Case law

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.

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.

Commonwealth v. Arrington

455 Mass. 437 · Massachusetts Supreme Judicial Court · Dec 7, 2009

At the time she gave her testimony, Mann clearly was medicated, and the prosecutor requested leeway from the judge to lead the witness, which was allowed. … This same testimony would be offered by the Commonwealth at trial to establish that the defendant had committed assault and battery on Mann.

Central Water District Associates v. Department of Environmental Protection

2 Mass. L. Rptr. 81 · Massachusetts Superior Court · Mar 29, 1994

Under the first two options, the landowner would be required to prove that he qualifies for an exemption to the regulation. Id. at 741-42 . … Contrary to CWD’s arguments, however, Bourne does not immunize a landowner who proceeds under this third option from subsequent liability. This argument was properly rejected by the ALJ.

Cutler v. Tufts

20 Mass. 272 · Massachusetts Supreme Judicial Court · Oct 15, 1825

And if it is so, then most clearly, by reason as well as by the authorities, the latter clause ought to be rejected. 1 It is not an explanation, but a direct contradiction. … This point has been well argued by counsel exceedingly well qualified to manage a technical combat of this nature.

Commonwealth v. Chase

385 Mass. 461 · Massachusetts Supreme Judicial Court · Mar 2, 1982

This requirement of some scienter on the part of the defendant immunizes the statute from due process challenge. Just as the Commonwealth must prove parenthood beyond a reasonable doubt, Commonwealth v. … The Legislature has clearly provided, by § 16, that a judge may impose pendente lite orders after an initial adjudication of paternity under either § 12 or § 15.

Bullard v. Chandler

5 L.R.A. 104 · Massachusetts Supreme Judicial Court · Jun 25, 1889

It must be held, not as a limitation subsequently made, and therefore repugnant to the gift, but as a limitation to the gift as made, and thus qualifying and defining it. All to which *537 Mr. … The charity intended by the testatrix was clearly specified.

Callagy v. Town of Aquinnah

880 F. Supp. 2d 244 · District Court, D. Massachusetts · Jul 27, 2012

The selectmen of the town do not have a uniform view as to who qualifies as a seasonal resident. (Docket Entry # 24, ¶ 22; *250 Docket Entry # 32, ¶ 22). … law and (2) this conduct deprived appellants of rights, privileges or immunities secured by the Constitution or laws of the United States.”

Broderick v. Roache

767 F. Supp. 20 · District Court, D. Massachusetts · Jun 18, 1991

After a careful review of this record, I conclude that Broderick has met his threshold burden of establishing protected conduct. … The frequency of articles on the BPD, and Broderick’s regular contribution to them which is clearly established by the record, is persuasive. Gomez v.

Commonwealth v. Ware

75 Mass. App. Ct. 220 · Massachusetts Appeals Court · Sep 23, 2009

Thus, it qualifies as a “serious drug offense” under G. L. c. 269, § 10G(e). … The Randolph decision involved a husband who clearly objected, and his wife who consented, to a search of the marital residence by police officers. Id. at 107 .

Commonwealth v. Kenney

55 Mass. App. Ct. 514 · Massachusetts Appeals Court · Jul 26, 2002

Evidence later established that the Mustang was leased to both Murphy and the defendant. … The denial of the defendant’s motion to dismiss the indictments in the instant case not only falls within this express qualifying condition in Carapellucci , but also is consistent with the rationale that “where an apparent

Mitchell v. UIPE Products, Inc.

1 Mass. L. Rptr. 541 · Massachusetts Superior Court · Mar 15, 1994

“If the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts which would establish the existence of a genuine issue of material fact in order to defeat … As stated by the First Circuit in Snow: In considering whether an actor not clearly within the statute is entitled to repose, the court engages in a fact-based activities analysis. (Citation omitted.)

Deacons of First Universalist Church of North Adams

1 Davis. L. Ct. Cas. 211 · Massachusetts Land Court · Aug 15, 1905

In the Boland deed the grant itself, after the rejection of the limitation over, was a grant of a qualified fee only and not of a fee absolute. … The consecration is, and is to be regarded as, a religious ceremony,, and not as an act qualifying the estate in the land.

McClinton v. Suffolk County Jail

District Court, D. Massachusetts · Nov 1, 2021

immunity. … Because McClinton has failed to establish a constitutional violation by the Defendants, however, this Court need not address their qualified immunity argument. Ruiz-Casillas v.

Howell v. Department of Housing and Community Development

District Court, D. Massachusetts · May 2, 2022

Jordan, 440 U.S. 332, 344 (1979) (Congress did not override state's Eleventh Amendment immunity in enacting Section 1983); Brown v. … Howell doesn’t allege that he suffers from a qualified disability or that he is a member of a protected class.

Back Beach Neighbors Committee v. Town of Rockport

District Court, D. Massachusetts · Apr 21, 2021

The MTCA abrogates the Commonwealth’s immunity in many tort actions but preserves such immunity for certain claims enumerated in M.G.L. c. 258, § 10. … immune to such private nuisance claims.

Aldrich v. Ruano

952 F. Supp. 2d 295 · District Court, D. Massachusetts · Jun 24, 2013

In forma pauperis complaints may be dismissed sua sponte and without notice under section 1915 if the claim is based on an indisputably meritless legal theory or factual allegations that are clearly baseless. … Finally, under the public function test, a private party can be characterized as a state actor "if the plaintiff establishes that, in engaging in the challenged conduct, the private party performed a public function that