Case law

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 .

United States v. Wilkes

130 F. Supp. 2d 222 · District Court, D. Massachusetts · Feb 20, 2001

In Apprendi the Supreme Court did not clearly reconcile the three approaches outlined above. … The present indictment, then, clearly is deficient.

Commonwealth v. Silva

401 Mass. 318 · Massachusetts Supreme Judicial Court · Dec 17, 1987

Grand jurors are capable of judging credibility and they are free to disbelieve a witness and persevere in an investigation without immunizing a perjurer. ’ United States v. … The evidence was sufficient “clearly to turn the scale.” Id. Thus, the Commonwealth met its burden under the quantitative rule. III. Admission of the tape.

Adams v. Contributory Retirement Appeal Board

414 Mass. 360 · Massachusetts Supreme Judicial Court · Feb 19, 1993

To qualify for accidental disability retirement benefits under G. … The second ground on remand relied upon by CRAB, see note 4, supra, expressed its view that *365 the plaintiff had not clearly proved causation.

Commonwealth v. Carr

373 Mass. 617 · Massachusetts Supreme Judicial Court · Nov 9, 1977

Densmore, 12 Allen 535 (1866), to extend the exception to a declaration against penal interest, the court refused, id. at 537, but without attempting to justify the difference thus established. … After laying down the threshold definition that a statement, to qualify for admission, must have tended so far to subject the declarant to criminal liability that a reasonable man in the declarant’s position would not have

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.

In re the Trusts Under the Will of Crabtree

440 Mass. 177 · Massachusetts Supreme Judicial Court · Sep 16, 2003

To the extent that the judge harbored doubt as to the fair value of the trustees’ services, 23 or doubt whether they had carried out their fiduciary duties to effectuate the will of the settlor, which he clearly did, it was … See id. at 665 (where “the beneficiaries [had united] on a qualified trustee ... [it was] arbitrary and capricious action and an abuse of discretion for the court to appoint a stranger”).

Powell v. Holmes

District Court, D. Massachusetts · Feb 1, 2018

Mass. 2013) (“One in the possession of a chattel does not become a converter by making a qualified refusal immediately to surrender the chattel when the circumstances are such that the demand for immediate surrender is … In other words, Section 10(d) does not provide immunity to individual defendants—it only provides immunity to the Commonwealth. See Nelson v.

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.”

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.

Thiersaint v. Department of Homeland Security

District Court, D. Massachusetts · Jan 25, 2022

Accordingly, Thiersaint also has failed to establish a triable issue of fact that SCSD violated the ADA or Rehabilitation Act by his cell assignment while at SCHC. … Accordingly, Thiersaint has failed to establish a triable issue of fact as to whether SCSD violated the ADA or Rehabilitation Act regarding his MHU placement.

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

National Grid Holdings, Inc. v. Commissioner of Revenue

89 Mass. App. Ct. 506 · Massachusetts Appeals Court · Jun 8, 2016

In considering whether the DSAs qualified as debt, the board appropriately looked to the language of the DSAs as well as the circumstances of their creation and performance. … Ct. 199, 203 (1986) ("Where there are two permissible views of the evidence, the factfinder's choice between them cannot be clearly erroneous").

Kenn v. Eascare, LLC

Massachusetts Appeals Court · Jan 8, 2024

The Court held that only those plaintiffs whose information had been disclosed to third parties had suffered sufficiently concrete injuries to qualify for art. III standing. Id. at 2214. … Leardi can be read to signify that 'invasion' of a consumer plaintiff's established legal right in a manner that qualifies as an unfair or deceptive act under G.

Morley v. Thayer

3 F. 737 · U.S. Circuit Court for the District of Massachusetts · Sep 30, 1880

by a later case, and that the doctrine, if not qualified, is utterly inconsistent with the bankrupt act, unless it be admitted that every corporation which is adjudged bankrupt is dissolved. … Clearly, the remedy in such a case must be by action at law, in accordance with the practice in all or most of the states where similar statutes have been passed. Grund v. Tucker, 5 Kan. 70, 77 .

In the Matter of Amendment to Sjc Rule 3: 07

398 Mass. 73 · Massachusetts Supreme Judicial Court · Jul 16, 1986

interests of lawyers, many lawyers believe that solicitation is an inherently undignified and unseemly practice, but others suggest that this is an antiquated and elitist notion that serves only to perpetuate the status of an established … associate or any other lawyer affiliated with the lawyer or the lawyer’s firm from requesting referrals from a lawyer referral service operated, sponsored, or approved by a bar association or from cooperating with any other qualified

Feldstein v. Equal Employment Opportunity Commission

547 F. Supp. 97 · District Court, D. Massachusetts · Aug 31, 1982

The Monitor maintains a policy of hiring only Christian Scientists unless there are none sufficiently qualified for the particular position. Feldstein is not a Christian Scientist. … Mandamus Plaintiff must establish two elements to warrant mandamus relief: (1) the duties to be compelled must be entirely *101 ministerial involving neither judgment nor discretion, Iowa City-Montezuma Railroad Shippers

State Board of Retirement v. Contributory Retirement Appeal Board

342 Mass. 58 · Massachusetts Supreme Judicial Court · Feb 10, 1961

He was discharged from the hospital on July 30, “unable to speak clearly” and “to use his left eye. ’ ’ He had difficulty walking. The doctors advised him “to have complete rest at home.” … Sprague, a well qualified cardiologist associated with the Harvard Medical School and the Massachusetts General Hospital, testified in effect that it is totally unknown to medical science what causes a thrombos to form in

Reich v. John Alden Life Insurance

940 F. Supp. 418 · District Court, D. Massachusetts · Oct 8, 1996

John Alden argues that, because its marketing representatives clearly engage in “promoting sales” and “representing the company”, they perform administrative work. … John Alden argues that its marketing representatives clearly exercise discretion and independent judgment in significant matters.

Darke ex rel. Estate of Darke v. Estate of Isner

20 Mass. L. Rptr. 419 · Massachusetts Superior Court · Nov 22, 2005

Corporations or other entities do not qualify as sponsor-investigators. Id. … Elizabeth’s argument regarding the applicability of the Massachusetts Charitable Immunity Statute, G.L.c. 231, §85K, to the circumstances of this case.