Case law

Meehan v. New England School of Law

522 F. Supp. 484 · District Court, D. Massachusetts · Sep 11, 1981

But, in so doing, the board sought to establish clearly that Meehan’s relationship with NESL would terminate at the end of the 1974-1975 academic year; hence, McCormack and Gillis’ insistence on the provision relating to … Meehan also complains that she had impressive credentials and that male faculty members no more qualified and some less qualified than she were awarded tenure.

Silverman v. Laird

339 F. Supp. 876 · District Court, D. Massachusetts · Mar 15, 1972

In my opinion, the foregoing clearly depicts a person who is politically motivated toward an end to the war in Vietnam. … Captain Silverman’s views are essentially political and sociological and tend to establish him as a ‘selective’ objector — failing to conclusively establish his opposition to all wars.”

Adoption of Kimberly

414 Mass. 526 · Massachusetts Supreme Judicial Court · Mar 9, 1993

The judge’s findings must be left undisturbed absent a showing that they are clearly erroneous. Care & Protection of Martha, supra. … L. c. 210, § 3, proceedings, the investigator was deceased. 24 General Laws c. 119, § 24 (1990 ed.), states in pertinent part: “Upon the issuance of the precept and order of notice the court shall appoint a person qualified

City of Westfield v. Harris & Associates Painting, Inc.

567 F. Supp. 2d 252 · District Court, D. Massachusetts · Jul 24, 2008

corporate powers, nor to put into the hands of those, with whom they may contract in reliance upon the contractual protection given by the statute, a weapon of substantial defense, which might in conceivable cases amount to immunity … Clearly, the mere existence of a registration requirement in the bidding context thus provides no foundation for completely invalidating the parties’ agreement.

Commonwealth v. Newberry

Massachusetts Supreme Judicial Court · Sep 18, 2019

Indeed, in 2018, in conjunction with the removal of any age restriction, and the addition of the three new pretrial diversion programs established by the criminal justice reform act, a fourth occurrence of the phrase … Thus, clearly, had the Legislature wished pretrial diversion for ordinary adult offenders to begin "prior" to arraignment, it could have used similar language; it chose not to do so. See Commonwealth v.

Chan v. Baker

District Court, D. Massachusetts · Sep 15, 2021

“A state may waive immunity from suit [or] Congress may abrogate a state’s immunity . . . . [b]ut absent waiver or valid abrogation, federal courts may not entertain a private person’s suit against a State.” … Even as alleged, where the MBTA eliminated Chan’s position altogether when it reorganized the department, and Chan has not alleged the MBTA filled his position with a similarly qualified individual, Chan’s prima facie case

A.J. Rinella & Co. v. Bartlett (In Re Bartlett)

367 B.R. 21 · United States Bankruptcy Court, D. Massachusetts · Apr 12, 2007

Thus, say the Debtors, they have paid some or all of the invoices upon which Rinella relies to establish its debt. … And, having failed to establish a trust, Rinella has no basis upon which to establish the fiduciary relationship necessary to establish the nondis-chargeability of its claim under § 523(a)(4) of the Bankruptcy Code.

Adoption of Arnold

50 Mass. App. Ct. 743 · Massachusetts Appeals Court · Jan 25, 2001

The father next contends that six of the judge’s subsidiary findings are clearly erroneous because they are not supported by the evidence. … For it is not sufficient to establish a probability, though a *755 strong one arising from the doctrine of chances, that the fact charged is more likely to be true than the contrary; but the evidence must establish the truth

Commonwealth v. Downey

78 Mass. App. Ct. 224 · Massachusetts Appeals Court · Nov 8, 2010

“In claiming that his Sixth Amendment right to a public trial was violated, ‘[t]he burden is clearly on the defendant to demonstrate that the public was excluded from his trial.’ ” Commonwealth v. … The defendant has satisfied his burden of establishing that the courtroom was closed during jury voir dire.

Pacella v. Tufts University School of Dental Medicine

66 F. Supp. 2d 234 · District Court, D. Massachusetts · Sep 24, 1999

. § 794 (a), states that “[n]o otherwise qualified individual with a disability in the United States ... shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, … Myopia is “the medical term for nearsightedness, a visual defect in which distant objects cannot be seen clearly.” Id. 3 .

