Case law

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.

LeBlanc v. Logan Hilton Joint Venture

78 Mass. App. Ct. 699 · Massachusetts Appeals Court · Feb 9, 2011

Clearly, Cosentini twice, once in 1997 and again on January 20, 1999, furnished Broadway Electrical with specific instructions to install the warning signage. The specification was important. … Corp., 408 Mass. at 113 -115 & n.8 (where electrician suffered personal injury by reason of an unlabeled electrical distribution panel, contractual documents established duties of construction engineering firm and plaintiff

Eggert v. Merrimac Paper Co., Inc. Leveraged Employee Stock Ownership Plan and Trust

311 F. Supp. 2d 245 · District Court, D. Massachusetts · Mar 31, 2004

Thus, the plaintiffs must qualify under one of the above-mentioned classes in order to have standing to bring an ERISA claim. … Accordingly, the task at hand is to determine whether the plaintiffs qualify as Plan “participants” within the meaning of ERISA; the plaintiffs clearly are not beneficiaries or fiduciaries. 4 A.

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

Hillstrom v. Best Western TLC Hotel

265 F. Supp. 2d 117 · District Court, D. Massachusetts · May 28, 2003

According to this framework, if a plaintiff succeeds in establishing a prima facie case of discrimination, a presumption of discrimination arises. … Nevertheless, the Act was clearly intended to provide such protection, and Department of Labor (DOL) regulations implementing the FMLA interpret the Act to prohibit such actions.

Reisch v. McGuigan

745 F. Supp. 56 · District Court, D. Massachusetts · Aug 10, 1990

Following the above reasoning, the Pevo-ski Court determined that Massachusetts law should govern the issue of interspousal immunity in that case, because the Commonwealth was the domicile of the parties and “the economic … The parties have stipulated that plaintiffs’ medical costs exceed $60,000, establishing that the Regie, which only paid $30,000 to plaintiffs, is only a partial subrogee.

Messing, Rudavsky & Weliky, P.C. v. President & Fellows of Harvard College

436 Mass. 347 · Massachusetts Supreme Judicial Court · Mar 19, 2002

Second, by demonstrating that we intend narrowly to interpret the qualifying factor, i.e., what matters are within the scope of an individual’s employment, for purposes of this rule and the common-law rule of evidence announced … Those employees clearly had a measure of supervisory responsibility over Stanford, whose job performance was to be a central issue in her discrimination litigation.

United States v. Lora

129 F. Supp. 2d 77 · District Court, D. Massachusetts · Feb 20, 2001

I find Ruben qualifies for a three-level enhancement as a supervisor or manager. U.S.S.G. § 3Bl.l(b). … Clearly, a defendant’s available funds are an important consideration in light of Note 15’s purpose and text. 23 .

Commonwealth v. Segovia

53 Mass. App. Ct. 184 · Massachusetts Appeals Court · Nov 7, 2001

Because of the strong circumstantial evidence establishing the connection between his vehicle and the accident, a decision was made to follow the latter option. … That the decision not to file the motion to suppress the videotape on Miranda grounds might be characterized as a trial tactic, does not in itself render the decision immune from scrutiny. See Commonwealth v.

Newell v. Celadon Security Services, Inc.

417 F. Supp. 2d 85 · District Court, D. Massachusetts · Jan 17, 2006

It was clearly contrary to the best interest of Celadon to tolerate a situation where its personnel, who were hired to provide security, did not have access to backup help in case of an emergency. … In light of this court's conclusion that Koui-dri did not qualify as a supervisor, it will not address whether Celadon is entitled to assert the Faragher/Ellerth defense. 9 .

Guarino v. Metropolitan Life Insurance

915 F. Supp. 435 · District Court, D. Massachusetts · Dec 7, 1995

It is well-established that Congress intended for ERISA’s civil enforcement remedies, 29 U.S.C. § 1132 (a)(1)(B), to be exclusive. … The statutes, 26 U.S.C. §§ 401 (a), 411 and 501(a), establish the requirements for a “qualified trust” pension plan, including minimum vesting standards, in order to reap favorable tax benefits. 7 Nevertheless, there is no

Pacific Ins. Co., Ltd. v. Eaton Vance Management

260 F. Supp. 2d 236 · District Court, D. Massachusetts · Aug 14, 2002

BACKGROUND Eaton Vance and its predecessors have operated the Plan as a qualified profit sharing plan since the 1950s. 1 The Plan has been restated and amended on several occasions since its inception. 2 In July 1986, Eaton … Central States clearly interpreted this provision of ERISA to include identifying the Plan participants. 43 When it failed to recognize Hernandez and others as Plan participants, and failed to establish and fund retirement

Attorney General v. M.C.K., Inc.

432 Mass. 546 · Massachusetts Supreme Judicial Court · Oct 13, 2000

In the case of Union Square, Konig established Reifer, Inc. (Rei-fer), to hold title to the real estate and tangible assets used in the operation of the home, and M.C.K., Inc. … contemplates that the receiver may also make major repairs to the real or personal property of the facility, to the extent necessary to prevent or remove jeopardy to the health, safety, or welfare of the residents, or to minimally qualify

Morse v. Board of Selectmen of Ashland

7 Mass. App. Ct. 739 · Massachusetts Appeals Court · Jun 13, 1979

all the testimony indicated that the last person hired for a regular position, approximately three years before the hearing, had previously been a call firefighter, 7 and the chief was satisfied that this individual was qualified … In either event the dismissal was not based on adequate cause established by the evidence.

Enos v. Secretary of Environmental Affairs

432 Mass. 132 · Massachusetts Supreme Judicial Court · Jul 14, 2000

in analyzing environmental impacts; in tracing, summarizing, and quantifying environmental effects; in discussing alternatives to proposed mitigation measures; in failing to address the “no-build” alternative; and in not clearly … This language, however, was not meant to establish a broad rule that would allow anyone alleging potential property damage from a proposed project to use G.

Barrios v. Viking Seafood, Inc.

6 Mass. L. Rptr. 281 · Massachusetts Superior Court · Dec 15, 1996

It would make little sense to mandate that an action be filed when, at the time of filing, the right to relief has not yet been and could not be established. … “G.L.c. 23 IB, §4(b), was drafted to encourage settlements in multiple party tort actions by clearly delineating the effect settlement will have on collateral rights and liabilities in future litigation.” Bishop v.

Kimball, Bennett, Brooslin & Pava v. McGahan

16 Mass. L. Rptr. 562 · Massachusetts Superior Court · Jun 17, 2003

Liability McGahan argues that the court should have directed a verdict in her favor on the basis of liability because the evidence established that she was a qualified handicapped individual to whom Kimball Bennett had denied … Smith at 1113 (“A rule of per se admissibility of the investigative file would clearly undercut the district court’s function as independent fact-finder.

Care & Protection of Robert

408 Mass. 52 · Massachusetts Supreme Judicial Court · Jul 16, 1990

Prior to the care and protection hearing, the court must order a qualified person to investigate the child’s situation. G. L. c. 119, § 24. … However, notwithstanding the precious character of a parent’s relationship with his or her children, the parent’s interest is not immune from State intervention.