Case law

Harvard Law School Coalition for Civil Rights v. President & Fellows of Harvard College

413 Mass. 66 · Massachusetts Supreme Judicial Court · Jul 9, 1992

“To qualify as a ‘person aggrieved,’ a person must allege substantial injury as the direct result of the action complained of.” Massachusetts Elec. Co. v. … Neither is there any allegation of a breach of contract nor facts alleged that would establish one.

In re Newcomb

513 B.R. 7 · United States Bankruptcy Court, D. Massachusetts · Jul 10, 2014

The Declaration properly identified them, spouses, as the owners to be benefited by the homestead, and indicated that they occupied the Property as their principal residence. 45 Moreover, they clearly executed the Declaration … There is nothing in the Declaration inconsistent with the established facts of ownership of the Property. . Mass. Gen. Laws ch. 188, § 5 (a)(1). . Id.

Gateway Group Advantage, Inc. v. McCarthy

300 F. Supp. 2d 236 · District Court, D. Massachusetts · Dec 4, 2003

The language of the insurance policy clearly focuses on the wrongful act or acts, and not on the number of duties breached or injuries sustained.” Id. at 1263. … Though clearly this course of conduct involved different types of acts, these acts were tied together because all were aimed at a single particular goal.

Commonwealth v. Weston W.

455 Mass. 24 · Massachusetts Supreme Judicial Court · Sep 25, 2009

Thompson, supra at 630 & n.8, may be grounded in *31 the privileges and immunities clause of the Fourteenth Amendment, see Saenz v. Roe, 526 U.S. 489 , 501-503 & n.15 (1999); the commerce clause, see Edwards v. … In Schleifer, the court concluded that intermediate scrutiny was the appropriate standard because minors possess only “qualified rights” that “are not coextensive with those of adults.” Id.

Kurtz v. Kripalu Center for Yoga & Health, Inc.

District Court, D. Massachusetts · Feb 5, 2019

Nonetheless, if Defendant is found liable for Plaintiff's injuries, it qualifies for charitable immunity. II. BACKGROUND1 A. … Ct. 2009) (a union, which existed "primarily for the benefit of its members," did not qualify for charitable immunity).

Opinion of Justices to the Senate & House of Representatives

303 Mass. 631 · Massachusetts Supreme Judicial Court · Jul 1, 1939

It may be that it could be found that married women as a class are not qualified — or are substantially less qualified than unmarried women as a class — for some employments in the public service. See Sheldon v. … The General Court may not only establish the qualifications of those whom the Commonwealth, counties, cities and towns may hire, but it may also fix their compensation, establish their hours of work, provide benefits as workmen

Commonwealth v. Clark

11 Mass. 239 · Massachusetts Supreme Judicial Court · Jun 15, 1814

The decision in the case cited establishes the position that the enlistment of a private into a volunteer corps, whether the company to which he had belonged had the requisite complement of men or not, is legal and valid; … On these grounds, we are clearly of opinion that the respondent, at the time of the alleged delinquency, belonged to the light infantry company, and was liable by law to do duty therein; and of consequence that he was not

In the Matter of Finnerty

418 Mass. 821 · Massachusetts Supreme Judicial Court · Nov 15, 1994

He established his own practice as a professional corporation in 1980 and has continued since then as the sole practitioner of the corporation. … Finnerty’s attorney, who was directing him, did not tell him to do so, and because he was not qualified to do so.”

Henry v. Connolly

743 F. Supp. 922 · District Court, D. Massachusetts · Jul 24, 1990

After a hearing, the Commission overruled the objection based on its determination that the petition had been properly signed by twelve qualified voters. … Although this last formulation of the argument is not so clearly flawed as plaintiffs’ effort to have this court read the SJC opinion as imposing a “reading requirement,” I conclude that it, too, must be rejected.

T.K v. Barnstable Public Schools

District Court, D. Massachusetts · Aug 6, 2018

Rhode Island, 402 F.3d 9 Plaintiffs’ arguments in opposition to Defendants’ motion focus on any qualified immunity defense Defendants might assert, see D. 18 at 12-17, but Defendants have not raised this defense, see … The Court thus declines to address qualified immunity here. 27, 34, 35-36 (1st Cir. 2005)).

