Case law

Truck Renting & Leasing Ass'n v. Commissioner of Revenue

433 Mass. 733 · Massachusetts Supreme Judicial Court · Apr 17, 2001

or other facilities in Massachusetts; employed personnel in Massachusetts; solicited business in Massachusetts; owned real property in Massachusetts; domiciled trucks or other personal property in Massachusetts; or was qualified … If Adams itself operated its vehicles within Massachusetts, the income it earned from this activity clearly could be the subject of a corporate excise tax.

Baxter v. Minter

378 F. Supp. 1213 · District Court, D. Massachusetts · Jul 19, 1974

The Complaint alleges that a class of persons does exist which would qualify under Federal Rule 23. … The plaintiff argues that this language indicates a Congressional intent to establish a federal standard of need at least above the AFDC level.

Student Doe v. Perille

District Court, D. Massachusetts · Nov 6, 2018

Privileges and Immunities Clause The “Privileges and Immunities Clause gives constitutional assurance that [t]he [c]itizens of each State shall be entitled to all Privileges and Immunities of … However, even assuming that Doe followed the procedures for homeless students set forth in BPS’s residency policy, it is unlikely that he qualifies as homeless under the McKinney-Vento Act.

Gimas v. Bialy

25 Mass. L. Rptr. 67 · Massachusetts Superior Court · Dec 9, 2008

Certainly, what the arbitrator claims that other parties said or did in a proceeding outside a civil courtroom qualifies as “an extrajudicial statement offered to prove the truth of the matter asserted.” … The statute clearly mandates that “the remedies provided hereunder shall be the exclusive remedies available to teachers for wrongful termination." G.L.c. 71, §42 (emphasis added).

Cleary v. Cardullo's, Inc.

347 Mass. 337 · Massachusetts Supreme Judicial Court · Apr 16, 1964

Section 16C cannot be *346 interpreted as giving such pre-1956 licensees (whose premises were originally within 500 feet of a church or school) any broader immunity, not enjoyed by others, from the prohibition in § 16C. … The legislative purpose would have been expressed more clearly if there had been included in § 15 a reference to § 12 comparable to the reference to § 15 found in § 12 and if § 17 had been more broadly expressed.

Commonwealth v. Philip Morris Inc.

8 Mass. L. Rptr. 547 · Massachusetts Superior Court · Jul 30, 1998

They differ as to whether Chairman Bliley’s April 6 letter qualifies as a “ruling from the Chair.” … However, consistent with established jurisprudence on the subject of waiver, a witness is not required to be in contempt in order to avoid waiver, even if (as here) any consequences of that contempt can clearly be avoided

Pacific Wool Growers v. Commissioner of Corporations & Taxation

305 Mass. 197 · Massachusetts Supreme Judicial Court · Feb 3, 1940

The words "the amount of its capital stock” in said section are immediately qualified by the words "authorized and issued.” … The important consideration was the purpose for which such foreign corporation, association or organization was established, organized or chartered and not the precise form or manner in which it had been so established.

Commonwealth v. Gomes

483 Mass. 123 · Massachusetts Supreme Judicial Court · Sep 13, 2019

Here, the defendant's actions of holding Jane by the waist and forcing her to move her body such that her "butt" came into repeated contact with his genitals clearly met the standard of "indecent." … L. c. 119, § 21, a provision that enumerates qualifying professions, for a definition of the term "[m]andated reporter." A "police officer" is included in that list. Because G.

Casagrande v. Town Clerk of Harvard

377 Mass. 703 · Massachusetts Supreme Judicial Court · Apr 3, 1979

(a) of § 81L, twelfth par., would be limited to public ways or ways maintained and used as public ways so that the standards of § 81M would be met by most tracts of land qualifying under cl. (a). … Town ways are established for the use of the town and must be maintained at public expense. See G. L. c. 82, § 21; G. L. c. 84, § 1.

Nstar Elec. Co. v. Bd. of Assessors of Bos.

94 Mass. App. Ct. 1123 · Massachusetts Appeals Court · Feb 22, 2019

If one of these circumstances is present, the burden shifts back to the taxpayer to establish that the assessed value is in excess of the property's fair cash value. Boston Gas Co ., 458 Mass. at 729 . b. Facts . … Reed was qualified as an expert in regulatory matters relating to utilities, including rate-making and valuation issues.

