Case law

In Re DeNadai

259 B.R. 801 · United States Bankruptcy Court, D. Massachusetts · Mar 23, 2001

The trust argument concerning what is clearly, and acknowledged by the Debtor, an employee employer relationship, is a stretch. … Shumate, 504 U.S. 753 , 112 S.Ct. 2242 , 119 L.Ed.2d 519 (1992), with regard to ERISA qualified plans. 4.

In Re Plantation Realty Trust

232 B.R. 279 · United States Bankruptcy Court, D. Massachusetts · Mar 30, 1999

The implication was clearly to the contrary. 5 In addition, the Agreement called for an independent escrow agent to hold the initiation fees. … And there, as here, the agent failed to clearly indicate in which capacity he was acting.

Doe, Sex Offender Registry Board No. 3974 v. Sex Offender Registry Board

457 Mass. 53 · Massachusetts Supreme Judicial Court · Jun 4, 2010

Foremost among them is that the Legislature clearly intended that the board classify incarcerated sex offenders. G. L. c. 6, §§ 178E (a), 178L (1) (a). … To the contrary, the Legislature has established a flexible classification scheme.

Massachusetts Medical Society v. Dukakis

637 F. Supp. 684 · District Court, D. Massachusetts · Jun 5, 1986

The term “adjudicative” fact is part of established usage. Cf. Fed.R.Evid. 201 (Notes of the Advisory Committee). … Also a part of established usage is the term “finding,” used to refer to a trial court’s decision of an adjudicative fact dispute.

In re Brown

427 Mass. 146 · Massachusetts Supreme Judicial Court · Mar 24, 1998

Any discourtesy to NAGE, Lyons, and Lyons’s family was clearly within the scope of Canon 3 (A) (3). … Second, Justice Brown argues that his comments are immunized from discipline because they derived from his knowledge of National Ass’n of Gov’t Employees v. Labor Relations Comm’n, 38 Mass. App.

Newell v. Department of Mental Retardation

446 Mass. 286 · Massachusetts Supreme Judicial Court · Mar 20, 2006

In light of the conflicting evidence we cannot conclude that the judge’s finding was clearly erroneous. … The e-mail establishes nothing more than what the transcript of the March 29 hearing establishes, i.e., that the ISP service coordinator made certain representations to the judge at the March 29 hearing about the April 30

Commonwealth v. Fuller

22 Mass. App. Ct. 152 · Massachusetts Appeals Court · May 1, 1986

The principal issue on appeal is whether the judge was correct in ruling that the Commonwealth could rely on the child’s out-of-court statements to establish the defendant’s guilt. We affirm. 1. The facts. … Rather, the “admissibility of the utterance must rest on the fact that it was ‘spontaneous to a degree which reasonably negatived premediation or possible fabrication, and tended to qualify, characterize and explain’ the

Kathryn Downey v. Earl Johnson and Massachusetts Department of State Police

Massachusetts Superior Court · Oct 8, 2021

Although such a supervisory report is part of the MSP’s personnel evaluation system, it does not appear to qualify as formal discipline. DISCUSSION I. … In the present case, Downey has failed to establish that the negative supervisory report she received carried any tangible consequences qualifying the report as an adverse employment action.[23] There were no such tangible

Commonwealth v. Jones-Pannell

85 Mass. App. Ct. 390 · Massachusetts Appeals Court · Jun 2, 2014

However, evidence of its history and character may qualify it, as one criterion among several, for determination of the reasonableness of a stop. … Under the governing case law, these collective factors establish reasonable suspicion of unlawful possession of a firearm. See Commonwealth v.

Brown v. Kalicki

90 Mass. App. Ct. 534 · Massachusetts Appeals Court · Oct 20, 2016

Powers Qualified Personal Residence Trust and the Lauren K. Powers Qualified Personal Residence Trust. 3 John Michael Hershey. … The majority's holding that the beach area here became immunized from any claims of prescriptive easements decades before it was the subject of such a proceeding is, in my view, untenable.

