Case law

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.

Phillips v. Eastern Railroad

138 Mass. 122 · Massachusetts Supreme Judicial Court · Nov 3, 1884

corporation may and shall apply “ the net earnings of said property in the manner provided in the thirteenth and fourteenth sections of said act, and shall make therefrom the payments therein provided to the sinking-fund therein established … We understand the words “ needful to maintain its road and equipment in good condition ” to relate to and qualify the words immediately preceding, namely, “ renewals and repairs,” and not to reach back so as to qualify the

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.

Mackey v. Santander Bank, N.A.

Massachusetts Appeals Court · Sep 14, 2020

L. c. 203E, was not effective until July 8, 2012, after the trust was established and James both resigned and was purportedly reappointed as trustee. … The trust then clearly provided that Lisa was to become the successor trustee or, in the event of Lisa's death, resignation, or incapacity (none of which occurred here), that the trust beneficiaries were to appoint a

Strout v. United Shoe Machinery Co.

195 F. 313 · District Court, D. Massachusetts · Mar 30, 1912

that in matters of pleading inferences from equivocal and uncertain allegations cannot he followed, and that, where the question relates to jurisdiction, argumentative inferences are not sufficient to establish jurisdiction … White-house qualified as trustee by giving the bond required. “On July 19, 1911, Mr.

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.

In re Gretag Imaging, Inc.

485 B.R. 39 · United States Bankruptcy Court, D. Massachusetts · Jan 9, 2013

Supervalu maintains that the testimony and exhibits introduced into evidence at the prior evi-dentiary hearing in this matter established that Qualex had delivered to Supervalu’s predecessors 513 minilabs which qualified … Thus, Su-pervalu has carried its burden to establish the validity of its claim.

Maddocks v. Contributory Retirement Appeal Board

369 Mass. 488 · Massachusetts Supreme Judicial Court · Jan 7, 1976

Groups 3 and 4 are clearly inapplicable to the plaintiff and the present inquiry, therefore, centers around Groups 1 and 2. … The plaintiff must fall into Group 1 if she does not qualify for a Group 2 classification.

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."

Hannaford v. Carlson

48 Mass. App. Dec. 98 · Massachusetts District Court, Appellate Division · Apr 15, 1971

O’Hara, 266 Mass. 310 , *108 is clearly distinguishable from the case before us. … Once established as being admissible, the reported evidence clearly shows that the plaintiff merely wanted the defendants to hold title to the land in question as a favor to him to prevent its being taken by the Weymouth

Nanje v. Chavez

134 F. Supp. 3d 544 · District Court, D. Massachusetts · Sep 28, 2015

Both charges of Count 1 and Count 3 occurred the same day on March 15, 2005, you pleaded guilty to both concurrently, and the plea agreement clearly shows that the $12,000 restitution was assessed under both counts. … Among the requirements an applicant must show in order to qualify for naturalization is that he or she “has been and still is a person of good moral charae-ter[.]” 8 U.S.C. § 1427 (a).

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.

V.J. v. N.J.

Massachusetts Appeals Court · Jan 30, 2017

C.R., supra at 536 ("The threat to make the plaintiff's life a living hell clearly was intimidation"). Indeed, as in A.T. v. … To be sure, the judge disbelieved the defendant's claim to be a calm individual, and she found that he "is clearly angry and upset that he cannot ride the bus he chooses to work."

Santander Consumer USA Inc. v. Walsh

762 F. Supp. 2d 217 · District Court, D. Massachusetts · Nov 30, 2010

As one means to avoid Noerr-Pennington immunity, defendants rely on the sham litigation exception. … Accordingly, it is not necessary to address the fraud exception to Noerr-Pennington immunity. 22 .

Patriot Group, LLC v. Fustolo (In re Fustolo)

563 B.R. 85 · United States Bankruptcy Court, D. Massachusetts · Jan 9, 2017

Accordingly, the Court established a protocol to evaluate the availability of the Fifth Amendment privilege asserted by Fustolo. … Clearly, no single approach is ideal for all the varied cases and circumstances in which the issue is apt to arise; but equally clearly, a person who asserts that the compelled production of documents in his possession would

Department of Public Welfare v. Anderson

377 Mass. 23 · Massachusetts Supreme Judicial Court · Jan 4, 1979

L. c. 197, § 9, nor does it clearly indicate whether the obligation held by the Commonwealth is of the deceased or of the estate. … We must therefore determine whether the immunity enjoyed by the Commonwealth from statutes of limitation includes immunity from the constraints of G. L. c. 197, § 9.

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.

Perry v. Bordley

379 F. Supp. 2d 109 · District Court, D. Massachusetts · Jul 18, 2005

Even if the court is wrong in its assessment that the right to conduct a frisk arises independently of the right to conduct a Terry stop, Bordley would have a strong argument for qualified immunity. … Assuming that the frisk violated a Fourth Amendment right of Perry's, the question remains whether the right not to be frisked in the context of a consensual encounter was (or is) clearly established. Saucier v.

Borowiec v. Local No. 1570 of the International Brotherhood of Boiler-Makers

626 F. Supp. 296 · District Court, D. Massachusetts · Jan 16, 1986

Benjamin Miller told the members that the collective bargaining agreement “clearly” provided for endtailing in the event of a plant closing. … They contend that the proposal was widely discussed, that the ballot was clearly explained to the members before the vote, and that the notice concerning the special meeting and the vote was adequate.

Mister Jay Fashions, Inc. v. Bay Bank Middlesex, N.A.

3 Mass. Supp. 96 · Massachusetts District Court · Dec 22, 1981

qualifies as a “letter of credit” under G.L.c. 106, § 5-103. *100 3. … The evidence clearly states that Blatchford was an employee of the defendant bank with full authority to issue letters of credit.