Case law

Guaranteed Builders & Developers, Inc. v. Bylinski

29 Mass. L. Rptr. 377 · Massachusetts Superior Court · Feb 2, 2012

A 1967 recorded plan by WLT established the northerly boundary of 103 Shore Road. Lot 71 in the recorded plan in 1967 established what 103 Shore Road is today. … This letter did not explicitly state that the property of 103 Shore Road was exempt from town zoning by-laws, but the letter implied that 103 Shore Road might qualify for grandfathering. 103 Shore Road is in fact not eligible

Rawston v. Commissioner of Public Welfare

412 Mass. 778 · Massachusetts Supreme Judicial Court · Jun 9, 1992

The regulations make clear that the fact that the applicant relative lives with the children is not enough to qualify the relative for aid unless the relative also assumes responsibility for the children’s care as is appropriate … Both the Federal and State temporary absence provisions very clearly envision situations in which (1) the grantee relative and the children were physically present in their shared residence; (2) that residence was a home,

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 . . .

Daniels v. Dunlap

17 Mass. L. Rptr. 154 · Massachusetts Superior Court · Dec 29, 2003

In medical malpractice cases, however, application of the discoveiy rule establishes that the cause of action does not accrue until the plaintiff knows, or should have known, that she had been “harmed by the defendant’s conduct … Lipke claimed prejudice from the delay and argued that allowing the motion would be futile because her status as a public employee entitled her to qualified immunity. Initially, this court (Gants, J.) addressed Dr.

Niles v. Huntington Controls, Inc.

Massachusetts Appeals Court · Jul 31, 2017

The June 11, 2008, opinion letter, discussed infra, states that duties such as "maintaining inventory" and "customer contacts" are "clearly not prevailing wage work." … Establishing a job classification and pay rate for an HVAC technician.

Weichel v. Walsh

District Court, D. Massachusetts · Mar 18, 2025

motions to dismiss for statute of limitations grounds and based on qualified immunity, except that the court granted dismissal on qualified immunity grounds as to the claim for failure to intervene. … None of these cases sheds any light on whether Boston may be deemed to have established a policy here.

BASF Corp. v. Sublime Restorations, Inc.

880 F. Supp. 2d 205 · District Court, D. Massachusetts · Jul 26, 2012

Based on his knowledge, skill, experience and training, Miller qualifies as an expert witness. … Plaintiff, however, fails to establish the amount of the contract fulfillment consideration payment as a matter of law.

Dunn v. Attorney General

474 Mass. 675 · Massachusetts Supreme Judicial Court · Jul 6, 2016

arm" as "the land, building, support facilities, and other equipment that are wholly or partially used for the commercial production of animals or animal products used for food; and does not include live animal markets or establishments … the measure proposed in petition 15-11 "is in proper form for submission to the people; that the measure is not, either affirmatively or negatively, substantially the same as any measure which has been qualified

Commonwealth v. Barbosa

77 Mass. App. Ct. 340 · Massachusetts Appeals Court · Aug 11, 2010

He also challenges the Commonwealth’s reliance on drug analysis certificates for the marijuana and the ballistics certificate for the revolver, invoking the principles established in Melendez-Diaz v. … Also available to the jury was a photograph showing the revolver lying next to a ruler with inch divisions that are clearly readable.

Sylvia's Haven, Inc. v. Massachusetts Development Finance Agency

397 F. Supp. 2d 202 · District Court, D. Massachusetts · Oct 26, 2005

Section 1983 provides a remedy only for the -deprivation of “rights, privileges, or immunities secured by the Constitution and laws” of the United States. … The plaintiff asserts that nevertheless it cannot be said under the motion to dismiss standard that it will not be able to establish them.

Wade v. Clayton

District Court, D. Massachusetts · Jan 26, 2018

They were prepared “because of existing litigation” and, thus, qualify as work-product. … Finally, the defendants have not established a substantial need for the documents. The deposition of Mr.

