Case law

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 .

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).

Cohen v. Elephant Rock Beach Club, Inc.

63 F. Supp. 3d 130 · District Court, D. Massachusetts · Dec 3, 2014

An express right to control the premises, conferred through • the mechanisms of ownership, leasehold, contract or adverse possession, clearly gives rise to a duty of care. See, e.g., Humphrey v. … Permitting the use of the defense in such circumstances “would expand the statutory immunity from negligence beyond that which the Legislature intended by granting such immunity whenever a landowner invites a group of people

Nguyen v. Shalala

936 F. Supp. 37 · District Court, D. Massachusetts · Aug 6, 1996

In evaluating Nguyen’s application for SSI benefits, the ALJ applied the familiar and well-established five-step process enumerated in 20 C.F.R. § 404.1520 . … Dr. dayman found that Nguyen suffers from post-traumatic stress disorder and dysthymia, which would qualify him for “listing level impairments” and Social Security benefits.

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

Loring Towers Associates v. Furtick

85 Mass. App. Ct. 142 · Massachusetts Appeals Court · Mar 27, 2014

Furtick’s sole source of income is his Social Security disability insurance benefits, an amount clearly insufficient to cover market-rate rent. … Furtick suffers from a suppressed immune system (stemming from a kidney transplant), schizophrenia, bipolar disorder, arthritis, and asthma.

Clymer v. Mayo

393 Mass. 754 · Massachusetts Supreme Judicial Court · Jan 28, 1985

The judge terminated Trust A upon finding that its purpose — to qualify the trust for an estate tax marital deduction — became impossible to achieve after the Mayos’ divorce. Mayo appeals this ruling. … L. c. 191, § 9, Mayo has no beneficial interest in the trust — clearly disposes of Mayo’s claim to Trust A. 5. Mayo’s Interest in Trust B.

Emery v. United States

153 F. Supp. 248 · District Court, D. Massachusetts · Jun 24, 1957

It is not disputed that to qualify under this language a release may be informal. Treas.Reg. 108, Sec. 86.2(b) (1943). … And this object will be frustrated if the taxpayer is denied an exemption merely because her lawyer did not clearly indicate what was the substance of the transactions which were effectuated in 1944 by the documents he had

Alvord v. Collin

37 Mass. 418 · Massachusetts Supreme Judicial Court · Sep 20, 1838

The tenants, to establish their title, must show that all the taxes were legally assessed, and that the land was sold for the payment thereof according to law. … And the general principle is well established, that, so far as the rights of third persons, or of the public, are concerned, his acts are valid.

Commonwealth v. Howard

81 Mass. App. Ct. 757 · Massachusetts Appeals Court · May 21, 2012

On October 7, 2003, the defendant filed a motion to dismiss the SDP proceedings, arguing that the Commonwealth was late in its filing of the qualified examiners’ reports and in petitioning for trial. … On appeal, five of the original guilty pleas were set aside because of deficiencies in the Commonwealth’s recitation of the evidence and admissions by the defendant that fell short of establishing indecent assault and battery

McDonald's Corp. v. Rappaport

532 F. Supp. 2d 264 · District Court, D. Massachusetts · Jan 28, 2008

Clearly, the IHOP restaurant is a replacement of the Ground Round Restaurant. … Among other things, the evidence clearly demonstrates that both Parties agreed to restrict the provision to fast food only.

Pellegrino

District Court, D. Massachusetts · Nov 17, 2025

Requests for Immunity (doc. nos. 214-217) In document nos. 214-217, Pellegrino asks the court to grant or recognize his immunity from civil action and from criminal liability with regard to … Pellegrino fails to explain why he is entitled to such immunity, and nothing in the record before the court suggests a basis for Pellegrino to be granted immunity of any kind with regard to this matter.

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 .

Hall v. Priest

72 Mass. 18 · Massachusetts Supreme Judicial Court · Mar 15, 1856

The words, “ dying without issue,” unless explained or qualified by other expressions, have acquired a distinct and well understood meaning, by a uniform series of decisions both in this country and in England. … This proviso cuts down the fee, and clearly creates an estate tail in each of his eight children in one ninth of his real estate, with cross remainders over in fee to the brothers and sisters, on the determination of the

Moriarty v. Sullivan

21 Mass. L. Rptr. 254 · Massachusetts Superior Court · May 16, 2006

MHC’s Motion to Dismiss Counts 24-29 of Moriarty’s Complaint The purpose of Mass.R.Civ.P. 12(b)(6) is to “permit prompt resolution of a case where the allegations in the complaint clearly demonstrate that the plaintiffs claim … Here, for the reasons established above, MHC did not owe a duty to Moriarty. See O’Connell, 37 Mass.App.Ct. at 419 .

Denny v. Westfield State College

669 F. Supp. 1146 · District Court, D. Massachusetts · May 12, 1987

Ash discusses the notion of “tainted variables” as follows: Subjective criteria, such as merit evaluation by the employer are clearly suspect, although if the plaintiff is willing to accept the employer’s evaluations as fair … of sex by paying wages- to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires

United States v. Cusick

817 F. Supp. 2d 1 · District Court, D. Massachusetts · Aug 11, 2011

the offense is “petty” and can obtain a jury trial “only if he can demonstrate that any additional statutory penalties, viewed in conjunction with the maximum authorized period of incarceration, are so severe that they clearly … In terms of incarceration, the charged offense qualifies as a Class B misdemeanor under § 3559. Section 19 requires more, however, to qualify an offense as a “petty offense.”

Nickerson v. Ribicoff

206 F. Supp. 232 · District Court, D. Massachusetts · Jun 5, 1962

The fact that a partnership was formed solely to enable plaintiff to qualify under the Social Security Act is permissible under the law and no criticism is intended because of the purpose of the agreement. … As gathered from a review of the record as a whole, the following facts may be taken as established and as not in dispute.

Great Northern Insurance v. McCollister's Moving & Storage, Inc.

190 F. Supp. 2d 91 · District Court, D. Massachusetts · Sep 11, 2001

Orboteeh clearly met the first requirement by making a claim on May 8, 1997. … GNIC seeks to avoid the Carmack Amendment by arguing that McCollister’s May 9, 1997, denial of its claim was nothing more than a qualified disallowance.

Gent v. Teradyne, Inc.

24 Mass. L. Rptr. 56 · Massachusetts Superior Court · May 8, 2008

His right being a qualified one, he fails if his petition and proof are insufficient to bring his case within the limitations of this common law right. … The Court also relied at least in part, however, on the failure to specify the records sought — a deficiency that is clearly not present here. Gavin, supra, 335 Mass. at 238 .