George R. Whitten, Jr., Inc. v. Paddock Pool Builders, Inc.

376 F. Supp. 125 · District Court, D. Massachusetts · Apr 12, 1974

When one is successful and is specified the proprietary specifications make it difficult for the competition to qualify to bid. … Further, it was established that some of those jobs which were classified as “restrictive” for purposes of the damage theory were later subject to addenda approving the plaintiff as a qualified bidder.

LORRAINE BELLMAR, Personal Representative v. ROBERT MOORE & Another.

Massachusetts Appeals Court · Dec 29, 2023

As a result, we see no need to revisit Moran because its holding does not, as the plaintiff argues, improperly provide immunity from suit for negligent acts that occur within the period of repose. 3. … Turning to the facts of this case, the motion judge, following this court's holding in Moran, ordered entry of summary judgment because "[t]he allegations in the instant complaint clearly center on Dr.

President of Amherst Bank v. Root

43 Mass. 522 · Massachusetts Supreme Judicial Court · Sep 15, 1841

If it be the evidence upon which the fact is to be settled, as to the question whether the appointment of Root as cashier was for a limited period, and that expressed and defined in the appointment itself, it clearly establishes … It was said in that case, that the defendants were a public body established by law.

Zavatsky v. O'Brien

902 F. Supp. 2d 135 · District Court, D. Massachusetts · Sep 30, 2012

In contrast, on three separate occasions Coyne was the only candidate who was qualified for the job under the relevant statute. … Massachusetts Civil Rights Act To establish a claim under the Massachusetts Civil Rights Act, Mass. Gen.

O'Brien v. Lifestyle Transportation, Inc.

956 F. Supp. 2d 300 · District Court, D. Massachusetts · Jul 23, 2013

It has not been established in the instant case that O’Brien is not a covered employee. … Rydbom Express, Inc., 2009 WL 3152136 , at *9 (E.D.Pa., Sept. 30, 2009) (“Section 306(c) clearly states that the employee’s work need only ‘in whole or in part’ affect the safety of operation of vehicles weighing 10,000 pounds

Davis v. Diversified Consultants, Inc.

36 F. Supp. 3d 217 · District Court, D. Massachusetts · Jun 27, 2014

The undisputed evidence here clearly establishes that the LiveVox system has the capacity to store telephone numbers. … The agency concluded that a “predictive dialer” that relies on lists of numbers qualifies as an ATDS under the TCPA. That ruling is entitled to deference. See Leyse v.

Commonwealth v. Simon Property Group, Inc.

24 Mass. L. Rptr. 645 · Massachusetts Superior Court · Oct 27, 2008

To do so, the Court reads the first sentence as establishing four required elements; an item must meet all four to be within the definition. … The second sentence modifies one of those four elements, the element of “awriting identified as a gift certificate,” by setting out examples of the kinds of things that could qualify as a writing, along with a catch-all phrase

Greg B. Fowke v. Katherine L. Holland.

Massachusetts Appeals Court · Jul 16, 2025

We do not read the judge's decision as establishing full-time employment as a condition of obtaining equal parenting time. … "In a bench trial credibility is 'quintessentially the domain of the trial judge [so that her] assessment is close to immune from reversal on appeal except on the most compelling of showings.'" Prenaveau v.

Paine v. Welch

42 F. Supp. 348 · District Court, D. Massachusetts · Dec 12, 1941

The trusts involved in that case are clearly distinguishable from those under consideration. … In the Paine case, supra, as well as in other cases cited by the respondent, the trusts involved contain a specific contingency or primary trust purpose which qualified or limited the right of the beneficiaries to receive

Cosgrove v. Hughes

78 Mass. App. Ct. 739 · Massachusetts Appeals Court · Feb 15, 2011

In order to qualify as an “acknowledgment” within the meaning of the statute, “the recognition of parentage must be unambiguous.” Houghton v. Dickinson, 196 Mass. 389, 391 (1907). … The statute clearly states that paternity may be shown either by acknowledgment or by adjudication. G.