Case law

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.

Aranha v. Eagle Fund, Ltd. (In Re Thornhill Global Deposit Fund, Ltd.)

245 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · Feb 1, 2000

Mer-curius argues that the $3 million are in escrow which renders the Funds immune from turnover because they are no longer property of the Debtor’s foreign bankruptcy estate. … Bankruptcy courts have consistently recognized that the compulsory winding up under Bahamian law qualifies as a “foreign proceeding” and that similarly, the officially appointed liquidators qualify as “foreign representatives

White v. City of Boston

District Court, D. Massachusetts · Mar 29, 2022

immunity. … Beyond that, they incorporate their third reason, addressed in the next paragraph of the text above, and argue Janey could not have known she was violating any clearly established right. Doc. No. 44 at 7.

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.

Service Merchandise Co. v. Twin City Mall Associates

1 Mass. L. Rptr. 557 · Massachusetts Superior Court · Mar 8, 1994

Service Merchandise notified Twin City that it would expect full reimbursement for all expenses related to the claim, including reasonable attorney’s fees, once it was established that the accident occurred in a common area … Boston Edison Co., 390 Mass. 604, 616 (1983), the boundaries of what may qualify for consideration as a C. 93A violation is a question of law.” Schwanbech v.

Commonwealth v. York

50 Mass. 93 · Massachusetts Supreme Judicial Court · Mar 15, 1845

This is established by Legg’s case, Kelyng, 27. … This is clearly stated by the court in Oneby’s case, in 2 Ld.

Thompson v. Globe Newspaper Co.

279 Mass. 176 · Massachusetts Supreme Judicial Court · May 19, 1932

The complaint and the warrant were clearly admissible on the issue of truth or to show that the defendants had published a fair and accurate report. … Blakely Printing Co. 163 Minn. 226, 233 , “The doctrine is now well-established in England that malice or motive incident to the publication of qualified privileged matter, which recognizes actual malice on the part of the

Commonwealth v. Barreto

113 N.E.3d 429 · Massachusetts Appeals Court · Oct 29, 2018

The stop itself clearly was justified by the earlier traffic violation, a conclusion that the defendant does not really dispute. … to establish reasonable suspicion" (emphasis supplied).

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.

Soni v. Wespiser

239 F. Supp. 3d 373 · District Court, D. Massachusetts · Mar 3, 2017

Finally, the complaint clearly alleges defendants had knowledge of her prior discrimination lawsuits, and that those were spun into alleged defamatory statements about Dr. Soni being “trouble.” … Soni clearly had relationships with CMC and Baystate which contemplated economic benefit. As discussed above, it can be reasonably inferred that Dr. Wes-piser harbored ill will toward Dr..

Collins v. Secretary of the Commonwealth

407 Mass. 837 · Massachusetts Supreme Judicial Court · Jul 5, 1990

The next day, ten qualified voters of the Commonwealth (plaintiffs) filed with the Secretary of the Commonwealth (Secretary) a petition for a referendum on c. 516. … Clearly, the Legislature added §§ 1 and 14, not to benefit religious institutions, but to mitigate the risk of the statute being attacked on constitutional grounds.

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.

Kumar v. Roth

19 Mass. L. Rptr. 172 · Massachusetts Superior Court · Mar 25, 2005

THE PARTIES MUTUALLY ACKNOWLEDGE THAT THEIR AGREEMENT IS QUALIFIED AND THAT THEY, THEREFORE, CONTEMPLATE THE DRAFTING AND EXECUTION OF A MORE DETAILED AGREEMENT. … THE PARTIES MUTUALLY ACKNOWLEDGE THAT THEIR AGREEMENT IS QUALIFIED AND THAT THEY, THEREFORE, CONTEMPLATE THE DRAFTING AND EXECUTION OF A MORE DETAILED AGREEMENT.

Sullivan v. City of Springfield

555 F. Supp. 2d 246 · District Court, D. Massachusetts · May 23, 2008

On remand the First Circuit directed the district court to order “some form of compensatory relief’ for class members and suggested that the relief include the establishment of priority pools to facilitate the hiring of qualified … First, though the reach of the Castro decree is clearly central to this case, neither party here was a party to that decree.

Champagne v. Commissioner of Correction

395 Mass. 382 · Massachusetts Supreme Judicial Court · Jul 11, 1985

interest of prisoners and their corres *387 pondents in uncensored communication by letter, grounded as it is in the First Amendment, is plainly a ‘liberty’ interest within the meaning of the Fourteenth Amendment even though qualified … The notice must clearly set forth the basis for the rejection of the mail. 28 C.F.R. § 540.12 .” 9 The relevant regulation appears in 103 Wal. 481.17, which states: “1.

NRT New England, Inc. v. Moncure

24 Mass. L. Rptr. 599 · Massachusetts Superior Court · Oct 23, 2008

“It has long been the rule in Massachusetts that a contract provision that clearly and reasonably establishes liquidated damages should be enforced, so long as it is not so disproportionate to anticipated damages as to constitute … In light of these facts, Coldwell Banker’s conduct qualifies as unethical and unscrupulous.

Commonwealth v. Adams

482 Mass. 514 · Massachusetts Supreme Judicial Court · Jun 27, 2019

Our early case law, by contrast, does not clearly establish interference with a police officer as an independent offense. … On appeal from a magistrate judge's decision, the United States Court of Appeals for the First Circuit upheld the allowance of a motion for summary judgment by the police on qualified immunity grounds, and concluded that

Showtime Entertainment LLC v. Ammendolia

885 F. Supp. 2d 507 · District Court, D. Massachusetts · Aug 9, 2012

The Supreme Judicial Court has held that nude dancing is also a protected form of expression under Article 16, but it declined to adopt the qualified language used by the Supreme Court. Mendoza v. … The second requirement — that the ordinance be “narrowly tailored” — is also clearly satisfied by the alcohol-prohibition by-laws.

Carta Ex Rel. Estate of Carta v. Lumbermens Mutual Casualty Co.

419 F. Supp. 2d 23 · District Court, D. Massachusetts · Mar 13, 2006

Clearly, and as one of defense counsel explained, the defense witnesses will testify to the effect that there was no settlement offer ever on the table. … Accordingly, the “expense and possible delay inherent in any disqualification of counsel” without more, do not qualify as substantial hardship, Estate of Andrews v.

Fraser v. Major League Soccer, L.L.C.

180 F.R.D. 178 · District Court, D. Massachusetts · Jan 28, 1998

The focus of this inquiry is whether: (1) the class members have interests common with and not antagonistic to the members of the class; and (2) the class representatives and their counsel are “qualified, experienced and … be met: (1) the prosecution of separate actions by or against individual members of the class would create a risk of (A) inconsistent or varying adjudications with respect to individual members of the class which would establish