Case law

Mistry Prabhudas Manji Eng. Pvt. Ltd. v. Raytheon Engineers & Constructors, Inc.

213 F. Supp. 2d 20 · District Court, D. Massachusetts · Aug 6, 2002

Though it may have more fully discovered the scope of defendants’ misrepresentations in 1999, MPM’s belief in defendants’ representations regarding the technology’s effectiveness in accomplishing 99.5% concentration had clearly … immunity from liability lay on the party asserting immunity.

Ayele v. Educational Credit Management Corp.

490 B.R. 460 · District Court, D. Massachusetts · Mar 8, 2013

Ayele failed to satisfy his burden of establishing undue hardship as of the time of trial. This Court agrees that Ayele has failed to meet his burden under either test. a. … In this case, the Bankruptcy Court took judicial notice of the fact that under the Ford Program Ayele would qualify for either an Income Repayment plan (“ICR”) or the Income-Based Repayment program (“IBR”).

Witkowski v. Richard W. Endlar Insurance Agency, Inc.

81 Mass. App. Ct. 785 · Massachusetts Appeals Court · May 29, 2012

It was established in 1984, as a conversion to residential condominium use of a building originally constructed in 1920. 3 As established, the condominium included eighty-six residential units; four of those, including unit … Though the certificate made clear that it is not a contract of insurance, it stated clearly that the listed policies had been issued.

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

Regis v. William Gross

District Court, D. Massachusetts · Jun 1, 2020

City Defendants nonetheless object to Plaintiffs’ request to amend the complaint on the basis that the proposed amendments are futile, since the named officers would enjoy qualified immunity for the alleged conduct. … Accordingly, the timely motion to amend is allowed and the court will address the qualified immunity argument in the first instance if raised by the Defendant officers themselves.

Commonwealth v. Paniaqua

413 Mass. 796 · Massachusetts Supreme Judicial Court · Dec 15, 1992

Doogan did not testify as an expert, and indeed there was no evidence that would have qualified him as such. … If the court means, however, that the police officers’ testimony warranted the jury in finding that the tinfoil ball in fact contained cocaine, the court is clearly wrong.

United States v. Mubayyid

567 F. Supp. 2d 223 · District Court, D. Massachusetts · Jul 24, 2008

Thus, false statements made to state agencies or to private parties may qualify as false statements to a federal agency. … That assertion is clearly incorrect.

Vega v. Nourse Farms, Inc.

62 F. Supp. 2d 334 · District Court, D. Massachusetts · Aug 25, 1999

First, the H-2A provisions at issue, including the positive recruitment and fifty-percent rales, were clearly promulgated for the particular benefit of United States workers. … Fourth, the area of immigration and naturalization clearly has traditionally been entrusted exclusively to the federal government. See, e.g., Plyler v.

Commonwealth v. Guardado

Massachusetts Supreme Judicial Court · Apr 13, 2023

The defendant argues, however, that the judge's finding was clearly erroneous. … "The burden is on the appellant to show that a finding is clearly erroneous." Pointer v. Castellani, 455 Mass. 537, 539 (2009).

Early v. Early

413 Mass. 720 · Massachusetts Supreme Judicial Court · Dec 9, 1992

The judge entered a qualified domestic relations order (QDRO), 3 directing the plan admin *723 istrator of the husband’s pension to establish a separate account for the wife and to transfer to that account 31.6 per cent of … It was clearly within the judge’s discretion to include the present value of the husband’s public pension interest in the marital estate which was subject to the division unless that action was precluded by law.

Sainato v. Ninety-Nine West, Inc.

2 Mass. L. Rptr. 601 · Massachusetts Superior Court · Oct 24, 1994

The Barvenik court, noting that no case had “clearly articulated the measure of the plaintiffs’ burden in proving the requisite aggrievement, after the pleading stage,” found nevertheless that the plaintiffs in that case … Moreover, in neither the complaint nor in his memorandum in opposition to the dismissal motion does Sainato allege facts to support his claim that he qualifies as a “party in interest” entitled to a presumption of standing

Bey v. Budreau

District Court, D. Massachusetts · Feb 17, 2023

In support of his request for injunctive relief, Bey contends that “the 4th amendment was clearly violated and there would be no need for a trial [if the motion to suppress was granted].” … The doctrine of judicial immunity establishes the absolute immunity of judges from damages for actions taken as part of their judicial (as opposed to executive or administrative) functions that are within their jurisdiction

Tobin's Case

424 Mass. 250 · Massachusetts Supreme Judicial Court · Feb 11, 1997

L. c. 152, §§ 34 and 35, unless the employee can establish that, but for the injury, he or she would have remained active in the labor market. … The statute clearly satisfies this test. The employee misreads § 35E in concluding that he and members of his family are barred from testifying to defeat the presumption.

Delgado v. Dennehy

503 F. Supp. 2d 411 · District Court, D. Massachusetts · Aug 27, 2007

established federal law. … Supp 2d at 54, the absence of clearly established federal law, as determined by the Supreme Court, hardly helps his case.

DiNapoli v. Yelp Inc.

District Court, D. Massachusetts · Jan 15, 2019

Yelp contends that its conduct qualifies under parts three and four. … In short, the fact that Yelp provides a forum for customer reviews does not immunize it from suit, nor does it mean that every act it undertakes is in furtherance of free speech.

Commonwealth v. Scesny

472 Mass. 185 · Massachusetts Supreme Judicial Court · Jul 14, 2015

The defendant challenges the admission of McKillop's opinion testimony on the ground that she was not professionally qualified to give it. … McKillop's challenged opinion testimony concerning what she would expect to see if the victim had pulled up her underwear and pants following intercourse and following the deposit of the red-brown stains on her body clearly

Haddad v. Wal-Mart Stores, Inc.

455 Mass. 1024 · Massachusetts Supreme Judicial Court · Jan 22, 2010

The plaintiff bears the burden of establishing and supporting the number of hours billed, see Twin Fires Investment, LLC v. … Nonetheless, since the entries including multiple tasks are for tasks of short duration, and the work performed is clearly described, we decline the defendant’s suggestion that we reduce all of the billed hours by twenty

Commonwealth v. LaVelle

414 Mass. 146 · Massachusetts Supreme Judicial Court · Jan 12, 1993

The operation was designed to stop rampant drug sales among patrons of certain bars and other establishments in Framingham. … While the testimony of the detective as to statements made by Robinson is clearly hearsay, “[t]he hearsay rule forbids only the testimonial use of reported statements.

U.S. Trust Co., N.A. v. Attorney General

447 Mass. 523 · Massachusetts Supreme Judicial Court · Oct 12, 2006

Gooding’s express intent was to establish a scholarship fund to benefit students at Plymouth High School, which was, at the time the trust was established, the only public high school serving the population of the town. … The provisions of Article Third clearly specify that the amount of each scholarship gift awarded may be up to ten per cent of the trust’s net income, and that the aggregate scholarship money awarded in a given year is limited