Case law

Medical Professional Mutual Insurance v. Breon Laboratories, Inc.

966 F. Supp. 120 · District Court, D. Massachusetts · Jun 6, 1997

It is the failure to establish this critical element that renders the Plaintiffs’ contribution claim insufficient. … [Section] 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. Barrios v.

Edwards v. Federal Goverment of Nigeria

District Court, D. Massachusetts · Dec 18, 2018

FSIA Immunity Generally All defendants contend that they are entitled to immunity under the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. §§ 1602, et seq. … Nor has he established that the other requirements of the statute apply.

Commonwealth v. Bannister

94 Mass. App. Ct. 815 · Massachusetts Appeals Court · Feb 21, 2019

The trial judge qualified Dias as an expert and allowed his testimony that the defendant, Cooper, and the victim belonged to different gangs. … The defendant has the burden to establish both prongs. Commonwealth v. Pike , 53 Mass. App. Ct. 757 , 760, 762 N.E.2d 874 (2002). a. Thermal imaging .

In Re Number Nine Visual Technology Corp. Securities Litigation

51 F. Supp. 2d 1 · District Court, D. Massachusetts · Jun 1, 1999

The Defendants also argue that the "bespeaks caution" doctrine should immunize the claims regarding inventory in the Prospectus. … The sufficiency of existing restructuring reserves seems clearly to be a subject of internal projection.

Gurnack v. John Hancock Mutual Life Insurance

406 Mass. 748 · Massachusetts Supreme Judicial Court · Feb 26, 1990

The issue of suicide or accident was not clearly resolved on the record Hancock had accumulated on that date. The last word on the proper procedure for judicial review of ERISA claim denials has not been written. … (BNA) 1708 , 1714 (Sept. 11, 1989) (the District Court should have made a finding “on the obviously important question of whether — putting aside any administrative misfeasance — [the plaintiff] actually qualified for . .

Bulwer v. Mount Auburn Hospital

86 Mass. App. Ct. 316 · Massachusetts Appeals Court · Sep 24, 2014

He did not readily establish rapport, trust, and respect with patients and families. … Otherwise, a conclusory assertion of intent or motive will immunize itself from inspection and force the conduct of an unwarranted trial.

Meade v. State Racing Commission

27 Mass. L. Rptr. 341 · Massachusetts Superior Court · Feb 9, 2010

Second, Meade alleges that the Commission’s experts were not qualified to offer expert opinions. … Shuster with respect to metabolic rate variability, the Commission stated that Meade was required to “clearly establish (i) Pleasing Amy’s own metabolic rate, (ii) the pH of the horse’s blood and urine, (iii) whether her

Commonwealth v. LaBrie

473 Mass. 754 · Massachusetts Supreme Judicial Court · Mar 9, 2016

Although the presence of a stronger, more treatment-resistant form of cancer may qualify as a "bodily injury" under the statutory definition, see G. … funds to retain an independent oncologist in order to rebut the testimony of Friedmann, a key witness for the Commonwealth's case, but later decided not to consult an oncologist on the grounds that (1) an effort to establish

Monarch Life Insurance v. Ropes & Gray

173 B.R. 31 · District Court, D. Massachusetts · Oct 5, 1994

Moreover, if the “clearly erroneous” standard were to apply, a bankruptcy court would be possessed of the power to enforce all of its own determinations immune from any meaningful review by an Art. Ill court. … Finally, the Omega Equipment Corp. court asserts that the bankruptcy court’s determinations are immune from meaningful review.

Commonwealth v. Shea

401 Mass. 731 · Massachusetts Supreme Judicial Court · Mar 1, 1988

As we have noted, “defense trial tactics are not immune from comment.” Commonwealth v. Bradshaw, 385 Mass. 244, 272 (1982). *740 3. Evidence of consciousness of guilt. … Finally, the judge clearly emphasized that the Commonwealth has the burden of proving all the elements of the crimes charged.

