Case 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).

Loring v. Marsh

15 F. Cas. 905 · U.S. Circuit Court for the District of Massachusetts · Oct 15, 1865

Ives, 3 Gray, 370 . to overrule or qualify that doetrine. … By the terms of the *913 •«'ill the legacy to the father was limited to his life, but the devise over for the benefit of the poor is plainly and clearly expressed, All the parties were then living; and there is not a doubt

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.

Commonwealth v. Matranga

455 Mass. 45 · Massachusetts Supreme Judicial Court · Sep 28, 2009

CPCS was established in 1983 by G. … Plaud, was retained as an expert witness, rather than as a qualified examiner pursuant to G. L. c. 123 A, §§ 1 and 13.

Mayburg v. Heckler

574 F. Supp. 922 · District Court, D. Massachusetts · Nov 9, 1983

The propriety of defining a class so as to include persons who do not now but will in the future meet the requirements of the class definition is clearly established by precedent. E.g., Johnson v. … The Social Security Act should be broadly construed, so as to effectuate Congress’ intent to provide medical expense coverage for all qualifying individuals. Rodriguez v.

Lowell

39 Mass. 215 · Massachusetts Supreme Judicial Court · Jun 24, 1839

He who may dispose of the property absolutely, may qualify such disposition, as he pleases. … These cases establish the principle, that if the intention is manifested, the form- of words is not material, and that the court will infer the intent, from all the provisions and from the general purposes of the instrument

Cumberland Farms, Inc. v. Hills

4 Mass. L. Rptr. 53 · Massachusetts Superior Court · Jul 14, 1995

“If the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts which would establish the existence of a genuine issue of material fact in order to defeat … “It is clearly established that a party need not assert a counterclaim that has not matured at the time he served his pleading . . .

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).

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.

Shriver Nursing Services, Inc. v. Commissioner of the Division of Unemployment Assistance

82 Mass. App. Ct. 367 · Massachusetts Appeals Court · Aug 27, 2012

The review examiner determined that Shriver had failed to establish “deliberate misconduct which would allow it to terminate [Milinazzo’s] employment and disqualify her from benefits.” … That rationale would qualify for benefits even habitual sleepers and individuals derelict in the performance of duties important to the safety of others.

Lucien-Calixte v. David

District Court, D. Massachusetts · Aug 1, 2018

The complaint specifically alleges that (1) defendants deprived plaintiff of clearly established and well-settled constitutional rights while acting under color of law in violation … Here, the defendants rely on grand jury immunity and insufficient factual allegations in the complaint.

Faneuil Investors Group, Ltd. Partnership v. Board of Selectmen

75 Mass. App. Ct. 260 · Massachusetts Appeals Court · Sep 28, 2009

We do not think that the language of the reverter provision in the instant deed is ambiguous. 8 The deed clearly and simply states that “[t]he Town shall have the right to enter upon the Property and revest title back to … Both types of estates (determinable or qualified fee and deeds with a condition subsequent) are recognized and enforced in Massachusetts. See First Universalist Soc., supra at 175-176.

Petrucci v. Board of Appeals

45 Mass. App. Ct. 818 · Massachusetts Appeals Court · Nov 30, 1998

In 1995, he proposed to establish a child care facility in a barn located on his property. … The commissioner initially denied Petrucci’s application on his view that the proposed use “would result in the establishment of two principal] uses” on the property and was “not clearly accessory or incidental to a residential

Myers v. Hudson Iron Co.

150 Mass. 125 · Massachusetts Supreme Judicial Court · Nov 26, 1889

But if he failed to do so, and if after the completion of his work defects remained, the defendant was responsible, although it may have had reason to suppose him well qualified for his duty. Moynihan v. … This was all with reference to the plaintiffs’ contention that the efficiency of the leather upon the shoe-brake had become impaired by the effect of the steam upon it; and was clearly competent.

Mailman's Steam Carpet Cleaning Corp. v. Lizotte

415 Mass. 865 · Massachusetts Supreme Judicial Court · Jul 19, 1993

The contamination of Mailman’s property caused by leaks in the oil tanks was clearly the natural consequence of the breach of warranty. … The evidence established that, but for the oil contamination, the fair market value of the property would have been $125,000.

Beausoleil v. Massachusetts Bay Transportation Authority

138 F. Supp. 2d 189 · District Court, D. Massachusetts · Mar 30, 2001

Under Massachusetts law, it is a crime to be on railroad tracks except at an established crossing. … As discussed below, cases decided by the courts of the Commonwealth of Massachusetts confirm rather than qualify this conclusion.

Commonwealth v. Beauchamp

49 Mass. App. Ct. 591 · Massachusetts Appeals Court · Jul 10, 2000

The Commonwealth established at that first trial that the *593 victim had been shot five times at close range. … In a belated, conclusory, and insufficient manner, the defendant attempts to qualify for a narrow exception to this general rule, announced in Harrison v. United States, supra.

Wireless Specialty Apparatus Co. v. Mica Condenser Co.

239 Mass. 158 · Massachusetts Supreme Judicial Court · Jun 3, 1921

The three inventions first named were in the main those of the defendant McPherson — who was one of the six employees of the plaintiff hereinbefore referred to — “ qualified only by the •statement that the use of copal varnish … The principles- governing relationship between employer and employee, so far as property in inventions is involved — using that word in the sense in which it is used in the statutes relating to patents — are well established

State Mutual Life Assurance Co. of America v. Lumbermens Mutual Casualty Co.

874 F. Supp. 451 · District Court, D. Massachusetts · Jan 11, 1995

Oivned Property Exclusion The insurer argues that it had no duty to defend the action arising out of that occurrence because the allegations clearly fell within the scope of the “owned property” exclusion. … Thus, even if there is sufficient daily involvement in management decisions to qualify as an operator for CERCLA pur *458 poses, this may well be insufficient to establish “control.”

Bean v. NICE Systems, Inc.

District Court, D. Massachusetts · Apr 30, 2025

qualify as “New Business.” … Bean argues that temporal proximity alone establishes the required casual connection—though this argument is not clearly briefed in his opposition—“consistent objections voiced throughout the year,” Opp. at 5, are not sufficiently