Case law

Weiss v. People Savings Bank (In Re Three Partners, Inc.)

199 B.R. 230 · District Court, D. Massachusetts · Sep 29, 1995

Section 549(a)(2)(A) clearly has no application to the facts of this case. 9 . … (B) Limitation on qualified property. — The term "qualified property", when used with respect to commercial transactions financing agreement, includes only commercial financing security acquired by the taxpayer before the

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.

Kosanovich v. 80 Worcester Street Associates, LLC

2014 Mass. App. Div. 93 · Massachusetts District Court, Appellate Division · May 1, 2014

The trial court’s factual determination will only be disturbed if it is clearly erroneous. Id. … Only when a party’s breach “has an extortionate qualify that gives it the rancid flavor of unfairness,” does that breach give rise to a 93A violation. Id.

BIPING HUANG & another v. RE/MAX LEADING EDGE & others.

101 Mass. App. Ct. 150 · Massachusetts Appeals Court · Jun 9, 2022

Although Huang posits that RE/MAX violated the Code of Ethics and Standards of Practice of the National Association of Realtors (code), she cites no case holding that violation of a code of professional ethics qualifies as … Treasurer & Receiver Gen., 401 Mass. 427, 433 (1988) (recognizing clear statement rule applicable to preemption and waivers of sovereign immunity).

Wagner & Wagner Auto Sales, Inc. v. Land Rover North America, Inc.

539 F. Supp. 2d 461 · District Court, D. Massachusetts · Mar 19, 2008

In September 1999, LRNA and Wagner entered into a letter of intent to establish a “Land Rover Centre.” … She clearly stated that plaintiff did not agree to the proposed amendment offered by LRNA.

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

Opinion of the Justices to the Senate

370 Mass. 869 · Massachusetts Supreme Judicial Court · Apr 29, 1976

Amendments to the Constitution of the Commonwealth, an initiative petition (printed as House No. 4201) entitled “An Act to lower electric bills *870 for residential customers, small businesses, and other small users by establishing … and duties of the Governor in the legislative process apply to a law proposed by initiative petition and passed by the General Court, it follows that the Governor may take any action allowed by the Constitution and not clearly

Ray v. Ropes & Gray LLP

961 F. Supp. 2d 344 · District Court, D. Massachusetts · Aug 16, 2013

But, at this preliminary stage, Ray “need not show that [ ]he was ‘qualified’ for partnership in the sense that [ ]he was clearly entitled to partnership; rather [Ray] must merely show that ‘[ ]he was sufficiently qualified … LaBrum & Doak, 846 F.Supp. 1224, 1232 (E.D.Pa.1993) (favorable evaluations from partners sufficient to establish qualification for a partnership).

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.

B. F. Sturtevant Co. v. United States

18 F. Supp. 28 · District Court, D. Massachusetts · Jan 20, 1937

It is difficult to conceive circumstances which would more clearly establish a succession of business than the facts of this case. … Witnesses, called, by the petitioner, who in my opinion were qualified to give an opinion based on relevant factors, put the value from $500,000 to $700,-000 as of March 1, 1913.

Wright v. DeMoura

District Court, D. Massachusetts · Mar 27, 2025

Additionally, claims against state officials in their individual capacities under Section 1983 are subject to the doctrine of qualified immunity. See Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). … Wright has not sued the Department of Correction (DOC) and the defendants assert qualified immunity, they are sued individually under 42 U.S.C. § 1983.”).

Hooker v. Trusted Care, Inc.

25 Mass. L. Rptr. 247 · Massachusetts Superior Court · Mar 11, 2009

(2) she was a qualified handicapped individual; (3) she was subject to an adverse employment action; and (4) the position remained open and the employer sought to fill it. … Hooker claims that she has established a tortious interference claim because she has established a handicap discrimination claim.

Westcott v. Califano

460 F. Supp. 737 · District Court, D. Massachusetts · Apr 20, 1978

Affleck, 388 F.Supp. 137, 139-40 (D.R.I.1975), and “[I]t is not necessary that the members of the class be so clearly identified that any member can be presently ascertained.” Carpenter v. … This court heartily agrees that the statutory and regulatory distinction, thus established, is gender based.

Stevens v. CSA, INC.

271 B.R. 410 · District Court, D. Massachusetts · Aug 27, 2001

Bankruptcy Rule 6006(b) provides that such a motion to compel an assumption or rejection decision by the DIP is governed by Bankruptcy Rule 9014, which establishes procedural requirements in contested matters. … Orders which qualify as “final judgments, orders and decrees” are reviewed as of right under § 158(a)(1).

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.

Atlantic National Bank v. Harris

118 Mass. 147 · Massachusetts Supreme Judicial Court · Jun 28, 1875

of the directors are also empowered to execute all papers and to do whatever is necessary to complete the organization, and they are to continue to act as directors of the national association until others are chosen and qualified … It is clearly to be inferred, from the facts stated, that the defendant knew that Pierce had the right to sue the bank, that the bank was liable to pay him for services, already once paid for, and that it had a right of action

United States v. Whigham

754 F. Supp. 2d 239 · District Court, D. Massachusetts · Dec 3, 2010

While the Federal Sentencing Guidelines did not ask about these other individuals — clearly, a flaw — I did. 560 F.Supp.2d at 84 . … While the Federal Sentencing Guidelines did not ask about these other individuals — clearly, a flaw — I did. 560 F.Supp.2d at 84 .

Dahill v. Police Department

434 Mass. 233 · Massachusetts Supreme Judicial Court · May 25, 2001

The Legislature identified three avenues by which a person can establish that he falls within the statute’s protection: the person (a) has an “impairment” that substantially limits a major life activity, (b) has a “record … Arline, 480 U.S. 273 (1987) (“An insulin-dependent diabetic is clearly a ‘handicapped person’ within the meaning of the Rehabilitation Act”), and Wallace v. Veterans Admin., 683 F. Supp. 758, 761 (D.

Attorney General v. Hahnemann Hospital

397 Mass. 820 · Massachusetts Supreme Judicial Court · Jul 2, 1986

In that year, Mary Ida Converse established an inter vivas charitable trust for the support of a homeopathic hospital. … Clearly, Converse’s primary intent was to support directly the operation of a hospital, but she contemplated and approved the possibility that Hahnemann would operate and maintain convalescent homes, or might decide to support

Haven v. Foster

31 Mass. 534 · Massachusetts Supreme Judicial Court · Oct 15, 1833

Clearly to bring the date of the will to that of the *545 codicil, and to give the words of the will the effect they must have as then used. … To test the effect of this republication, let us apply it to the devise to John Foster for life, in respect to which there are no restraining or qualifying words in the codicil.