Case law

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

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

George M. Zolotas & Bros. v. Santos

1987 Mass. App. Div. 22 · Massachusetts District Court, Appellate Division · Feb 19, 1987

Sawyer, 288 Mass. 402, 408 (1934), even if it had not been qualified by additional evidence that the defendant’s experts never examined the roof in question, or took any steps to enforce what they alleged to be a code violation … The short answer to the defendant’s contentions is that the court simply did not find the requisite facts in the defendant’s favor; and such factual findings as were made are not clearly erroneous and are thus beyond the

Proprietors of Meeting-House v. Pierpont

48 Mass. 495 · Massachusetts Supreme Judicial Court · Mar 15, 1844

It has been argued by the plaintiffs’ counsel, that this rule of law has been qualified and limited, by the decision in the case of Stearns v. … We are therefore clearly of opinion, that the plaintiffs are not entitled to the discovery sought, as the defendant’s answers to the interrogatories in the bill could not ba given in evidence in the action at law.

Goodman v. Aetna Casualty & Surety Co.

412 Mass. 807 · Massachusetts Supreme Judicial Court · Jun 10, 1992

We conclude that the record in this case does not permit an informed resolution whether the leak in question was abrupt, and therefore, does not establish enough facts to warrant decision of the “suddenness” issue. … The expert’s observations provide nothing which clearly explains the source of the hole in Tank No. 2, or whether the release of pollutants came about as the result of a condition that developed so rapidly it could properly

Karaa v. Kuk Yim

86 Mass. App. Ct. 714 · Massachusetts Appeals Court · Dec 5, 2014

In order to qualify, the foreign employee must have worked abroad for the company for at least one continuous year within the three years prior to their admission into the United States. … In the instant case, the Karaas clearly violated these requirements.

Burnham v. CITY OF SALEM, MASS.

101 F. Supp. 2d 26 · District Court, D. Massachusetts · May 25, 2000

In Amsden, 904 F.2d at 757 , for example, in deciding an issue of qualified immunity, we stated that plaintiff had not produced evidence of conduct so “shocking or violative of universal standards of decency” as to violate … [they] make clear that plaintiffs must first establish an independent property right before they can argue that the state has taken that right without just compensation”).

Courier Citizen Co. v. Commissioner of Corporations & Taxation

358 Mass. 563 · Massachusetts Supreme Judicial Court · Jan 20, 1971

However, to qualify for such exclusion, the machinery must be used directly in one of the specified activities listed above in connection with the exclusion of materials, tools and fuel. . . . … however, third sentence of fn. 6, supra) and even though the "incidence” of the tax (despite its reimbursement to the registered vendor) has been ruled to be on the registered vendor, at least in situations where Federal immunity

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.

Mellus v. Thompson

16 F. Cas. 1334 · U.S. Circuit Court for the District of Massachusetts · Oct 15, 1858

S.] 530, the same court held, that this provision was clearly confined to personal actions, assigning as the reason for the conclusion, that the power to prosecute or defend is given to the ' executor or administrator of … Yet his representation of his intestate is a qualified one. and extends not beyond the assets of which the ordinary had jurisdiction.

Banks v. Town of Plainville

District Court, D. Massachusetts · Dec 11, 2020

right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct.” … Courts have discretion to decide which qualified immunity prong to address first. Pearson v. Callahan, 555 U.S. 223, 236 (2009).

Town of Harvard v. Maxant

360 Mass. 432 · Massachusetts Supreme Judicial Court · Nov 9, 1971

The defendant next argues that his use of the private landing strip is lawful because it qualifies as “customarily incidental” to the residential use of the property. … The use must be further scrutinized to determine *439 whether it has commonly, habitually and by long practice been established as reasonably associated with the primary use. . . .

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.

Hensley v. Attorney General Allen v. Attorney General

474 Mass. 651 · Massachusetts Supreme Judicial Court · Jul 6, 2016

medical marijuana law, the phrase "medical use of marijuana" is defined in such a way that it refers to the activities of medical marijuana treatment centers, and not just to "use" in the colloquial sense of consumption by qualifying … processing (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfer, transportation, sale, distribution, dispensing, or administration of marijuana, for the benefit of qualifying

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.

Hurton v. Puorro

20 Mass. L. Rptr. 501 · Massachusetts Superior Court · Feb 14, 2006

Department of Revenue, 41 Mass.App.Ct. 598, 603 (1996) (person acting in official capacity in a discretionary function *503 is entitled to qualified immunity from suit); South Boston Betterment Trust v. … The cases do establish that a municipality is not liable where it is not “ ‘acting in a business context,’ that is, when it is not engaged in ‘trade or commerce.’ ” Id., quoting All Seasons Servs, Inc. v.

Commonwealth v. Slonka

11 Mass. L. Rptr. 264 · Massachusetts Superior Court · Jan 20, 2000

In dicta, the Court also suggested that “[i]f polygraphic evidence is to be admissible in a given case, it seems likely that its reliability will be established by proof in a given case that a qualified tester who conducted … More importantly, however, the study clearly does not test Johnson’s accuracy in “similar circumstances.”

Barnard v. Norwich & W. R.

2 F. Cas. 841 · U.S. Circuit Court for the District of Massachusetts · May 15, 1876

Subsequent locations, if within the indicated lines, are clearly within the express words of the grant. … Search is made in vain for anything to limit or qualify that language.

Sorenti Bros. v. Commonwealth

468 Mass. 189 · Massachusetts Supreme Judicial Court · May 19, 2014

Here, the new limited access highway extends directly over the location of the now former rotary, which, all agree, qualified as “an existing public way.” … Coming within this provision of § 12, however, does not help Sorenti here, because not every detrimental effect of a public improvement project qualifies as a compensable injury. See 4A J.L.

Boston Chamber of Commerce v. Assessors of Boston

315 Mass. 712 · Massachusetts Supreme Judicial Court · Mar 28, 1944

The general findings of the board are explained and qualified and may be controlled by findings of specific or subsidiary facts, which the board made in considerable detail. Commissioner of Corporations & Taxation v. J. … It will be recognized only where the property falls clearly and unmistakably within the express words of a legislative command. Redemptorist Fathers v. Boston, 129 Mass. 178, 180 . Boston Symphony Orchestra, Inc. v.