Ziviak v. United States

411 F. Supp. 416 · District Court, D. Massachusetts · Mar 5, 1976

“gratuitous” does not totally immunize the Act from scrutiny under the Fifth Amendment. … With this in mind, the stated purpose of the bill is more clearly-understood.

Rosenberg v. Main Street Community Bancorp, Inc.

6 Mass. L. Rptr. 611 · Massachusetts Superior Court · Jan 24, 1997

Once the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts establishing the existence of a genuine issue of material fact. Pederson v. … It is true that walking would qualify as a major life activity under ch. 15IB. See Lowe v. Angelo’s Italian Foods, 87 F.3d 1170, 1173 (10th Cir. 1996).

Commonwealth v. Melo

95 Mass. App. Ct. 257 · Massachusetts Appeals Court · May 8, 2019

The defendant concedes that "four of the five elements of the offense were established." However, he argues that the Commonwealth failed to prove the fourth element. … A judge's failure to make findings required by rule 30 (b) is 'not fatal . . . where the ultimate conclusion is clearly evident from the record,' Commonwealth v.

Pollard v. Panora

411 F. Supp. 580 · District Court, D. Massachusetts · Mar 25, 1976

Clearly, if a civil defendant refuses to answer to a civil complaint the remedy is the entrance of a default against him. … Plaintiffs concede that, ordinarily, defendants would be immune from monetary liability absent subjective malice since they were acting in their official capacities.

Commonwealth v. Parker

56 Mass. 212 · Massachusetts Supreme Judicial Court · Oct 15, 1848

A brief reference to a few leading authorities will clearly show, that this rule, if it ever existed, has been much qualified. The rule, as stated by Parker, C. J., in the case of The Queen v. … , by independent evidence, strong corroborating circumstances, of such a character as clearly to turn the scale and overcome the *224 oath of the defendant and the legal presumption of his innocence.

LaClair v. Silberline Manufacturing Co., Inc.

379 Mass. 21 · Massachusetts Supreme Judicial Court · Aug 21, 1979

That Lewis’s failure to obtain workmen’s compensation coverage occurred while he was performing corporate business would not, of course, immunize him personally from liability to the plaintiff. Jet Spray Cooler, Inc. v. … Massachusetts § 348 (2d ed. 1966). 13 Although Roy was prepared to offer the opinion that the explosion was caused by the ignition of a cloud of *33 aluminum powder suspended between the decedent and the floor, Roy himself clearly

Commonwealth v. Watson

113 N.E.3d 374 · Massachusetts Appeals Court · Oct 17, 2018

L. c. 209A order not only must be aware of the order's existence but also must have "clearly and intentionally disobeyed that order in circumstances in which he was able to obey it." … In light of the holding in McEvoy, we similarly do not decide whether notice qualifies as an "element" here.  14 Finally, the defendant raises a related

Jancey v. School Committee

421 Mass. 482 · Massachusetts Supreme Judicial Court · Dec 12, 1995

Immunity from suit. … Municipal employees can clearly sue their employer under the provisions of MEPA. At the time the original MEPA was enacted, the Legislature added the following definitions to G.

Green v. Harvard Vanguard Medical Associates, Inc.

79 Mass. App. Ct. 1 · Massachusetts Appeals Court · Mar 3, 2011

Ct. 98, 100 (1983) (“It is well established that a material breach by one party excuses the other party from further performance under the contract”). … Green’s complaint to the human resources department about Walsh’s conduct — a “complaint” about allegedly racially discriminatory conduct by a supervisor — is clearly protected activity. See Clifton v.

Rosing v. Teachers' Retirement System

458 Mass. 283 · Massachusetts Supreme Judicial Court · Nov 12, 2010

department of education . . . and who was previously engaged in teaching pupils in any non-public school in the commonwealth, if the tuition of all such pupils taught was financed in part or in full by the commonwealth may . . . establish … Clearly, where the Legislature wanted to include a reference to payments by the Federal government, it has so provided. See Roberts v.