Case law

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.

Standerwick v. Zoning Board of Appeals

447 Mass. 20 · Massachusetts Supreme Judicial Court · Jun 16, 2006

The preservation of real estate values of property abutting an affordable housing development is clearly not a concern that the G. L. c. 40B regulatory scheme is intended to protect. … A need for affordable housing exists where fewer than ten per cent of the housing units in a city or town qualify as low or moderate income housing. G. L. c. 40B, § 20.

Massachusetts Community College Council v. Massachusetts Board of Higher Education

81 Mass. App. Ct. 554 · Massachusetts Appeals Court · Apr 6, 2012

This provision was qualified and restricted however. “The granting or failure to grant tenure shall be arbitrable but any award is not binding.” Article 10.06(F). … Such criteria included the “[development and improvement of instructional methodology”; the “[establishment of course objectives, course content and instructional activities”; the establishment of procedures for student evaluation

Hubbell v. Warren

90 Mass. 173 · Massachusetts Supreme Judicial Court · Jan 15, 1864

The control of the suit is with him as the actual plaintiff, and its determination on the present hearing must depend on the nature of the case which he has established by his proofs. … or limited, the intent to create a servitude or privilege in its nature perpetual *179 would be clearly manifested.

Opinion of the Justices to the Senate & the House of Representatives

337 Mass. 777 · Massachusetts Supreme Judicial Court · May 15, 1958

Moreover, speaking generally, these items do not seem to be clearly authorized by the express language of the resolves. We have jurisdiction to give answers only with respect to them. … Their memberships undoubtedly contain many individuals as well qualified as any who may be found to serve on the commission.

Commonwealth v. McCants

25 Mass. App. Ct. 735 · Massachusetts Appeals Court · May 3, 1988

the first motion judge’s memorandum of decision and order discloses . . . that [he] did not consider the more debatable exclusion periods and, understandably, calculated those exclusions which, under the text of the rule, qualified … The period represented by the January 27 continuance was clearly not excluded in our decision.

Commonwealth v. Lys

Massachusetts Appeals Court · Jun 28, 2017

Saferian, 366 Mass. 89 (1974) (Saferian), the defendant was not entitled to relief because he failed to establish that he was prejudiced by the shortcomings of his attorney. … "A claim of ineffective assistance of counsel . . . raises 'an issue of constitutional importance' that readily qualifies as a serious issue." Commonwealth v.

In the Matter of JSV

402 Mass. 571 · Massachusetts Supreme Judicial Court · Jun 13, 1988

beyond all reasonable doubt," either that: (1) the husband had no access to the wife during the time of possible conception; (2) the husband was impotent; or (3) a properly conducted blood grouping test, administered by a qualified … The appellant clearly does not fall within this category. [5] It should be noted that G.L.c. 209C, § 5 ( a ) (1986 ed.), took effect on July 22, 1986, before the appellant intervened in this case.

McCabe v. City of Lynn

875 F. Supp. 53 · District Court, D. Massachusetts · Feb 2, 1995

To establish liability against a municipality under § 1983 after Monell , a plaintiff must prove that: (1) the municipality maintained a policy or custom; and (2) the same custom or policy was the cause of and the moving … Although a certified physician or psychologist might be uniquely qualified to evaluate the emotional condition of a patient, he or she is not qualified to determine whether probable cause exists to support an unconsented

Polito v. School Committee of Peabody

69 Mass. App. Ct. 393 · Massachusetts Appeals Court · Jun 22, 2007

The commissioner reasoned that Polito did not qualify for statutory arbitration under G. … This language clearly evidences an intention of the parties, and particularly the committee as the drafter, to incorporate only certain aspects of G. L. c. 71, § 41, while specifically rejecting others.

Cruz v. Waldman

19 Mass. L. Rptr. 169 · Massachusetts Superior Court · Apr 8, 2005

DISCUSSION Cruz asserts that MassHealth’s decision to deny PCA services as inappropriate in his circumstances is unsupported by the evidence, which he argues clearly establishes his need for home services. … MassHealth is not denying the benefits of a home care program, but substituting medically skilled attendants who are better qualified to handle Cruz’s resistant and potentially violent reaction to his caregiver.