In Re Neurontin Marketing, Sales Practices, & Products Liability Litigation

612 F. Supp. 2d 116 · District Court, D. Massachusetts · May 5, 2009

Cheryl Blume 9 — to establish general causation. … Plaintiffs argue persuasively that even if this Court does not consider the FDA study as definitive proof of general causation, the study nevertheless qualifies as powerful epidemiological evidence establishing an association

Astellas Institute for Regenerative Medicine v. ImStem Biotechnology, Inc.

District Court, D. Massachusetts · Sep 28, 2018

“Conception is complete when‘the idea is so clearly defined in the inventor’s mind that only ordinary skill would be necessary to reduce the invention to practice, without extensive research or experimentation.’” … Thus,the Court finds that, on this sparse record, Plaintiffs have not established that Dr.

Eaton v. Federal National Mortgage Ass'n

462 Mass. 569 · Massachusetts Supreme Judicial Court · Jun 22, 2012

The mortgage is separate from, but by its terms clearly connected to, the promissory note. … This trust is an equitable device that may qualify as a resulting trust, see Young v.

Fern v. Immergut

55 Mass. App. Ct. 577 · Massachusetts Appeals Court · Aug 15, 2002

L. c. 223A, § 3(a), pursuant to which jurisdiction is exercised over a person “as to a cause of action in law or equity arising from the person’s transacting any business in the Commonwealth. ’’ 9 To qualify as jurisdiction-inducing … Indeed, the specific, non-conclusory facts alleged in a complaint may so clearly manifest a lack of jurisdiction that dismissal on the basis of the complaint alone would be warranted.

Hannaford v. Thorne

23 Mass. App. Dec. 139 · Massachusetts District Court, Appellate Division · Feb 28, 1962

(d) Section 1 of the Building By-Laws of Carlisle established and defined a public policy respecting the construction and remodelling of buildings that is in the public interest as well as in the interest of property-owners … The Court’s qualified granting of the plaintiff’s request for ruling No. 10 which was “granted with the qualification that this circumstance is to be considered with other circumstances in determining the plaintiff’s claim

Hed v. Murphy

518 B.R. 169 · District Court, D. Massachusetts · Sep 29, 2014

I find that Hed has failed to establish that the Bankruptcy Court’s factual findings were clearly erroneous. Further, I find that the Bankruptcy Court committed no errors of law. … Bankruptcy Court Erred By Approving the Trustee Commission Hed asserted below that Murphy’s trustee commission under 11 U.S.C. § 326 was improperly calculated because the commission was based on an amount that included non-qualifying

Patrick v. United States

298 F. Supp. 2d 206 · District Court, D. Massachusetts · Jan 15, 2004

Because the claims in a 2255 petition must be constitutional claims, this situation clearly manifests a “denial of a constitutional right.” … Clearly, if an act of confiscation by corrections officer [sic] prevents a petitioner from filing a habe-as corpus petition before expiration of one-year limitation period can establish exceptional circumstances warranting

Cornell v. Board of Appeals

453 Mass. 888 · Massachusetts Supreme Judicial Court · May 22, 2009

L. c. 40A, § 10, third par., and that delays clearly attributable to others have hampered the holder’s efforts to obtain a building permit. Cf. Belfer v. … He has also failed to establish that the delays in obtaining the approvals necessary for a building permit were not reasonably avoidable.

Raso v. Lago

958 F. Supp. 686 · District Court, D. Massachusetts · Jan 6, 1997

Of these 308, 152 former West End residents have represented that they qualify for the 58 low-income units, 100 that they qualify for the 48 moderate-income units, and 56 that they can afford the 77 market-rate units. … Massachusetts law requires three elements to create an express trust: an intent to create a trust; a clearly *700 identifiable trust res; and identifiable beneficiaries. Curran v.

Cass v. Boston & Lowell Railroad

96 Mass. 448 · Massachusetts Supreme Judicial Court · Jan 15, 1867

This will more clearly appear by an analysis of the contract for breach of which the plaintiff brings this action. … It converted a qualified and conditional contract into an absolute and unconditional one.