Case law

Vecchia v. Sullivan

13 Mass. L. Rptr. 331 · Massachusetts Superior Court · May 31, 2001

COUNCILLOR — PRECINCT 2 BY SPECIAL ELECTION AND/OR ANNUAL ELECTION The plaintiff argues that the inclusion of the words “. . . and/or annual election” are misleading to the voters since Section 10-4-2 of the Town Charter clearly … On each of its claims, the plaintiff has failed to establish a likelihood of success on the merits, precluding injunctive relief.

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....

Adoption of Sean

36 Mass. App. Ct. 261 · Massachusetts Appeals Court · Mar 21, 1994

The father also claims the judge lacked clear and convincing evidence to establish his unfitness. We affirm the judgment. We summarize the pertinent procedural history of this case. … The judge’s findings will not be disturbed unless clearly erroneous. Id. at 710-711 .

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.

Lipchitz v. Raytheon Co.

434 Mass. 493 · Massachusetts Supreme Judicial Court · Jul 9, 2001

The error was compounded by the additional instruction that if Lipchitz established that the reasons given by Raytheon were not its “real reason,” she had established Raytheon’s liability and the jury were to move on to the … Boston Elevated Ry., 200 Mass. 537, 544 (1909), the charge failed to “clearly, adequately, and correctly explainf] to the jury the principles that ought to guide and control their action.” Torre v.

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

Amato v. District Attorney for Cape & Islands District

80 Mass. App. Ct. 230 · Massachusetts Appeals Court · Aug 25, 2011

Clearly, the district attorney’s innovative approach worked. The perpetrator, McCowen, voluntarily provided biological evidence that matched that from the crime scene. … Ct. 209, 211 (1996), and cases cited. relevant background of the statute that established the State DNA database, G. L. c. 22E, §§ 1-15, appears in Landry v.

Augat, Inc. v. Tabor

719 F. Supp. 1158 · District Court, D. Massachusetts · Apr 12, 1989

The INS has represented that third preference visas are currently available to qualified aliens who filed their applications prior to March 15, 1988. … As Walker’s petition was filed before that date, should the plaintiff succeed in establishing that Walker is entitled to the preference, he would be entitled to a visa immediately.

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 ...

Commonwealth v. Corbett

26 Mass. App. Ct. 773 · Massachusetts Appeals Court · Jan 19, 1989

whether a particular child of tender years has the requisite understanding to qualify as a witness. … Law 287 (1986-1987); Defendants’ Rights in Child Witness Competency Hearings: Establishing Constitutional Procedures for Sexual Abuse Cases, 69 Minn. L.

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

Professional Fire Fighters v. Commonwealth

72 Mass. App. Ct. 66 · Massachusetts Appeals Court · Jun 16, 2008

The primary ambulance service may make “agreements with other qualified ambulance services, in order to meet the standards for primary ambulance response established by the service zone.” G. L. c. 111C, § 10(c). … L. c. 111C, § 3(b)(23); establishment of criteria for the award and administration of service contracts, G.

Hamilton v. School Committee of the City of Boston

725 F. Supp. 641 · District Court, D. Massachusetts · Nov 17, 1989

She alleged that she was the better qualified candidate but was denied the appointment because she was a woman. The settlement agreement was executed in August 1987. … United States, 885 F.2d 627, 632-33 (9th Cir.1989) (defendant Indian tribe’s sovereign immunity made issue irrelevant); Fox v.

Perkins v. Massachusetts Department of Revenue

507 B.R. 45 · District Court, D. Massachusetts · Mar 7, 2014

Among those changes, the Act included an unnumbered paragraph following section 523(a)(19), which attempted to establish a definition of return. … Far from achieving its clarifying purpose, the paragraph stirred more controversy about whether a document qualifies as a return.

Mailloux v. Kiley

323 F. Supp. 1387 · District Court, D. Massachusetts · Mar 22, 1971

In the opinion of other qualified persons plaintiff’s use of the word was not under the circumstances reasonable, or appropriate, or conducive to a serious educational purpose. … Clearly, the teacher’s right must yield to compelling public interests of greater constitutional significance.

Attorney General v. Book Named "Tropic of Cancer."

345 Mass. 11 · Massachusetts Supreme Judicial Court · Jul 17, 1962

Y.] 150, 158-159) were sustained in enjoining distribution of fourteen booklets, “Nights of Horror,” clearly hard core pornography. … Draft No. 6, pp. 13-17) is clearly obscene.