Case law

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.

Bolton

District Court, D. Massachusetts · May 15, 2026

The amended complaint does not clearly state how long JF was in the custody of DCF. At some point, DCF made a formal finding of neglect by Bolton. … “It is well-established that ‘only those individuals who participated in the conduct that deprived the plaintiff of his rights can be held liable.’” Velez-Rivera v.

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.

Essex Regional Retirement Board v. Swallow State Board of Retirement v. O'Hare

481 Mass. 241 · Massachusetts Supreme Judicial Court · Jan 18, 2019

Because the clerk- magistrate's perjury and obstruction of justice convictions clearly violated the code, a law applicable to his position, they resulted in forfeiture of his pension. Id. at 179. … Regardless of the high standards placed on police officers, "not every off-duty illegal act qualifies as a violation of the laws applicable to his office or position" (quotation and citation omitted).

Adoption of Natasha

53 Mass. App. Ct. 441 · Massachusetts Appeals Court · Dec 21, 2001

of its own procedures as well as protocols established by the case law. 1. … The children were reported to have missed numerous pediatric appointments from March, 1992, to February, 1994, including appointments for immunizations.

Rankins v. Murphy

198 F. Supp. 2d 3 · District Court, D. Massachusetts · Mar 28, 2002

. § 2254 (d), which réquire petitioner to show that the SJC’s adjudication, (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established federal law, as determined by the … Title III “is required only for a ‘failure to satisfy any of those statutory requirements that directly and substantially implement the congressional intention to limit the use of intercept procedures to those situations clearly

Commonwealth v. Capone

39 Mass. App. Ct. 606 · Massachusetts Appeals Court · Jan 18, 1996

The grand jury heard sufficient evidence to establish the identity of the defendant and probable cause to arrest him for rape. … The defendant also contends that the victim’s friend’s inability to remember clearly the events of the evening makes her statement inadmissible.

Empire Today, LLC v. National Floors Direct, Inc.

788 F. Supp. 2d 7 · District Court, D. Massachusetts · Jun 2, 2011

And even the customer orders showing Dan Rosenberg’s alleged miscalculations of 15% (and other percentages) 164 were not definitively established as qualifying for the 15% Promotion. 165 Second, and separately, the different … likely suggested an internal disagreement at NFD over a mathematical calculation. 167 It was a disagreement that was only used in a small percentage of instances, 168 none of which were clearly established as qualifying for

Rogers v. Town of Norfolk

432 Mass. 374 · Massachusetts Supreme Judicial Court · Aug 29, 2000

In the residence, only about 1,700 square feet can qualify as usable child care space under the office of child care services licensing guidelines, which is enough to serve approximately forty-five children at a time. 8 * … In view of the fact that ninety-five per cent of the land in Norfolk is residentially zoned, the provision clearly is a reasonable accommodation between the need to establish child care facilities and the need to preserve

Safford v. City of Lowell

255 Mass. 220 · Massachusetts Supreme Judicial Court · Mar 2, 1926

Without attempting an exact or all inclusive definition, it is manifest that that language does not apply to a condition which may clearly be foreseen in abundant time to take remedial action before serious damage to the … The Legislature has established a policy which it is the duty of municipal officials to observe. Morse v. Boston, 253 Mass. 247 . The plaintiffs are entitled to a decree. The details may be settled by a single justice.

Curtin-Wilding v. Trustees of Boston University

District Court, D. Massachusetts · Aug 27, 2025

Nor are there any allegations that BU paid Curtin-Wilding less than what she was owed or later than the established monthly pay structure. … Here, the SJC has “clearly articulated the method by which Massachusetts statutes are to be interpreted.” Nicholls, 144 F.4th at 358, citing MacLaurin v. City of Holyoke, 475 Mass. 231 (2016).

Groden v. Kelley

382 Mass. 333 · Massachusetts Supreme Judicial Court · Jan 21, 1981

The appellant argues that the emphasis in Stebbins on the quoted language suggests that in the absence of such qualifying language no deduction of outlawed indebtedness is required. We disagree. … Stebbins does not establish a rule of general applicability. The court in Stebbins was persuaded by clear and unambiguous language indicating a particular testator’s intent.

Morales v. Russo

401 F. Supp. 2d 170 · District Court, D. Massachusetts · Nov 23, 2005

By failing to rebut the SJC’s finding that no witness intimidation occurred, Petitioner cannot establish that the SJC unreasonably applied clearly established federal law in this regard. … In the absence of supporting caselaw, Petitioner-fails to show that the SJC unreasonably applied clearly established federal Jaw in this regard.

Fed. Home Loan Mortg. Corp. v. Bartleman

94 Mass. App. Ct. 800 · Massachusetts Appeals Court · Feb 20, 2019

L. c. 244, § 14, it is not conclusive proof, immune from attack. Thus, the defendants are entitled to an opportunity to challenge the affidavit's substance on whatever legitimate bases they might have. … Freddie Mac could have (but did not) respond, or even move to reopen the evidence, to establish its compliance with paragraph 22.

Hanna v. Department of Children and Family Services

District Court, D. Massachusetts · Nov 19, 2024

It is well- established that the MTCA’s waiver of sovereign immunity extends only to claims brought in state court. … To state a claim under 15 these provisions,9 Plaintiff “must establish: (1) that [the triplets are] qualified individual[s] with [] disabilit[ies]

United States v. Sklar

721 F. Supp. 7 · District Court, D. Massachusetts · Sep 21, 1989

, nor was the sufficiency of the canine training established.... … As “a qualified official possessing ordinary and reasonable intelligence,” Meyer, 536 F.2d at 966 , it does not strain this Court’s credulity that Magistrate Pon-sor concluded that Harko was a qualified informant.

Cargill v. Harvard University

60 Mass. App. Ct. 585 · Massachusetts Appeals Court · Mar 8, 2004

L. c. 151B, § 4(16), which prohibits discrimination against qualified handicapped persons. 1 To establish a violation of G. … Notwithstanding that Cargill’s disability was clearly an issue at this point, Wamement rejected this suggestion and, then, handwrote the words “shelving/paging in timely way” in the margin of Cargill’s performance plan.

Roch v. Mollica

481 Mass. 164 · Massachusetts Supreme Judicial Court · Jan 4, 2019

According to the United States Supreme Court, the rule of transient jurisdiction is well established across the country. … If, however, the new argument depends on facts not established in the record, we cannot accept the new argument on appeal"). Cf. Gianocostas v.

Commonwealth v. Figueroa

464 Mass. 365 · Massachusetts Supreme Judicial Court · Feb 8, 2013

Yudrey Millares testified pursuant to a grant of immunity. The judge ordered the sentence to be served concurrently with the sentence the defendant was serving for his probation violation. … Curtis, 237 F.3d 598, 605 (6th Cir. 2001) (“false statements to a parole officer clearly fall within the scope of 18 U.S.C. § 1001”); United States v.