Real Estate Bar Ass'n for Massachusetts, Inc. v. National Real Estate Information Services

609 F. Supp. 2d 135 · District Court, D. Massachusetts · Apr 13, 2009

evenhandedly,” the court conducts the “Pike balancing test.” 72 According to the Pike balancing test, if the burden on interstate commerce is incidental, the state law “will be upheld unless the burden imposed on such commerce is clearly … As explained below, REBA’s argument would fail even under the second tier of *146 the Dormant Commerce Clause analysis because the burden on interstate commerce would be "clearly excessive in relation to the putative local

Sassine v. Fidelity Management & Research Co.

31 Mass. L. Rptr. 584 · Massachusetts Superior Court · Oct 22, 2013

The elements of a prima facie case are that the plaintiff was over forty years of age, he performed his job at an acceptable level, he was terminated, and he was replaced by a similarly or less qualified younger person. … Whether conduct violates a clearly established and well-defined important public policy is a question of law. Smith-Pfeffer v. Superintendent of the Walter E. Fernald State Sch., 404 Mass. 145, 151 (1989); Mercado v.

In Re Simon

179 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · Mar 16, 1995

However, if the Trust could qualify as a debtor under Medallion, it could not maintain its status as a debtor in this case, pursuant to 11 U.S.C. § 302 . … Therefore, were the Trust itself to qualify as a debtor under Medallion, the Simon and Trust estates would be impermissibly joined.

Sullivan v. United States

113 F. Supp. 749 · District Court, D. Massachusetts · Jul 20, 1953

Their purpose is clearly to define the time within which certain preliminary action must be taken and thereafter the time within which an action must be commenced to recover a claimed tax refund. … The argument against the allowance is that the bequest to the church under clause 29 of decedent’s will does not qualify as a charitable bequest under § 812 (d) since it was conditional and not definitely ascertainable at

Leasecomm Corp. v. Crockett

1998 Mass. App. Div. 6 · Massachusetts District Court, Appellate Division · Jan 13, 1998

Clearly, it could not be ruled that a guarantor is never a party to the principal contract or lease which is guaranteed. See, e.g., Chelsea Indus., Inc. v. Florence, 358 Mass. 50 , 55 n. 7 (1970). … find mention of such factors as simultaneity of execution, identity of subject matter and parties, cross referencing, and interdependency of provisions, [citation omitted] By these indicators, two documents ... can ... qualify

Duguay v. Spencer

765 F. Supp. 2d 90 · District Court, D. Massachusetts · Feb 22, 2011

In Massachusetts, however, polygraph evidence is generally inadmissible unless the reliability of the theory underlying polygraph testing is established by proof in a given case that a qualified tester who conducted the test … Johnson, testified that he had conducted over 5,000 polygraph examinations and that he was qualified as a polygraph expert in a large number of courts.

Bradley v. City of Lynn

443 F. Supp. 2d 145 · District Court, D. Massachusetts · Aug 8, 2006

City of Providence Fire Dep’t, 766 F.2d 650 , 656-57 (1st Cir.1985) (finding aggregation across years clearly erroneous where examinations were sufficiently different). … Landy states that the “scientific literature clearly illustrates the efficacy of such an approach” (Ex. 1, at 71-74), and Dr.

City of Springfield v. Comcast Cable Communications, Inc.

670 F. Supp. 2d 100 · District Court, D. Massachusetts · Nov 17, 2009

This is neither a complex case nor one in which an official immunity is asserted. … At any rate, there clearly exists, at a minimum, a disputed issue of material fact as to the adequacy of Defendants' alleged proof of payment. Fed. R.Civ.P. 56(c).

Secretary of Environmental Affairs v. Massachusetts Port Authority

366 Mass. 755 · Massachusetts Supreme Judicial Court · Feb 5, 1975

. *763 Massport’s principal argument is that the judge misinterpreted EOEA Reg. 13. 3 It is argued that the landfill operations, the dike and drain construction, and the surcharging qualify under the phrase “undertaken a … In our opinion the judge’s findings were not clearly erroneous. 1. Effect of the Letter of the Secretary of Environmental Affairs.