Case law

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.

Commonwealth v. Aponte

391 Mass. 494 · Massachusetts Supreme Judicial Court · Mar 19, 1984

Michael Malee, was qualified in statistical analysis in the social sciences. Although *499 Dr. … The judge found that a key man system was also utilized in Lawrence, Peabody, and Gloucester. 18 *506 Evidence of selection procedures in Lawrence, Peabody, and Gloucester, together with Saugus and Lynnfield, clearly established

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.

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.

Commonwealth v. Sherman

294 Mass. 379 · Massachusetts Supreme Judicial Court · May 25, 1936

Cero, and other cases, an established practice to find out what the *382 personnel, make-up of the prospective jurors were,” and denied the motion, and the defendant excepted. … Indeed the motion recites that they “had been duly qualified pursuant to the provisions of General Laws, Chapter 234, section 4, Tercentenary Edition.”

Commonwealth v. DiBenedetto

475 Mass. 429 · Massachusetts Supreme Judicial Court · Sep 8, 2016

We added that the Commonwealth also might seek to challenge whether the DNA evidence qualified as newly discovered evidence. … Storella had been granted immunity from prosecution, including prosecution for murder, in exchange for his "truthful" testimony against the other three. DiBenedetto III, supra.

Devaney v. Hall

509 F. Supp. 497 · District Court, D. Massachusetts · Mar 12, 1981

To state a valid claim, it must be alleged that the inmate’s requests were denied for reasons not having to do with institutional security or correctional goals, and that the prison officials, in ruling as they did, clearly … good faith immunity from monetary damages.

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

United States v. Lileikis

929 F. Supp. 31 · District Court, D. Massachusetts · May 24, 1996

However, Lileikis’s activities so clearly constitute “personal participation” in persecution that the semantical contours of the word “personal” as used in the RRA are irrelevant to his case. … Statements in a document in existence twenty years or more the authenticity of which is established. Fed.R.Evid. 803(16). 11 .

United States v. Griglio

334 F. Supp. 1283 · District Court, D. Massachusetts · Dec 9, 1971

On that date, the Board also had information sufficient to conclude that three of the first sixteen called on September 12 would not be available to report, two having qualified for l-S(C) deferments and a third having enlisted … Instead, the evidence established clearly that Local Board No. 83 operated in good faith and endeavored to apply controlling regulations impartially and to the best of its understanding.

Paulding v. Board of Appeals on Motor Vehicle Liability Policies & Bonds

31 Mass. L. Rptr. 669 · Massachusetts Superior Court · Dec 13, 2013

As was noted by the same court, “(assignment to a program without such an admission is not clearly within the statutory language” of M.G.L.A. 90, §24(c)(3 3/4). Murphy, id. at 321, ih.5. … Hence, there was only proof before the Board that Paulding had three convictions and one prior qualifying event.

Proprietors of Mount Hope Cemetery v. City of Boston

158 Mass. 509 · Massachusetts Supreme Judicial Court · Apr 3, 1893

This exemption was not limited to tombs and rights of burial in private soil, but clearly included rights possessed by individuals in the public or common burying grounds. … It clearly was not so. It was said to be subject to the police power, like other cemetery corporations. Commonwealth v. Fahey, 5 Cush. 408 .

Commonwealth v. Jacobson

19 Mass. App. Ct. 666 · Massachusetts Appeals Court · Apr 22, 1985

All of these circumstances were the subjects of testimony by the two troopers who qualified as experts in the investigation of arson. … The standard for review is the one established in Commonwealth v. Freeman, 352 Mass. at 564 .

Gloucester

1 Rep. Cont. El. 207 · Massachusetts House of Representatives · Jul 1, 1817

The committee also further report, that the town of Gloucester contains six parishes, and between 900 and 1000 qualified voters for representatives; that the harbor parish, in which the meeting was held, contains about one … open the meeting at 9 o’clock, and close the poll in the forenoon, or before the usual hour of dinner; and it was stated, that they had made some arrangements in their lists of voters, (though what they were, did not very clearly

Equal Employment Opportunity Commission v. Tufts Institution of Learning

421 F. Supp. 152 · District Court, D. Massachusetts · Jul 28, 1975

That reputation had been established by numerous complaints that reached upward to the highest level of academic authority. … There was evidence before the subcommittee that White was qualified for promotion, and evidence that she was not. It is not for the court to evaluate White’s qualifications for promotion.

Hicks v. MassDOT

District Court, D. Massachusetts · Jan 5, 2021

This court subsequently granted Plaintiff’s motion for leave to procced in forma pauperis, but ordered Plaintiff to “clearly set[] out his claims” and “identify the alleged misconduct that constitutes the discrimination … Moreover, even if Plaintiff could bring an employment discrimination claim under Title II, Plaintiff still could not overcome the sovereign immunity problem. In Tennessee v.

Rodriguez v. Russo

495 F. Supp. 2d 158 · District Court, D. Massachusetts · Jul 5, 2007

application of ... clearly established Federal law.’ ” Id. at 407-08 , 120 S.Ct. 1495 . … As I shall explain, the SJC’s decision was neither contrary to, nor an unreasonable application of, clearly established federal law as determined by the Supreme Court. See 28 U.S.C. § 2254 (d).

Chandler v. County Commissioners

437 Mass. 430 · Massachusetts Supreme Judicial Court · Aug 7, 2002

In so doing, we need not decide whether land taken in order to connect an existing public way to the ocean may qualify as a taking under G. … The plaintiffs claim, *434 and the commissioners do not dispute, that roughly one-third to one-half of the total area of the land taken is laid out on beach sand seaward of a clearly delineated coastal bank, subject to the

Samuel v. Tullish

District Court, D. Massachusetts · Jul 28, 2022

“It is well-established that ‘only those individuals who participated in the conduct that deprived the plaintiff of his rights can be held liable.’” Velez-Rivera v. … Commonwealth defendants sued in their official capacities are immune from suit under the Eleventh Amendment. See Caisse v.

SARA CLINE & Others v. PLANNING BOARD OF FRAMINGHAM & Others

Massachusetts Appeals Court · Oct 16, 2025

Ct. 376, 381 (2006) ("direct abutter" and "abutter to an abutter within 300 feet of the subject property" presumptively qualify as "persons aggrieved"). … Here, a "detailed record" of the board's proceedings "clearly" set forth "the reason for its decision" and evinced a careful examination of the compatibility of the project with the requirements of the zoning bylaws as well