding that the payments were unwarranted. … The Debtor’s reference to § 548(a)(2) in Count XI was clearly a mistake, as U.S.

Commonwealth v. Caraballo-Nieves

Massachusetts Appeals Court · Feb 13, 2026

Classification of a portion of a criminal proceeding as  9 Indeed, where it is well established, in the trial of a case involving a drug offense, that … To the extent that it did, the judge's order presented the prosecutor with the untenable choice of bringing fentanyl into the court house under circumstances that clearly violated the policy and posed significant health risks

Stuart v. City of Gloucester

District Court, D. Massachusetts · Jul 15, 2019

defense of qualified immunity. … Qualified immunity protects public officials, in their individual capacity, “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Langlois v. Abington Housing Authority

234 F. Supp. 2d 33 · District Court, D. Massachusetts · Nov 27, 2002

The waiting lists generated by the 1998 lotteries do not necessarily reflect all qualified applicants. … Based on the evidence of car and phone ownership, as well as the established disproportionately high numbers of qualified minority nonresidents, I have no doubt that the application procedures worked a disparate impact on

McCarthy v. Quirk Nissan, Inc.

2009 Mass. App. Div. 159 · Massachusetts District Court, Appellate Division · Sep 15, 2009

The trial judge, on the record, clearly and definitively denied having any bias in the case. … The fee applicant bears the burden of documenting in detail the hours expended and of establishing the market rate ...

Lawless v. Town of Freetown

District Court, D. Massachusetts · Mar 9, 2021

Qualified Immunity The Board members also suggest that they are entitled to qualified immunity. Defs’ Mem. 21-24 [#100]. … Courts evaluate claims for qualified immunity under a two-part test: “(1) whether the facts alleged or shown by the plaintiff make out a violation of a constitutional right; and (2) if so, whether the right was ‘clearly

Opinions of the Justices to the House of Representatives

357 Mass. 787 · Massachusetts Supreme Judicial Court · Feb 23, 1970

Richardson, supra, did not apply in the Commonwealth, as the facts in that case “were clearly not the condition confronting us”; and [10.] … Treasurer and Receiver General, 327 Mass. 310, 324 , in which case it was held that the voters are clearly entitled to be informed of the substantive changes, the proposed repeal of, and the substitute for existing constitutional