Case law

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.

Lavin v. Lavin

24 Mass. App. Ct. 929 · Massachusetts Appeals Court · Jun 5, 1987

The judge’s findings are not clearly erroneous. Mass.R.Dom.Rel.P. 52(a) (1975). Building Inspector of Lancaster v. Sanderson, 372 Mass. 157, 159-160 (1977). C.C. & T. Constr. Co. v. Coleman Bros. Corp., 8 Mass. App. … There was no testimony at trial from an actuary or other expert establishing any present value of benefits from the plan, and the plan itself was not introduced.

Shrewsbury Edgemere Associates Ltd. Partnership v. Board of Appeals

409 Mass. 317 · Massachusetts Supreme Judicial Court · Feb 5, 1991

and the zoning by-law of the town of Shrewsbury: (1) whether a use of property which existed prior to the enactment of the zoning by-law, and which would require a special permit under the by-law were it not preexisting, qualifies … The decision of the board, as well as depositions of two board members submitted by the developer, shows that all members of the board agreed that the use of the site as a drive-in theater was established prior to adoption

First Federal Savings & Loan Ass'n of Galion v. Napoleon

428 Mass. 371 · Massachusetts Supreme Judicial Court · Nov 10, 1998

“To establish insolvency, [the plaintiff] must do more than establish that debts exceeded assets. The statute requires proof that assets were exceeded not by existing debts but by ‘probable liability’ on existing debts. … An issue under a statute since repealed and thus unlikely to arise often or ever again in the future hardly qualifies under that standard.

Bulmer v. MidFirst Bank, FSA

59 F. Supp. 3d 271 · District Court, D. Massachusetts · Nov 14, 2014

See, e.g., In re Maxwell, 281 B.R. at 123 (citing more egregious eases and concluding that “just two” RES-PA violations does not establish a pattern or practice). … The QWR, the only letter sent to Defendant, neither clearly described an unfair or deceptive practice nor stated the injury suffered. .

Boston Gas Co. v. Department of Public Utilities

387 Mass. 531 · Massachusetts Supreme Judicial Court · Oct 28, 1982

The amount of the Company’s undercollections is not a vested property right immune from governmental action. … As a general rule, statutes operate prospectively unless a legislative intent that they shall be retrospective is clearly shown. Nantucket Conservation Found., Inc. v.

Luyen Huu Nguyen v. William Joiner Center for the Study of War & Social Consequences

450 Mass. 291 · Massachusetts Supreme Judicial Court · Dec 21, 2007

The four successful candidates were less qualified than the plaintiff. The plaintiff learned of the fellowship opportunities on April 11, 2000, a little over two months after the application deadline. … Many of the other cases relied on by the plaintiff involve circumstances that are clearly distinguishable from what is alleged here. See Winbush v.

Lacey v. BAC Home Loans Servicing, LP (In re Lacey)

480 B.R. 13 · United States Bankruptcy Court, D. Massachusetts · Jul 12, 2012

The correspondence clearly states that Plaintiff was obligated to respond to foreclosure notices. … the specific requests denoted in the aforementioned Qualified Written Requests.’ ” Id. at *5 .

Globe Newspaper Company v. Bork

370 F. Supp. 1135 · District Court, D. Massachusetts · Feb 12, 1974

Nor is it suggested that news gathering does not qualify for First Amendment protection-, without some protection for seeking out the news, freedom of the press could be eviscerated. … Thus it does not appear that the defendants will be able to meet the burden established in Nolan v.

Striar v. American Medical International, Inc.

45 Mass. App. Ct. 87 · Massachusetts Appeals Court · Jun 18, 1998

The record supports the master’s finding that this was not a contract for discrete services and payments and that the date of breach for any specific payment was not clearly established. See Starr v. … The date of termination of the program is not clearly established in the record. On remand, the judge will have to receive evidence and make findings on this issue.

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.

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

Century Cab Inc. v. Commissioner of Insurance

327 Mass. 652 · Massachusetts Supreme Judicial Court · Jul 31, 1951

In our opinion there was no failure to comply with the provision of the statute that the notice should include “a schedule clearly and precisely setting forth the premium charges proposed to be fixed and established for the … cannot be held that the new classification created by the rating plan was so lacking in reason as to be beyond the statutory power *663 of the commissioner, or that he was not warranted in finding that the experience of the qualified

United States Ex Rel. Nowak v. Medtronic, Inc.

806 F. Supp. 2d 310 · District Court, D. Massachusetts · Jul 27, 2011

At this point, Nowak alleges, Medtronic began to establish a pretext for terminating her. … Nowak’s original, individual action — the complaint that qualifies her as a relator in this action — clearly alleges that Medtronic’s rampant off-label promotion activities caused the government to pay claims for nonreimbursable

Winchester Capital Management Co. v. Manufacturers Hanover Trust Co.

144 F.R.D. 170 · District Court, D. Massachusetts · Oct 15, 1992

Rather, he entered a consulting agreement with Winchester on March 25, 1988 which clearly established his status as an independent contractor vis-a-vis Winchester. … I find that Winchester has carried its burden of establishing its entitlement to assert the privilege as to discussions at which Mr.

Opinion of Justices to the Senate

303 Mass. 615 · Massachusetts Supreme Judicial Court · Jul 1, 1939

of the members of any of said boards may be members of the General Court and,all of them shall be residents of the respective counties for which they are chosen, and that the Governor shall make appointments of persons qualified … But for the establishment of boards of special commissioners they would have the duty of dividing the counties into representative districts.

Pagano v. Allard

218 F. Supp. 2d 26 · District Court, D. Massachusetts · Sep 12, 2002

A state court decision is contrary to clearly established Supreme Court precedent “if that decision applies a rule that contradicts a rule clearly articulated by the Supreme Court or if the state court confronts a set of … Here, although the federal law regarding prosecutorial misconduct and the presumption of innocence has been clearly established, there is not a “rule clearly articulated by the Supreme Court” that is exactly on point, nor

Devol Pond Association v. Chris Capone

District Court, D. Massachusetts · Jul 8, 2024

Rhode Island Bd. of Bar Examiners, 910 F.3d 544, 553 (1st Cir. 2018) (recognizing it to be “well established that [Eleventh Amendment] immunity also applies to suits brought by a state’s own citizens” (citing Tennessee … Indeed, the Hadleys do not clearly articulate how any of these allegations could do so.

Flatte v. Carifio

1997 Mass. App. Div. 89 · Massachusetts District Court, Appellate Division · Jun 12, 1997

However, there is no suggestion that a magistrate or other person qualified to take an oath was present at the inspection. … Both parties have rights and liabilities established under common law principles of contract, tort, and property law.

Parente v. State Board of Retirement

80 Mass. App. Ct. 747 · Massachusetts Appeals Court · Nov 3, 2011

While there is no employment agreement in this case, we do have a statute that clearly states each member shall receive $7,200 annually for “expenses.” … In 1953, the special commission established to perform an investigation and study relative to travel and expense allowances for members of the General Court submitted a report recognizing that members of the General Court