Case law

Axelrod v. Phillips Academy, Andover

46 F. Supp. 2d 72 · District Court, D. Massachusetts · Apr 12, 1999

He is clearly a talented student in some courses and some formats.... … Otherwise Qualified The Court finds, however, that, even with reasonable accommodations, ' Nicholas is not otherwise qualified to continue at Phillips Academy.

Macy's East, Inc. v. Commissioner of Revenue

441 Mass. 797 · Massachusetts Supreme Judicial Court · May 27, 2004

Blinder, 336 Mass. 698, 703 (1958) (“an exemption [is] . . . to be recognized only where the property falls clearly and unmistakably within the express words of a legislative command”). … c. 63, § 30 (4) and § 30 (5), and that the regulation’s “denial of the deductions at issue is consistent with the complete body of Massachusetts tax law, namely the statutes and cases interpreting those statutes, which establishes

Matsushita Electric Corp. of America v. Sonus Corp.

362 Mass. 246 · Massachusetts Supreme Judicial Court · Jun 28, 1972

This difference was described quite clearly in Moss v. … The judge found that the witness was “unquestionably well qualified technically,” and “extremely well qualified academically,” but he did not permit the witness to express any opinion on the sales prospects of the Sonuswitch

Bradford & Bigelow, Inc. v. Commonwealth

24 Mass. App. Ct. 349 · Massachusetts Appeals Court · Jun 22, 1987

This point was not very clearly argued in the defendant’s briefs but their motions for a new trial were based in part on the ground that damages were excessive. 6. … Under c. 5, § 1, contracts for State printing “shall be given to such establishments only as pay the prevailing rate of wages, based on wage rates and working hours that have been established by collective bargaining agreement

Branch v. Federal Deposit Insurance

833 F. Supp. 56 · District Court, D. Massachusetts · Sep 10, 1993

receivership’s assets, the law has also traditionally demanded a correspondingly greater punctiliousness from claimants asserting federal tort claims under the FTCA since such claims are litigated in the shadow of sovereign immunity … Therefore, in consideration of FIR-REA’s policy objectives and by comparison to analogous eases under the FTCA, and in light of “the established rule of statutory construction that enactments limiting federal court jurisdiction

Glass Dimensions, Inc. v. State Street Bank & Trust Co.

285 F.R.D. 169 · District Court, D. Massachusetts · Aug 22, 2012

The record clearly demonstrates that the structure of the fee split was common across all of the lending funds. Accordingly, Plaintiff has presented sufficient common issues to meet the commonality prong of Rule 23(a). … As discussed above, Plaintiff presents the same claims as the rest of the proposed class, and is not subject to any unique defense. 79 Plaintiffs chosen counsel is qualified, experienced, and able to vigorously conduct the

Dole v. New England Mutual Marine Ins.

7 F. Cas. 837 · U.S. Circuit Court for the District of Massachusetts · Oct 15, 1864

commission issued by a de facto government, as shown in the agreed statement, were not the acts of pirates, as assumed by the plaintiffs, but were the acts of persons having under the law of nations certain limited and qualified … , or in other words, the pirate is “justiciable everywhere;” and the learned commentator remarks, that the detestable occupation of the pirate has made him hostis humnni generis, and that he cannot upon any ground claim immunity

Oakes v. Munroe

8 Mass. 282 · Massachusetts Supreme Judicial Court · Oct 15, 1851

When it is used in a statute, it is to be taken and understood in its legal and technical sense, with all the qualities and incidents which the law regards as essential to it, unless it is qualified by express enactment. … Among the indispensable requisites at common law of a notice to quit, it is clearly established, that it must indicate to the tenant, with sufficient certainty, that he is to quit the premises at a certain fixed period, and

Omosefunmi v. ATTORNEY GENERAL OF COM. OF MASS.

152 F. Supp. 2d 42 · District Court, D. Massachusetts · May 31, 2001

Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), qualifies as clearly established law as determined by the Supreme Court. See Phoenix v. Matesanz, 233 F.3d 77, 81 (1st Cir.2000) (quoting Williams v. … The SJC’s decision was neither “contrary to” or an “unreasonable application” of clearly established federal law as determined by the Supreme Court.

GTE Products Corp. v. Broadway Electrical Supply Co.

