Case law

United States v. Patrick

6 F. Supp. 2d 51 · District Court, D. Massachusetts · Apr 28, 1998

Koenig qualify as experts. … Dismissal of an indictment is appropriate only “if it is established that the violation substantially influenced the grand jury’s decision to indict, or if there is grave doubt” that the decision to indict was free from the

Commonwealth v. Porro

458 Mass. 526 · Massachusetts Supreme Judicial Court · Dec 14, 2010

established by the evidence or acquitting, even though the defendant is guilty of some offense.” … defense attorney did not mention it in closing argument. 11 This stipulation provided the prosecution’s proof that the alleged assault and battery by means of a dangerous weapon caused “serious bodily injury” and therefore qualified

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.

Sarrouf v. New England Patriots Football Club, Inc.

397 Mass. 542 · Massachusetts Supreme Judicial Court · May 14, 1986

. *547 The plaintiffs urge us to uphold the trial judge’s decision, except for his denial of recovery to certain plaintiffs. 7 The plaintiffs claim that we should overturn that denial because the proper requirement to qualify … Rahal clearly indicated their intention to seek their appraisal remedy in a handwritten note on the proxy card returned to the corporation. John A.

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

Town of Lexington v. Town of Bedford

378 Mass. 562 · Massachusetts Supreme Judicial Court · Jul 31, 1979

As noted in the memorandum of decision, § 6C provides that in "all actions based on con *568 tractual obligation” the judgment shall include interest from "the date of the breach or demand,” if established, and, if not, from … Section 59A clearly contemplates that performance should occur without the aid of the courts. It therefore requires that notice be given and that the response be prompt.

Davis v. Commonwealth of Massachusetts

District Court, D. Massachusetts · Apr 24, 2025

Clearly, then, the first two factors of the scope-of-employment test are satisfied. … “It is well-established that ‘only those individuals who participated in the conduct that deprived the plaintiff of his rights can be held liable.’” Velez-Rivera 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.

Lobsters, Inc. v. Evans

346 F. Supp. 2d 340 · District Court, D. Massachusetts · Nov 29, 2004

At the Daubert hearing, he heard from two qualified witnesses for the Agency and one qualified witness for plaintiffs and ruled that he was persuaded that Boatracs was reliable for reporting position data accurately 95% of … This is clearly not the point of limiting review to the administrative record.

Robinson v. Church

1 Davis. L. Ct. Cas. 13 · Massachusetts Land Court · Sep 15, 1899

He contends that proof must be made that the board (of aldermen) levying the tax were duly elected and qualified. This matter, however, is one that is altogether too remote. … In the earlier case,, however, the de jure rule as to tax sales was clearly recognized. Alvord v. Collin, 20 Pick. 418 ; and earlier cases there cited. Sprague v. Bailey, 19 Pick. 436 . Goodrich v.

Commonwealth v. Harris

468 Mass. 429 · Massachusetts Supreme Judicial Court · Jun 18, 2014

Gilbert, 423 Mass. 863, 869-870 (1996) (motive evidence supported conclusion that Commonwealth’s evidence was sufficient to establish malice for murder in first degree). … physicians or one or more qualified psychologists.

Sherwin-Williams Co. v. Commissioner of Revenue

438 Mass. 71 · Massachusetts Supreme Judicial Court · Oct 31, 2002

Gregory, 69 F.2d 809 (2d Cir. 1934), the seminal case establishing the sham transaction doctrine. … The second principle is that a transaction “does not lose its [tax] immunity, because it is actuated by a desire to avoid, or, if one chooses, evade, taxation.” Helvering v. Gregory, supra at 810.

Arnold v. Arnold

34 Mass. 4 · Massachusetts Supreme Judicial Court · Sep 15, 1835

He must go to trial upon his writ of right, with the disadvantages arising from the former verdicts against him, and he must establish his right of property in the writ of right, (which he was not called upon to establish … He is allowed to try it again by a jury drawn from the same box, who cannot be supposed to be better qualified to find out the truth than the first jury was.

Springfield Industries v. Broes Trucking Co.

1986 Mass. App. Div. 174 · Massachusetts District Court, Appellate Division · Dec 10, 1986

The defendant’s unsubstantiated assertions as to shipper negligence or acts of third persons clearly fall short of this requisite quantum of proof. … This finding properly rendered immaterial defendant’s request for ruling number 7; and there was no error in the trial court’s qualified allowance of this request

Hartunian v. Sweeney

District Court, D. Massachusetts · Aug 29, 2022

Judicial immunity is an affirmative defense that may be raised by a Rule 12(b)(6) motion to dismiss “‘provided that the facts establishing the defense [are] clear on the face of the complaint.’” Zenon v. … Plaintiff argues that Clerks Gentile and Cignoli are not protected by quasi-judicial immunity because they “fabricated new facts and thereby have ‘committed fraud on the court,’” violating his clearly established rights

Commonwealth v. Gonsalves

445 Mass. 1 · Massachusetts Supreme Judicial Court · Aug 29, 2005

App. 2005) (when police question crime victim, “that officer clearly has ‘an eye toward trial’ ”); Wall v. State, 143 S.W.3d 846, 851 (Tex. Ct. App. 2004). … Applying the definition announced today, the call would inescapably qualify as “testimonial.”

Care & Protection of Thomasina

75 Mass. App. Ct. 563 · Massachusetts Appeals Court · Oct 27, 2009

Together, the findings clearly and convincingly establish parental unfitness. See, e.g., Adoption of Mary, 414 Mass. 705, 710-711 (1993); Adoption of Quentin, 424 Mass. 882, 886 (1997). … “The specialized needs of a particular child when combined with the deficiencies of a parent’s character, temperament, capacity, or conduct may clearly establish parental unfitness.”

Custody of Michel

28 Mass. App. Ct. 260 · Massachusetts Appeals Court · Feb 7, 1990

His order also required DSS to establish a service plan to effect the ultimate reunification of the family unit. The parents and the three younger children have appealed from the custody component of the order. … A quali- *269 fled evaluation, however, may support a similarly qualified judicial finding.

Webber v. Town of Petersham

19 Mass. L. Rptr. 243 · Massachusetts Superior Court · Apr 13, 2005

Therefore, the fence in question qualifies as an “appurtenance” as that term is used in the by-law and is exempt from the reach of the by-law. … As noted above, the defendants have established a likelihood of success on the merits.

Tattan v. Kurlan

32 Mass. App. Ct. 239 · Massachusetts Appeals Court · Mar 20, 1992

The judge’s conclusion was unwarranted. 7 The plan designations that he found determinative did not qualify as excep *245 tions to the statutory presumption that the fee in the ways passed to the abutting grantees. … [along] the entire length of the way, as it is then laid out or clearly indicated . . . . ’ ” 9 Id. at 677 . Wellwood v.