Department of Revenue v. Lopez

477 Mass. 268 · Massachusetts Supreme Judicial Court · Jun 9, 2017

Thus, whether a child qualifies for SIJ status and whether to grant or deny an immigrant child's application for SIJ status is beyond the jurisdiction of the Probate and Family Court. … Last, the record clearly establishes that E.G.'s interests are not best served by returning to Guatemala, the country of origin.

Gore v. Trustees of Deerfield Academy

385 F. Supp. 2d 65 · District Court, D. Massachusetts · Jul 27, 2005

The pages Plaintiff cites, however, are clearly preliminary to the handbook itself and make no mention of changes to either of the provisions currently at issue. … Generally, to establish a prima fa-cie case of retaliation under either Title VII or the ADA, a plaintiff must prove that (1) she engaged in protected conduct, (2) she suffered an adverse employment action and (3) a causal

Vineyard Grove Co. v. Inhabitants of Oak Bluffs

265 Mass. 270 · Massachusetts Supreme Judicial Court · Nov 28, 1928

The petitioner could show the demand for bathhouses already on the remaining land, which could be extended to include bathhouses if built on the land taken; and could show that the use of the remaining land as a bathing establishment … It has been frequently decided that the question whether an expert is qualified to give an opinion rests largely in the discretion of the presiding judge, whose decision will not be reversed unless clearly erroneous in law

Von Henneberg v. Generazio

403 Mass. 519 · Massachusetts Supreme Judicial Court · Dec 12, 1988

After the judge found that Henneberg was qualified to testify on the question of damages, the plaintiff was free to give his opinion of the value of the damaged property. … The defendant’s attempt, on cross-examination, to discredit Henneberg’s method of reaching his dollar figure did not affect Henneberg’s established competence to give his opinion.

Akbarian v. Public Service Mutual Insurance

2004 Mass. App. Div. 87 · Massachusetts District Court, Appellate Division · Jun 3, 2004

Akbarian’s status as the trustee-owner of the building did not qualify him to introduce purely hearsay evidence as to the cost of the repairs at issue in this action. … There was clearly no abuse of that discretion in the denial of Akbarian’s motion to reopen, particularly in view of his failure to *91 demonstrate that his intended examination of Kobaly would have produced material, or even

Turner v. Turner

92 Mass. App. Ct. 1108 · Massachusetts Appeals Court · Oct 13, 2017

George , 476 Mass. 65 (2016), he claims that the judge abused her discretion in issuing an alimony order deviating from the presumptive durational limits without clearly expressing the reason for doing so, and in focusing … A judge may, however, deviate beyond these termination dates if written findings establish that doing so is in the interests of justice.

Adams v. Mass General Brigham Incorporated

District Court, D. Massachusetts · Nov 12, 2021

To establish a claim for failure to reasonably accommodate, “a plaintiff must produce sufficient evidence for a reasonable jury to find that (1) he was disabled within the meaning of the ADA, (2) he was a qualified individual … One of the claimed impairments was an “immune system disability” stemming from chemical sensitives and allergies. Id.

Gillette Co. v. Norelco Consumer Products Co.

946 F. Supp. 115 · District Court, D. Massachusetts · Nov 27, 1996

a defense immunizing a manufacturer from liability for false advertising claims. … Insofar as its closeness claim is concerned, Norelco has specifically qualified the claim in its advertisements, with a notation about the acclimation period.

Commonwealth v. James B. Carver

Massachusetts Superior Court · Dec 31, 2024

A defendant establishes prejudice by establishing that the evidence "would probably have been a real factor in the jury's deliberations," such that its absence "casts real doubt on the justice of the conviction." … Franklin's conclusions qualify as newly discovered evidence. B. Dr.

Wade v. Howard

28 Mass. 289 · Massachusetts Supreme Judicial Court · Sep 22, 1831

These positions have not been controverted, except so far as the rule relied on by the demandants may be qualified by other rules of law : one of which is, that every deed is to be construed according to the intention of … The estate intended to be passed seems to be clearly ascertained by the clause in the deed, which was no doubt inserted for that purpose.