42 Mass. App. Ct. 293 · Massachusetts Appeals Court · Mar 6, 1997

the negotiations as the would-be buyer and end user of most of the lightbulbs the plaintiff was to supply — was not a valid corporate entity or business but was purely a creation of the defendants to be used by them to qualify … As suggested in that case, we have examined the judge’s memorandum with closer than usual scrutiny but can find therein no clearly erroneous findings of fact or flawed rulings of law.

Johansson v. Massachusetts Department of Correction

28 Mass. L. Rptr. 191 · Massachusetts Superior Court · Mar 31, 2011

Furthermore, the Full Commission concluded that: (1) Johansson failed to establish a prima facie case of handicapped discrimination under G.L.c. 15 IB, §4(16) because she was not a qualified handicapped person; and (2) she … The position at the Central Office, unlike the position at MCI-Concord, is clearly more clerical in nature as the employee works with the Commissioner and the Department heads, not inmates.

Reilly v. Local 589, Amalgamated Transit Union

31 Mass. App. Ct. 633 · Massachusetts Appeals Court · Dec 9, 1991

On September 7, 1972, by letter, the MBTA requested that Reilly report to the MBTA’s doctor for a physical examination to determine if he was qualified “to return to work as a [cjollector.” … Myers, supra at 138 (“A finding concerning loches, based upon oral evidence, however, will not be disturbed unless clearly erroneous”). Reilly next argues apportionment is barred by the MBTA’s “unclean hands.”

Celester v. Rodriguez

District Court, D. Massachusetts · Oct 24, 2023

Against the backdrop of the foregoing cases, the Appeals Court’s decision does not constitute an unreasonable application of clearly established Supreme Court precedent. … For this reason, it simply cannot be held that the Appeals Court unreasonably applied clearly established Supreme Court law.

McAvoy v. Shufrin

401 Mass. 593 · Massachusetts Supreme Judicial Court · Jan 27, 1988

These general standards of review are qualified somewhat in a defamation case. … We cannot say that the judge’s findings were clearly erroneous. See Mass. R. Civ. P. 52 (a), 364 Mass. 816 (1974).

Nuzzo v. Northwest Airlines, Inc.

887 F. Supp. 28 · District Court, D. Massachusetts · May 23, 1995

Instead, the nonmoving party must adduce specific, provable facts which establish that there is a triable issue. Id. … At least with respect to the Fourth Amendment, the Court’s reasoning was sweeping: in the Court’s view, the origin and history of the Fourth Amendment “clearly show[ed] that it was intended as a restraint upon the activities

Hines v. Hervey

District Court, D. Massachusetts · Mar 26, 2018

sources of information, and (ii) those facts suffice to establish the affirmative defense with certitude.” … Hines clearly states that he asserts claims against the City Defendants in their official capacities only. (Docket #2 at ¶¶ 4-6).

United States v. Turner

793 F. Supp. 2d 495 · District Court, D. Massachusetts · Jun 28, 2011

. § 2255 claiming that (1) he received ineffective assistance of counsel during his criminal trial, and (2) he does not qualify for enhanced sentencing under the Armed Career Criminal Act (“ACCA”). 28 U.S.C. § 2255 (a). … If his argument is credited, his total number of predicate convictions would be reduced to two, and he would no longer qualify as an Armed Career Criminal. See 18 U.S.C. § 924 (e)(1).

Inhabitants of Monson v. Inhabitants of Palmer

90 Mass. 551 · Massachusetts Supreme Judicial Court · Sep 15, 1864

construed as expressive of his intention in leaving Becket, or coming to Palmer, or of his purpose to regard one or the other as his fixed place of residence, and it was a declaration accompanying an act which it explained or qualified … The whole subject is very clearly and fully discussed by Mr.

Massie v. Medeiros

District Court, D. Massachusetts · Mar 11, 2021

The Court will assume without deciding that Lane is clearly established federal law. See Hernandez, 234 F. Supp. 3d at 326 (assuming that Lane is clearly established); Mendez, 2020 U.S. Dist. … will assume without deciding that Zafiro is clearly established federal law on this issue.

Monahan Corp. N v. v. Whitty

319 F. Supp. 2d 227 · District Court, D. Massachusetts · Jun 1, 2004

They later say that they are entitled to the same relief under Rule 11 on even a lesser showing — i.e., they do not even have to establish bad faith. Defendants’ Memorandum, p. 16-17. … That, in turn, represents a waiver of sovereign immunity to the extent that such fees are extracted from the public fisc. That, of course, presents special concerns.