Homeowner's Rehab, Inc. v. Related Corporate V SLP, LP

34 Mass. L. Rptr. 14 · Massachusetts Superior Court, Suffolk County · Sep 13, 2016

In furtherance of that project, the parties established a Limited Partnership, with their rights and obligations set forth in a Limited Partnership Agreement. Memorial Drive is the General Partner of the partnership. … Because the Counterclaim is based on conduct that the relevant contracts clearly permit and because there is no additional evidence of bad faith on the plaintiffs’ part, this Court also concludes that the counterclaims must

Aiello v. Planning Board of Braintree

Massachusetts Appeals Court · Apr 14, 2017

A judge's finding on standing will not be disturbed unless clearly erroneous. Kenner, 459 Mass. at 119. … Ct. 435, 440 (2005) ("A plaintiff qualifies as a 'person aggrieved' upon a showing that his or her legal rights will be infringed by the board's action").

Hutcheson v. Director of Civil Service

361 Mass. 480 · Massachusetts Supreme Judicial Court · Mar 31, 1972

Thus the present situation is that there is no "absolute preference" of qualified veterans over qualified nonveterans. … Clearly that statement is intended to apply only to that part of G.L.c. 31, § 23, providing that "[a] disabled veteran shall be appointed and employed in preference to all other persons, including veterans."

Andrews v. South Coast Legal Services, Inc.

582 F. Supp. 2d 82 · District Court, D. Massachusetts · Aug 27, 2008

Therefore, as alleged, the defendants qualify as debt collectors under the Massachusetts statute. … Since Andrews has alleged a violation of the FDCPA, she also has alleged sufficient facts to establish an unfair and deceptive act or practice in violation of Mass. Gen. Laws ch. 93A. See *90 Martin v.

Town of Petersham v. Commissioner of Revenue

391 Mass. 136 · Massachusetts Supreme Judicial Court · Feb 13, 1984

L. c. 58, § 10B, is necessarily qualified by the requirements set forth in G. … These cases are clearly distinguishable, since both turned on a failure of the appellant to request findings and a report. It is not necessary that we have findings and a report in this case.

Adoption of Bianca

Massachusetts Appeals Court · Apr 28, 2017

The decrees issued in February, 2015, the mother and father filed timely notices of appeal, and the judge's findings of fact 5 The father disputes this finding of fact, but it is not clearly erroneous. … The question is whether there was sufficient evidence presented at trial that the mother was on an upward trajectory to establish that it would be fundamentally unfair to resolve the case on the current record.

Eastern Contractors, Inc. v. Earl R. Flansburgh & Associates

1 Mass. L. Rptr. 250 · Massachusetts Superior Court · Oct 27, 1993

In the case at bar, the majority of the letter in question is clearly ERFA’s opinion as to Eastern’s suitability for the job. … Moreover, ”[o]n a motion for summary judgment, the plaintiff bears the burden of establishing abuse of the conditional privilege ... by ‘clear and convincing’ evidence." Catrone v.

Cahaly v. Benistar Property Exchange Trust Co.

451 Mass. 343 · Massachusetts Supreme Judicial Court · May 8, 2008

In order to take advantage of this rule, the funds must be transferred to an escrow account, qualified trust, or qualified intermediary pending the purchase of replacement property. … Benistar Trust advertised itself as a “qualified intermediary” under § 1031.

Swack v. Credit Suisse First Boston

230 F.R.D. 250 · District Court, D. Massachusetts · Sep 14, 2005

whether they are professionals or amateurs”) (internal quotation marks and citation omitted); Priest, 118 F.R.D. at 555 (noting that “[Sophistication does not make a plaintiff devoid of protection under the securities laws or immune … If the question is whether Swack’s incentives align with those of absent class members, the answer clearly is yes.

Clerk of Superior Court for County of Middlesex v. Treasurer & Receiver General

386 Mass. 517 · Massachusetts Supreme Judicial Court · Jun 21, 1982

These funds are then transferred electronically to a central bank account established by the Treasurer, who has established and maintains an accounting system with the capabilities of segregating and recording the various … Clearly, the plaintiffs are State officials, as shown by the application of several relevant statutes. G. L. c. 221, §§ 12, 14, 94. G. L. c. 29A, § 1. G. L. c. 211B, § 9. G. L. c. 35, §§ 22, 23.