Case law

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.

Grafton and Upton R. Co. v. Town of Milford

337 F. Supp. 2d 233 · District Court, D. Massachusetts · Feb 27, 2004

Congress originally enacted the Interstate Commerce Act (“ICA”) in 1887 to establish a statutory scheme for regulating the nation’s railroads. … In the context of railroad regulation, in the CSX Transportation case, supra, the District Court for the Northern District of Georgia explicitly granted jurisdiction to the STB and noted that it is “uniquely qualified to

Commonwealth v. Morrill

68 Mass. App. Ct. 812 · Massachusetts Appeals Court · May 1, 2007

“Conduct is not established as public merely because another person actually observes the conduct.” Ibid. … The court house basement, albeit a closer case, also qualifies as a public place.

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.

Town of Hingham v. Sirikanjanachai (In re Sirikanjanachai)

594 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · Nov 7, 2018

Persons who qualified participated in a lottery for the available units. … The Court of Appeals has articulated the standard for the establishment of a false representation under this subsection: in order to establish that a debt is nondischargeable because obtained by "false pretenses, a false

Acushnet Company v. Beam, Inc.

92 Mass. App. Ct. 687 · Massachusetts Appeals Court · Feb 2, 2018

Clearly, the  15 parties could have deleted the words "or with respect to." … 'with respect to'"). 20 There is no dispute that the VAT receivables did not qualify as "tax refunds" under section 8.01(b). 21 Sections 8.01(e) and (f) address tax audits or amendments of tax returns

Lucas Noble and Amanda Noble v. Jessica Crovetti

Massachusetts Superior Court · Aug 19, 2024

Ct. 359 (1981), and others, for the proposition that she “has absolute immunity” for statements made “while a judicial proceeding [was] active.” See Paper No. 5.1, pp. 11 – 12. … See Paper No. 4.1.[18], [19] Thus, the narrow question for the Court’s determination on the Motion For Attachment after the Court’s above rulings on the Motion To Dismiss, is whether Lucas has established a reasonable likelihood

Phonedoctorx, LLC v. Healthbridge Management, Inc.

58 F. Supp. 3d 152 · District Court, D. Massachusetts · Nov 7, 2014

Similarly, here, defendants’ alleged attorney’s fees qualify as damages under chapter 93A. … The provision that "[c]alls from a facility over 90 shall be charged at a fair market rate of ninety dollars ($90.00) per call” clearly refers to the prior sentence, which states "[i]n consideration of ... timely access to

Commonwealth v. Hunt

79 Mass. App. Ct. 344 · Massachusetts Appeals Court · Apr 26, 2011

The record does not establish that failure to participate in treatment guarantees subsequent civil commitment pursuant to G. … Lile, supra, the treatment at issue in the present case does not clearly require participants to acknowledge past, uncharged offenses as a condition of treatment.

Carye v. Long Beach Mortgage Co.

470 F. Supp. 2d 3 · District Court, D. Massachusetts · Jan 22, 2007

Long Beach contends that the language the plaintiffs point to is qualified by the list of appliances and goods that follow, all of which it contends are fixtures. Def.’s Mot. at 8. … The creditor must clearly disclose this rescission right to the debtor. Id.; 12 C.F.R. § 226.23 (b)(1).

Powell v. Tompkins

926 F. Supp. 2d 367 · District Court, D. Massachusetts · Feb 28, 2013

A state court’s decision involves an “unreasonable application” of clearly established federal law if it “correctly identifies the governing legal principle from [Supreme Court] decisions but unreasonably applies it to the … “Because the Strickland test qualifies as ‘clearly established Federal law, as determined by the Supreme Court of the United States,’ ” Williams v.

N-Tek Construction Services, Inc. v. Hartford Fire Insurance Co.

89 Mass. App. Ct. 186 · Massachusetts Appeals Court · Mar 14, 2016

informally, to serve as a project manager, and fully paid N-Tek's first twenty-one 6 We refer to Toffoloni and N-Tek interchangeably, as did the judge. 7 The judge found that Toffoloni was "highly qualified … In reviewing a judgment entered after a bench trial, we review the trial judge's factual findings, based on the "clearly erroneous" standard of Mass.R.Civ.P. 52(a), as amended, 423 Mass. 1402 (1996).

Papadopoulos v. Hartford Life Insurance

379 F. Supp. 2d 117 · District Court, D. Massachusetts · Jul 19, 2005

“Disability” is defined as “any accidental bodily injury, sickness or pregnancy”. *121 Thus, the Plan establishes a two-period system. … Restitution is equitable in cases “where money or property identified as belonging in good conscience to the plaintiff could clearly be traced to particular funds or property in the defendant’s possession”. Id.

Commonwealth v. Donovan

170 Mass. 228 · Massachusetts Supreme Judicial Court · Jan 11, 1898

Donovan never accepted the office to which he had been appointed, never qualified therefor, and never assumed to act therein. … It clearly was not necessary for the government to show that Lang in accepting the gift made any promise as to his future action or vote. See Commonwealth v. Murray, 135 Mass. 530 . Nor was it a defence that James C.

In Re Act Manufacturing, Inc.

281 B.R. 468 · United States Bankruptcy Court, D. Massachusetts · Aug 8, 2002

The Debtors filed their motion to establish interim compensation procedures as part of the first day motions. … This result is improper and may discourage qualified professionals from participating in the bankruptcy cases; a result that is clearly contrary to Congressional intent.”) (citations omitted).

St. Germain v. Pfeifer

418 Mass. 511 · Massachusetts Supreme Judicial Court · Aug 3, 1994

These physician [’s] assistants clearly did not know what the ambulation plan was. Had Dr. … Freidberg, the plaintiff had to establish that a doctor-patient relationship existed between Dr. Freidberg and himself. The plaintiffs offer of proof did not do this. Immediately after the operation, Dr.

Commonwealth v. Vasquez

20 Mass. L. Rptr. 319 · Massachusetts Superior Court · Dec 27, 2005

Implied assertions from speech intended as communication clearly come within the definition of a statement under rule 5.801( )(I). … In Stoddard, Justice Raker added this brief test to determine whether an out-of-court utterance or act qualifies as hearsay: “[a] reasonable test is to ask whether the words would remain probative if it could be established

Macioci v. Commissioner of Revenue

398 Mass. 591 · Massachusetts Supreme Judicial Court · Nov 24, 1986

Clearly, our discussion was in response to the basic question presented by the case: whether Fitchburg’s imposition of differential taxes based on use classification in fiscal 1981 and 1982 was valid. … To conclude otherwise would be to deny the plaintiffs any recovery for an established wrong. *603 3. Conclusion. The judgment is vacated.

In the Matter of G.P.

Massachusetts Supreme Judicial Court · Nov 5, 2015

Clearly the degree of risk that the third prong requires to be proved is greater than that required by the first or second prong: by definition, a "very substantial" risk is not the same as a "substantial" risk, and … The evidence of such a may qualify under this prong, but presumably any person who meets § 35's definition of an alcoholic or substance abuser presents a significant risk of overdosing.