Case law

Finegan v. Preferred Mutual Insurance

9 Mass. L. Rptr. 421 · Massachusetts Superior Court · Feb 3, 1999

The moving party must establish that no such issues exist. … McManus’ New Hampshire policy provides a limit of $100,000, which clearly exceeds New York’s minimum requirement.

Rashid

District Court, D. Massachusetts · Dec 19, 2025

The FSIA, which includes agencies and instrumentalities in the definition of a foreign sovereign, see 28 U.S.C. § 1603(a)–(b), establishes “‘a presumption of foreign sovereign immunity from the jurisdiction of the courts … Under § 1330(b) of the FSIA, federal courts “are empowered to exercise personal jurisdiction over a foreign sovereign when two conditions are met: (1) an exception from the jurisdictional immunity established by the FSIA

King v. Greenblatt

53 F. Supp. 2d 117 · District Court, D. Massachusetts · Jun 21, 1999

She notes the reaction of many residents who say it is much fairer to have a clearly established set of rules to understand and to follow. … They also receive a physical and mental assessment conducted by a qualified health professional upon entry to the MPU. 26 .

L.W.K. v. E.R.C.

432 Mass. 438 · Massachusetts Supreme Judicial Court · Sep 14, 2000

Prior to the father’s death, the mother brought a paternity action to establish him as her child’s father. … Importing such a requirement into the statute *451 would conflict with the overriding public policy clearly articulated by the Legislature we described earlier. In DuMont v.

Hall-Omar Baking Co. v. Commissioner of Labor & Industries

344 Mass. 695 · Massachusetts Supreme Judicial Court · Jul 5, 1962

The new and reassuring aspects of such itinerant selling, although clearly shown, do not mean that the business may not be specially regulated. … The bakery goods of Hall-Omar are made by an established concern whose success depends upon established custom. The employer determines the products to be sold and their ingredients, and, as we infer, the prices.

Plamondon v. Outcepts Management & Consulting, LLC

81 Mass. App. Ct. 845 · Massachusetts Appeals Court · Jun 11, 2012

No billboard may be erected or maintained unless it conforms to the rules and regulations established under G. L. c. 93, § 29. See 711 Code Mass. Regs. § 3.02(2)(a) (2010). … The judge credited Theresa Plamondon’s testimony that, while the old billboard was not visible from her house, the new billboard is clearly visible from her home and property.

Commonwealth v. Porter

462 Mass. 724 · Massachusetts Supreme Judicial Court · Jul 13, 2012

Thus, at the time of the defendant’s hearings, a person whose income was between $18,212.50 and $36,425 would have qualified. … Clearly the home in Revere is entirely available equity . . . .”

Andujar v. Nortel Networks, Inc.

400 F. Supp. 2d 306 · District Court, D. Massachusetts · Oct 28, 2005

Thus, there are factual disputes as to whether Andujar was qualified to be a work coordinator. … Therefore, according to Nortel, Andujar cannot establish that there was a vacant position, that she was qualified for the job, or that the position was otherwise filled. (Nortel Law Reply (Docket No. 59) at 30-31).

Salhab v. Middlesex County

2 Mass. L. Rptr. 35 · Massachusetts Superior Court · Mar 23, 1994

Count II alleges intentional infliction of emotional distress against defendants McGonigle, Brown and Holman. 7 , 8 To support a claim of intentional infliction of emotional distress, Salhab must establish the following: … Because this count alleges intentional and not negligent conduct by the defendant public employees, they are not immune from suit under G.L.c. 258, the Massachusetts Tort Claims Act. Breault v.

Isler v. Grondolsky

942 F. Supp. 2d 170 · District Court, D. Massachusetts · Mar 18, 2013

As the Court ruled: In sum, the Government is correct that to qualify as an “aggravated felony” under the INA, the conduct prohibited by state law must be punishable as a felony under federal law ... … An inmate may also establish a liberty interest by establishing that the government's actions "will inevitably affect the duration of his sentence” but that is not alleged in the instant case.

New England Merchants National Bank v. Frost

357 Mass. 158 · Massachusetts Supreme Judicial Court · Apr 3, 1970

Sometimes in this way it will clearly appear that the testator intended something that he has not expressly stated.” … The quoted words do not introduce a bequest to Clarence which is later qualified by terms of a trust (cf. the Dansereau case at page 364).

