Case law

Commonwealth v. Hussey (No. 1)

410 Mass. 664 · Massachusetts Supreme Judicial Court · Jul 15, 1991

These statements are not enough to qualify as the invocation of a right to cut off questioning. See Commonwealth v. … Brad- *672 show, supra at 265 (defendant’s words, “I don’t want to talk,” were insufficient to establish an assertion of his right to halt further questioning when, without any more encouragement than the question, “And then

United States v. The Lilla

26 F. Cas. 938 · U.S. Circuit Court for the District of Massachusetts · May 15, 1863

Special reference is made to the deposition of the acting mate as establishing that fact. He testified that Henry S. … established.

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").

Commonwealth v. Appleby

380 Mass. 296 · Massachusetts Supreme Judicial Court · Apr 1, 1980

We have already said that an assault with a dangerous weapon coupled with slight, intentional touching can qualify for assault and battery by means of a dangerous weapon under G. L. c. 265, § 15A. … Farrell involved a female victim who had gone to a hotel room with the defendant, apparently for the purpose of having sexual intercourse, although this is not clearly stated in the review of the evidence.

Manson v. GMAC Mortgage, LLC

283 F.R.D. 30 · District Court, D. Massachusetts · Apr 30, 2012

This is too late in the game to qualify as a “common” question for class certification purposes. 26 Typicality “The commonality and typicality requirements of Rule 23(a) tend to merge. … and specifically identifies the mortgage at issue as among those assigned, may suffice to establish the trustee as the mortgage holder.”). .

United States v. Nogueira

3 Mass. Supp. 529 · Massachusetts District Court · May 21, 1982

He was «also given immunity in exchange' for his testimony at trial. … However, since they are al\ clearly admissible, an additional hearing on that issue is unnecessary. See, 28 U.S.C. § 2255 , Rule 8. The petitioner faces a heavy burden.

STEPHEN O'MALLEY & Another v. CONTRIBUTORY RETIREMENT APPEAL BOARD & Another

Massachusetts Appeals Court · Oct 7, 2024

We conclude that the plaintiffs' traffic duty pay does not qualify as "regular compensation" under the statute. Accordingly, we affirm the judgment. Background. … L. c. 32: "[T]he statutory intent is clearly to exempt irregular payments of compensation from the retirement base. (In G.

Commonwealth v. Sauve

27 Mass. L. Rptr. 479 · Massachusetts Superior Court · Nov 4, 2010

First Criterion (conviction) The court finds the first element to be facially established. … Vachher as qualified to testify in this matter. Exhibitionism is a paraphilia.

R.S. v. W.S.

92 Mass. App. Ct. 1110 · Massachusetts Appeals Court · Oct 20, 2017

L. c. 258E, § 1, in several ways, and a plaintiff who proves any one of the various forms of harassment qualifies for an order prohibiting the harassment. … It is clear from the e-mail posts that "each of the three qualifying acts was maliciously intended, defined by G.

Commonwealth v. Valentin

470 Mass. 186 · Massachusetts Supreme Judicial Court · Dec 8, 2014

To establish a claim of constitutional ineffectiveness, the defendant must establish that his  7 attorney's performance fell "below an objective standard … Both of these cases are consistent with an understanding that constructive denials of counsel rising to a level of structural error occur only where the defendant essentially is denied the assistance of any qualified

Lowell Gas Co. v. Attorney General

377 Mass. 37 · Massachusetts Supreme Judicial Court · Jan 8, 1979

Fraudulent misrepresentations as to cost of gas cannot become immune from suit by virtue of department promulgation of rates in reliance thereon. … The Legislature clearly never intended such a result when it enacted c. 164.

Boston Regional Medical Center, Inc. v. Reynolds (In Re Boston Regional Medical Center, Inc.)

265 B.R. 645 · United States Bankruptcy Court, D. Massachusetts · Aug 20, 2001

To qualify as core, a proceeding must meet two qualifications. … Lacking the intervenors’ consent, this Court may not finally adjudicate the matter. 5 Abstention Though the Trustee’s complaint is not entirely a core proceeding, it clearly is “related to” this bankruptcy case within the

Chukwu v. Board of Directors Varig Airline

880 F. Supp. 891 · District Court, D. Massachusetts · Apr 21, 1995

Hodges, 44 F.3d at 339 . *897 The citation to section 1511(a), which, as seen above, qualifies this discretion to instances in which “such transportation would or might be inimical to safety of flight ” (emphasis added) seems … As explained in Hodges , § 1305(a)(1) assured the economic deregulation of the airlines by rendering them immune from rate and service regulation by the states....

Morrissey v. Boston Five Cents Savings Bank FSB

866 F. Supp. 643 · District Court, D. Massachusetts · Nov 2, 1994

Instead, the nonmoving party must adduce specific, provable facts that establish a triable issue. Id. … If Morrissey’s position, the fifth highest in the Bank, were not to qualify as a high policymaking position, it would be difficult to find a position that did.

Green v. Putnam

62 Mass. 21 · Massachusetts Supreme Judicial Court · Sep 15, 1851

There can be no doubt, therefore, that this vote did operate as a grant of a qualified right to the premises in question, which was valid and effectual as against a subsequent purchaser, and subject to which the owner of … It follows, that the use of stone for building purposes, without the limits of Worcester by inhabitants of other towns, is clearly a violation of the right; and so far as the defendant has procured stone for such purposes

Ricci v. Okin

781 F. Supp. 826 · District Court, D. Massachusetts · Jan 22, 1992

This court has noted on a number of occasions that the Consent Decrees, and subsequent orders of the court, clearly establish procedures for the allocation of staff resources, as well as processes for making community placement's … These plans are developed under the supervision of a qualified mental retardation professional.

Martin v. STERICYCLE, INC.

389 F. Supp. 2d 131 · District Court, D. Massachusetts · Oct 4, 2005

Until *136 shortly before resigning, she had, in fact, taken all such days and, therefore, when the employer began to deprive her of them, the terms of her employment had clearly changed. Id. … (“[b]ecause the court finds that plaintiff has not demonstrated pretext, the court will assume, for purposes of summary judgment, that [defendant’s] denial of [plaintiffs] request for vacation time qualifies as an adverse

Antonio Ex Rel. Mother v. Boston Public Schools

314 F. Supp. 2d 95 · District Court, D. Massachusetts · Apr 27, 2004

Since the Buckhannon decision “establishes] that enforceable judgments on the merits and court-ordered consent decrees create the ‘material alteration of the legal relationship of the parties’ necessary to permit an award … In the present case, Plaintiff clearly is not invoking the catalyst theory as a basis for recovering attorneys’ fees.

Ehrlich v. Stern

74 Mass. App. Ct. 531 · Massachusetts Appeals Court · Jun 29, 2009

The page entitled “Sign Up” contains spaces for viewers to send contact information to Sobol and Ivey and says, among other things, “If you feel you may qualify for damages or remedies that might be awarded in the Nestle … Clearly, an allegation that an attorney sabotaged litigation that was beneficial to others in order to reformat and restart that litigation in a manner more beneficial to himself is not an allegation that implicates protected

Connolly v. Suffolk County Sheriff's Department

62 Mass. App. Ct. 187 · Massachusetts Appeals Court · Sep 30, 2004

The department issued a response stating that the individuals who received promotions were more qualified than the plaintiffs. … demonstrated that a forbidden motive played some part in the department’s decision not to promote them, the department may not prevail by merely demonstrating that a legitimate reason influenced their decision, but rather must clearly