Commonwealth v. Rhoades

379 Mass. 810 · Massachusetts Supreme Judicial Court · Feb 19, 1980

We see no reason to upset the finding of the trial judge that Better was qualified to render an opinion as to the cause of the fire. Commonwealth v. Seit, 373 Mass. 83, 91-92 (1977). … Rather he claims that the jury should have been clearly instructed that the arsonist’s act must constitute not just a cause, but also the proximate cause of the firefighter’s death.

Cahaly v. Benistar Property Exchange Trust Co.

16 Mass. L. Rptr. 220 · Massachusetts Superior Court · Feb 25, 2003

Thus, in connection with the aiding and abetting claims against Merrill Lynch, the plaintiffs established the necessary first element that one or more of the other defendants — Benistar Property, Daniel Carpenter, Molly Carpenter … The interpretation of the letter as not dealing with a broker’s sales practices appears to be clearly correct, and there was no evidence suggesting that something other than a criticism about a broker’s sales practice was

Alexander v. Trustees of Boston University

584 F. Supp. 282 · District Court, D. Massachusetts · Apr 11, 1984

Instead, he established a new ground for denial of aid: failure to comply with an administrative requirement that all applicants for aid file a registration compliance statement. … Second, this sanction is even more clearly disproportionate when applied to those whose violations of the regulations are founded on religious principle.

Coopersmith v. Lehman Broth., Inc.

344 F. Supp. 2d 783 · District Court, D. Massachusetts · Oct 27, 2004

“To accomplish this objective, the PSLRA establishes a new mechanism for appointing a lead plaintiff and lead counsel.” In re Tyco Int’l, Ltd., Nos. 00-MD-1335-B, 2000 DNH 182 , 2000 WL 1513772 , at *1 (D.N.H. … The situation then arose whereby Swack, who had been approved as lead plaintiff in other litigation, was found not to qualify in this litigation.

United States v. Weikert

421 F. Supp. 2d 259 · District Court, D. Massachusetts · Feb 27, 2006

In this case, the government’s purpose is clearly not “beyond the normal need for law enforcement.” Edmond, 531 U.S. at 37 , 121 S.Ct. 447 . … Irreparable Injury I find that defendant will clearly suffer irreparable harm if a preliminary injunction is not granted and he is forced to provide a blood sample.

Commonwealth v. Salemme

395 Mass. 594 · Massachusetts Supreme Judicial Court · Aug 8, 1985

George Curtis, a medical examiner in Suffolk County at the time of the homicide, was qualified by the judge as an expert witness. Dr. … The evidence, viewed in the light most favorable to the Commonwealth, established that Salemme was the “second man” in the restaurant.

United States v. Chase

221 F. Supp. 2d 209 · District Court, D. Massachusetts · Sep 13, 2002

In effect, § 924(c) has two parts: The prosecution must show beyond a reasonable doubt (1) a nexus between the weapon and the defendant as established by the defendant’s actual or constructive possession of the weapon, and … Significantly, none of these theories would have been sufficient to establish a § 924(c) offense in this case. The Supreme Court’s decision in Bailey v.

Casagrande v. Town Clerk of Harvard

377 Mass. 703 · Massachusetts Supreme Judicial Court · Apr 3, 1979

Clearly, Sawyer Lane would not provide safe and convenient *708 access to sixteen additional dwellings, and is not adequate for securing safety in case of fire, flood, panic, or other emergencies as required by the Subdivision … Town ways are established for the use of the town and must be maintained at public expense.

Nickless v. Kessler (In Re Berman)

352 B.R. 533 · United States Bankruptcy Court, D. Massachusetts · Sep 28, 2006

Under the Tax Postponement Program, a qualified homeowner is able to postpone payment of property taxes. … The issue was presented as ministerial; when in fact, it clearly was not that simple.