Case law

Andrew S. Ex Rel. Margaret S. v. School Committee

59 F. Supp. 2d 237 · District Court, D. Massachusetts · Aug 5, 1999

It would have been simple to make this point clearly, had Congress intended it. … To qualify as a prevailing party, the plaintiff must show both materiality and causation. See New Hampshire v. Adams, 159 F.3d 680, 684 (1st Cir.1998) (citing Farrar v.

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.

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.

Viragh v. Foldes

415 Mass. 96 · Massachusetts Supreme Judicial Court · Apr 29, 1993

The Convention, however, clearly distinguishes between mandatory return due to wrongful removal or retention under art. 3, and discretionary return under art. 18. … The intention of the parent shall be established through the assessment of all the circumstances of a given case . . .

Clark v. Greenhalge

411 Mass. 410 · Massachusetts Supreme Judicial Court · Dec 16, 1991

The judge concluded that Helen Nesmith’s notebook qualified as a “memorandum” of her known wishes with respect to the distribution of her tangible personal property, within the meaning of Article Fifth of Helen Nesmith’s … Our review of the judge’s findings on this point, which is limited to a consideration of whether such findings are “clearly erroneous,” proves the appellant’s argument to be without merit. First Pa. Mortgage Trust v.

Clifton v. Massachusetts Bay Transportation Authority

62 Mass. App. Ct. 164 · Massachusetts Appeals Court · Sep 30, 2004

This claim is refuted by the special verdict form which separated the two claims and the judge’s pointed instructions which clearly set out the elements for claims based on discrimination and retaliation. … While it is true that the MBTA was established as “a body politic and corporate and a political subdivision of the [C]ommonwealth,” see G.

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.

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.

Strong v. USPS

District Court, D. Massachusetts · Jun 20, 2024

federal courts to dismiss a complaint sua sponte if the claims therein lack an arguable basis in law or in fact, fail to state a claim on which relief may be granted, or seek monetary relief against a defendant who is immune … In preparing an amended complaint, Strong should, in sequentially numbered paragraphs, clearly and succinctly set forth the relevant factual allegations and identify each legal claim he wishes to assert.

Ellis E. v. Finn F.

Massachusetts Appeals Court · Nov 8, 2019

L. c. 123, § 12, procedures qualifies as fear of physical harm.15 We also assume, without deciding, that the judge's finding that the defendant had malicious intent when he had the conversations was not clearly erroneous … .16 However, we conclude that these three oral conversations the defendant had with persons other than the plaintiff do not qualify as "true threats" or "fighting words" under the standard established in O'Brien.

Blanchard v. Brooks

29 Mass. 47 · Massachusetts Supreme Judicial Court · Apr 9, 1832

But subject to this qualified seisin in the mortgagee, the mortgager has an estate and a seisin, which he may convey to another, which may be levied upon by an execution, (so that no deduction from the value be made on account … And having the right and power so to take, he must take it with the same immunities under which his debtor held it, one of which is, to redeem by paying the mortgage debt, if it is not otherwise discharged. White v.

In Re Pharmaceutical Industry Average Wholesale Price Litigation

263 F. Supp. 2d 172 · District Court, D. Massachusetts · May 13, 2003

Medicare Part B establishes an insurance program to pay for physicians’ services. See id. at §§ 1395j-1395w. … “[A] common commercial practice,” however, is not enough to establish juridical linkage. La Mar, 489 F.2d at 470 .

Sobel v. Benchmark Assisted Living, LLC

23 Mass. L. Rptr. 547 · Massachusetts Superior Court · Jan 29, 2008

The one relied on by the plaintiff in this case applies in those circumstances in which termination was for reasons that are contrary to “clearly established” public policy. See Smith-Pfeffer v. … established” public policy of the Commonwealth.

Yoon v. Lee

District Court, D. Massachusetts · Dec 20, 2019

“It establishes a presumption of foreign sovereign immunity from 2 In the initial complaints, Plaintiff asserted subject matter jurisdiction based on diversity, but the Court does not have … KBS has not rebutted this evidence, and has not met its burden of establishing, by a preponderance of the evidence, that it is immune from suit.

United States v. Coleman

594 F. Supp. 2d 164 · District Court, D. Massachusetts · Jan 29, 2009

The court, relying on the “plain” language of § 3582(c)(2), expressly rejected the argument that defendants who pled guilty under Rule 11(c)(1)(C) never qualify for relief under § 3582. Id. at 211-12. … Neither does Rule 11 prohibit a sentence agreed to under that rule from “also be[ing] based on a sentencing range,” as, the Court concluded, the Dews defendants’ sentences “clearly were.” Id.

Wayne Manor, Inc. v. Department of Public Welfare (In Re Wayne Manor, Inc.)

94 B.R. 240 · United States Bankruptcy Court, D. Massachusetts · Jul 15, 1988

After the purchase of the assets of Mare-gan Manor, the Department, as was its custom in order to establish a permanent rate, audited interim payments made to Maregan Manor and Stadium Manor. … This Court is following the First Circuit in considering sovereign immunity and Eleventh Amendment to be the same. WJM, 840 F.2d, at 1001, fn. 5 . 2 .

Commonwealth v. Harmon

63 Mass. App. Ct. 456 · Massachusetts Appeals Court · May 6, 2005

The judge qualified his references to the evidence with conditional language four times: “If you heard evidence in this case which suggests . . .”; “If the Commonwealth does establish . . .”; “You are not required to draw … By comparison, the items sought in the case at bar (a gun, clothing worn by the shooter, and blood, hair, and fibers from the crime scene) were clearly connected to the crime. Similarly, Commonwealth v.

Braga v. Insurance Co. of North America

6 Mass. L. Rptr. 636 · Massachusetts Superior Court · Apr 24, 1997

Braga clearly was not a person who lived at Antosca’s home with no present intent of moving from there. … Accordingly, under the considerations Florida courts have established for determining if one is a resident of the insured’s household, Braga does not qualify as such.

Custody of a Minor

5 Mass. App. Ct. 741 · Massachusetts Appeals Court · Dec 23, 1977

The plan was implemented and appeared to be proceeding with qualified success (the child at all times vigorously resisted overnight separations from her foster parents) until the child was delivered to the parents on a permanent … Although she has, I think, made a substantial effort to establish such a home and to equip herself to care for the child, events have proved that Dr.

Kris v. Behavioral Health Services

District Court, D. Massachusetts · May 30, 2025

The claim against DHHS OCR also fails for an independently sufficient reason: the doctrine of sovereign immunity. Under this doctrine, the United States “is immune from suit unless it has consented to be sued.” … Green, 446 U.S. 14, 18 (1980) (explaining that “Bivens established that the victims of a constitutional violation by a federal agent have a right to recover damages against the official in federal court despite the absence