Barrett v. Fontbonne Academy

33 Mass. L. Rptr. 287 · Massachusetts Superior Court · Dec 16, 2015

The undisputed facts establish the employer’s motivation with unparalleled clarity. Fontbonne declined to hire a qualified food service employee because he was a spouse in a same-sex marriage. … That none of the other justices agreed with a view so clearly expressed to them strongly suggests that more is required.

Commonwealth v. Lopera

42 Mass. App. Ct. 133 · Massachusetts Appeals Court · Jan 30, 1997

On appeal, the defendant argues that Gonzalez’s statements did not qualify as declarations against penal interest because the Commonwealth failed to meet its burden of showing that Gonzalez was “unavailable” to be a witness … criminal liability ‘that a reasonable man in his position would not have made the statement unless he believed it to be true’; and [3] the statement, if offered to exculpate the accused, must be corroborated by circumstances clearly

Equal Employment Opportunity Commission v. Massachusetts

680 F. Supp. 455 · District Court, D. Massachusetts · Feb 23, 1988

Doubts may exist about the precise meaning of the established requirement of a “clear statement” of “Congressional intent” to preempt state law. See, e.g., Atascadero State Hospital v. … cert. denied, — U.S.-, 108 S.Ct. 229 , 98 L.Ed.2d 188 (1987), and authorities therein cited, I conclude that a decision on this question of “Congressional intent” will be precedent, that higher courts will not apply the “clearly

Care and Protection of Gaston

Massachusetts Appeals Court · Jan 16, 2026

The mother has not appealed from that decree. 5 The judge also entered a final judgment on the father's complaint to establish paternity. … The ICPC report also noted Gaston's diagnosis of developmental delays and that he qualified for an IEP but that the father did not believe that Gaston had any developmental delay.

Commonwealth v. Vargas

475 Mass. 338 · Massachusetts Supreme Judicial Court · Aug 30, 2016

We find no error with the instruction, which tracked the Model Jury Instructions on Homicide 55-56 (1999), and clearly and correctly conveyed the applicable law. … The defendant has not met his burden of establishing that the proposed testimony is newly available.

Cool Light Co., Inc. v. GTE Products Corp.

832 F. Supp. 449 · District Court, D. Massachusetts · Aug 12, 1993

Moreover, as the First Circuit added in that case, with respect to an argument in support of a claimed qualified immunity of a public official on the ground that constitutional protection for a property interest was not clearly … Were that not so, given the ingenuity of the bar, “qualified immunity” would become absolute in that it would become available in virtually any case argued by a creative lawyer. Id. at 268 .

White v. Kubotek Corp.

487 B.R. 1 · District Court, D. Massachusetts · Oct 2, 2012

Marshall, — U.S.-, 131 S.Ct. 2594 , 180 L.Ed.2d 475 (2011) removed the Bankruptcy Court’s statutory authority because the proceeding no longer qualifies as “core.” … In determining whether the Bankruptcy Court had jurisdiction to hear White’s claims, it has been established that the proceedings “arise in” a case under Title 11.

Wendy's Old Fashioned Hamburgers of New York, Inc. v. Board of Appeal

454 Mass. 374 · Massachusetts Supreme Judicial Court · Jul 24, 2009

General Laws c. 40A, § 15, states that a board “shall” make “a detailed record of its proceedings” setting forth “clearly the reason for its decision and of its official actions.” … As the judge also noted, the board’s decisions, set out in full in notes 13 and 15, supra, do not qualify as “reasons” within the meaning of G.

Tyco Healthcare Group LP v. Kimberly-Clark Corp.

463 F. Supp. 2d 127 · District Court, D. Massachusetts · Dec 6, 2006

Plaintiffs’ Motion for Preliminary Injunction To obtain a preliminary injunction, the moving party must establish “1) it is substantially likely to succeed on the merits of its claim; 2) absent the injunction there is ‘a … Overland, Inc., 692 F.2d 1250, 1255 (9th Cir.1982) ("Overland's employees are not qualified to testify as to what their customers are thinking when using the term 'Coke.' ”). 4 . I.P. Lund Trading ApS v.