Case law

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).

Commissioner of Banks v. Chase Securities Corp.

298 Mass. 285 · Massachusetts Supreme Judicial Court · Sep 18, 1937

The sale of securities act clearly does not apply to a sale of stock of the bank considered independently. G. L. (Ter. Ed.) c. 110A, § 3 (g). … Clearly the defendant by the transaction came under some liability to the trust company.

Thinking MacHines Corp. v. New Mexico Taxation & Revenue Department

211 B.R. 426 · District Court, D. Massachusetts · Jul 22, 1997

Determining which sales of services qualify for this out-of-state exemption is by no means a simple proposition. … This Court holds that the Bankruptcy Court’s adoption of this model was clearly erroneous.

Massachusetts v. E Trade Access, Inc.

464 F. Supp. 2d 52 · District Court, D. Massachusetts · Feb 21, 2006

In sum, relevant regulations and guidelines issued by the DOJ and the Access Board seem clearly to establish that built-in ATMs are facilities covered by the new construction mandate. … New York University, 1997 WL 249970 (S.D.N.Y.1997)(identifying qualified sign language interpreters); Mayberry v. Von Valtier, 843 F.Supp. 1160 (E.D.Mich.1994)(identifying interpreter for deaf patient); Bunjer v.

Going v. Emery

33 Mass. 107 · Massachusetts Supreme Judicial Court · Oct 15, 1834

Here the terms, the “ last above specified property ” clearly designate the residue of his real and personal property There is no devise over; and a clear intent is expressed not to die intestate. … It is quite manifest, from the whole tenor of the will, and the particular terms qualifying the gift, that it was given to Messrs. Todd and others, not foi their own use, but in trust for others.

Commonwealth v. Morris

82 Mass. App. Ct. 427 · Massachusetts Appeals Court · Sep 14, 2012

It was only on cross-examination that she clearly said she discussed with Lahlali the defendant’s actions “[a]t least twice,” and “definitely more than once.” … Thus, with this one exception, “[t]he challenged testimony, if credible, established] the defendant’s pattern of disrespect and *442 hostility toward the victim that continued until the day he [raped] her.”

S.S. ex rel. S.Y. v. City of Springfield

318 F.R.D. 210 · District Court, D. Massachusetts · Dec 16, 2016

The FAPE requirement “establishes a basic floor of education.” Id. … In addition, counsel for the class must also demonstrate they are qualified and capable of representing the class. Fed. R. Civ. P. 23(g).

Seaboard Surety Co. v. Town of Greenfield Ex Rel. Greenfield Middle School Building Committee

266 F. Supp. 2d 189 · District Court, D. Massachusetts · Mar 7, 2003

To defeat a properly supported motion for summary judgment, “the non-moving party must establish a trial-worthy issue by presenting enough competent evidence to enable a finding favorable to the non-moving party.” … Under the Bond, Greenfield was clearly required to let Seaboard attempt to complete the Project, regardless of any questions it may have had about the surety’s time frame for completion.

Commonwealth v. Conley

43 Mass. App. Ct. 385 · Massachusetts Appeals Court · Aug 20, 1997

That the decision not to file the motion for a forensic examination of the knife could be characterized as a trial tactic does not, for that reason, render the decision immune from scrutiny. Commonwealth v. … Had counsel established that it was not the defendant on the intercepted tape, he would probably have been acquitted.

City of Springfield v. Lan Tamers, Inc. (In Re Lan Tamers, Inc.)

281 B.R. 782 · United States Bankruptcy Court, D. Massachusetts · Aug 16, 2002

On the contrary, the FCC regulation is clear that the applicant must enter into a service contract with a qualified service provider. Id. … Those amounts, clearly the Bank’s collateral, were paid to the Debtor in full by the City.

Coolidge v. Inhabitants of Brookline

114 Mass. 592 · Massachusetts Supreme Judicial Court · Jan 15, 1874

. *596 and that the town shall appear and be heard is clearly implied, by the provisions of Gen. Sts. c. 2, § 9. … An act establishing a town extending over a certain territory, brings within its jurisdiction all persons residing within its limits.

Diamond Group, Inc. v. Selective Distribution International, Inc.

84 Mass. App. Ct. 545 · Massachusetts Appeals Court · Nov 25, 2013

The defendant’s activity certainly cannot qualify as “an isolated (and minor) transaction with a Massachusetts resident.” 4 Tatro , 416 Mass, at 767. … Selective clearly knew that it was dealing with a Massachusetts business. See Burger King Corp. v. Rudzewicz, 471 U.S. 462, 480-481 (1985).

SMI Investors, Inc. v. Planning Board

18 Mass. App. Ct. 408 · Massachusetts Appeals Court · Jul 30, 1984

The record in the case before us makes clear that the plaintiff did not seek such a qualified endorsement and affirmatively sought multi-family dwellings as “the only way the investors would be able to recover their money … , a waiver application. “(3) Local regulations may be modified or waived, with respect to selected specifics, provided: — a written application is made, and; — the application fully described the locus . . . , describes clearly

Parker v. Town of North Brookfield

68 Mass. App. Ct. 235 · Massachusetts Appeals Court · Feb 15, 2007

L. c. 32B, § 10, or in the establishment of the conditions of her employment. … employment would encourage every at-will employee to opt for the insurance in order to guarantee continuing employment, thus substantially hampering the town’s ability to maintain at-will positions in its work force, a result clearly

Zisch v. Textron Defense Systems

5 Mass. L. Rptr. 231 · Massachusetts Superior Court · Apr 11, 1996

“If the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege *232 specific facts which would establish the existence of a genuine issue of material fact in order to … In addition, the plaintiff argues that he was not considered for a marketing position with Textron for which he was qualified. Textron did hire someone from outside the company for a marketing position.

Town of Middleborough v. Housing Appeals Committee

66 Mass. App. Ct. 39 · Massachusetts Appeals Court · Apr 11, 2006

But if the Federal or State government does not contribute something of value to the effort, there is nothing that qualifies as a government subsidy. … That the initial source of the funds may be considered a government agency with a statutory mandate does not by itself establish that the funds loaned are a government subsidy.

In re Kerlinsky

428 Mass. 656 · Massachusetts Supreme Judicial Court · Jan 14, 1999

“The simultaneous consideration of separate violations ... is an established part of the disciplinary system of this Commonwealth.” Matter of Saab, supra at 326 . … “(B) A lawyer who receives information clearly establishing that: “(1) His client has, in the course of representation, perpetrated a fraud upon a person or tribunal shall promptly call upon his client to rectify the same

Holbrook v. Holbrook

18 Mass. 248 · Massachusetts Supreme Judicial Court · Oct 15, 1822

The preamble of the act re cites the third article of the declaration of rights, in so far as it establishes an equality of immunities between the different denominations, and the first section pursues the declaration without … The use of the terms corporate and unincorporate in the second section clearly, to my mind, evinces, that the legislature was only providing for the same object which they had in view in the first.

National Merchandising Corp. v. Leyden

370 Mass. 425 · Massachusetts Supreme Judicial Court · Jun 9, 1976

All the testimony is reproduced in the record and it requires no studied reading to see that the judge’s findings, far from being “clearly erroneous,” as the defendants would have to establish for reversal (see Mass. R. … He absented himself from the trial and did not attempt to establish mitigation on these lines. 3.