Case law

School Committee v. Massachusetts Commission Against Discrimination

377 Mass. 392 · Massachusetts Supreme Judicial Court · Feb 28, 1979

Section 105D simply states that an employer is not required to establish disability benefit programs for females taking maternity leave. … Although it is well established under the Federal equal employment law that some discrimination may be justified in case of "business necessity,” 14 see Griggs v.

Seidman v. Central Bancorp, Inc.

16 Mass. L. Rptr. 383 · Massachusetts Superior Court · Jun 30, 2003

The Legislature spoke clearly and without ambiguity in Sec. 32A. … The Shareholder Rights Agreement and Mootness The SRA established a two-step process to trigger the Rights created by it.

Cronin v. O'Leary

13 Mass. L. Rptr. 405 · Massachusetts Superior Court · Aug 14, 2001

As the United States *407 Supreme Court declared, “To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. … Corporations doing business with the federal government have for years been subject to various forms of debarment when they have engaged in wrongdoing, and it is established that debarment from federal procurement deprives

Commonwealth v. Maingrette

86 Mass. App. Ct. 691 · Massachusetts Appeals Court · Dec 3, 2014

Moreover, that the defendant was arrested without a warrant or probable cause was clearly a substantial violation and the discovery of the inculpatory evidence was plainly prejudicial. … Even the Court in Herring made clear that it was not suggesting that “all recordkeeping errors by the police are immune from the exclusionary rule.” Id. at 146 .

Commonwealth v. Avila

454 Mass. 744 · Massachusetts Supreme Judicial Court · Sep 15, 2009

Defense counsel objected on the grounds that no foundation had been laid to establish that Dr. Flomenbaum was an expert in metallurgy and that his opinion exceeded the scope of his medical expertise. … Flomenbaum and Coleman, there clearly was ample evidence to support a theory of deliberately premeditated murder.

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.

Bey v. Tufts

District Court, D. Massachusetts · Sep 11, 2024

Bey contends that he was arrested and “was clearly being held to answer for an alleged crime by state trooper Tufts without a presentment or indictment of a grand jury and [he] was deprived of [his] liberty and property … To establish that an arrest lacked probable cause, the plaintiff must show that the police officers acted unreasonably in arresting him. Holder, 585 F.3d at 504.

Healer v. Department of Environmental Protection

75 Mass. App. Ct. 8 · Massachusetts Appeals Court · Aug 20, 2009

Specifically, the administrative magistrate found that the plaintiffs “did not establish that Bauer’s training as a geologist or his work experience qualify him to provide expert opinion on how the concen *19 trations of … The regulations provide: “Establishment of Discharge Limits.

Borden, Inc. v. Commissioner of Public Health

388 Mass. 707 · Massachusetts Supreme Judicial Court · Apr 12, 1983

The conceptual borders dividing adjudication and regulation have not yet been clearly drawn, and such a clear division may well be impossible of achievement. … Finding that “in view of the evidence before the legislature, the question clearly is ‘at least debatable.’ United States v.

Adams v. Mass General Brigham Incorporated

District Court, D. Massachusetts · Nov 10, 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.

United States v. Frabizio

445 F. Supp. 2d 152 · District Court, D. Massachusetts · Aug 11, 2006

This degree of precision is insufficient to qualify as expertise when a defendant’s liberty is at stake. … It is the Court’s duty, however, to ensure that the jury hears only qualified expert testimony. See Ruiz-Troche v.

In re Credit Suisse-AOL Securities Litigation

253 F.R.D. 17 · District Court, D. Massachusetts · Sep 26, 2008

Indeed, plaintiffs claims in this case do not present a novel legal theory, but rather a novel application of an already established theory. … Moreover, plaintiff has satisfied the Court that it took sufficient care in choosing counsel and discussing a fee arrangement and that counsel is sufficiently qualified and experienced to conduct the litigation.

Commonwealth v. Leblanc

92 Mass. App. Ct. 1104 · Massachusetts Appeals Court · Sep 5, 2017

"In reviewing a ruling on a motion to suppress, we accept the judge's subsidiary findings of fact unless they are clearly erroneous but independently review the judge's ultimate findings and conclusions of law." … Such was not the case here, and since the evidence established two separate assaults, the separate convictions were supported. Judgments affirmed .

United States v. Roberson

684 F. Supp. 2d 179 · District Court, D. Massachusetts · Feb 16, 2010

First, the government must file an information to establish the prior conviction. Id. § 851(a). … Trial counsel clearly was not constitutionally ineffective for failing to make such a meritless argument.

Page v. Frazier

2 Mass. Supp. 883 · Massachusetts Superior Court · Aug 4, 1981

By experience, the defendant is a qualified expert in the field of conveyancing and title examination. 3. … In view of the holding in Craig (supra), I note that the criteria set forth relative to reliance and foreseeability may provide a compromise of the bar of immunity establisheid by lack of privity in actions for. professional

Lawton v. Sun Mutual Insurance

56 Mass. 500 · Massachusetts Supreme Judicial Court · Oct 15, 1848

But whether such delay was barratry or not, we have no doubt, that his conduct at Tahiti, after his second arrival there, supposing it not to be justified or excused by circumstances, comes clearly within the denomination … It seems to be established by the proof, that this conduct, on the part of the master, was the result of the excessive drinking of ardent spirits.

Hancock v. Commissioner of Education

443 Mass. 428 · Massachusetts Supreme Judicial Court · Feb 15, 2005

For example, in July, 2004, the Legislature established a Department of Early Education and Care. St. 2004, c. 205. … In Springfield, only seven per cent of seniors qualified, and in Lowell, only thirteen per cent qualified. Minorities Lagging in Tuition Program, Boston Globe, Dec. 11, 2004, at A1 and A7.

Bruno v. Alliance Rental Group, LLC

Massachusetts Appeals Court · Aug 29, 2023

To begin the process of establishing mechanic's liens, Alliance recorded four notices of contract. … The judge's finding that Alliance did not knowingly claim more than was due was not clearly erroneous.

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.

Opinion of the Justices to the Senate & the House of Representatives

309 Mass. 562 · Massachusetts Supreme Judicial Court · Jul 1, 1941

The bill printed as House, No. 568 would add to the existing law somewhat detailed provisions whereby an employer may bring himself within the provisions of the workmen’s compensation law by qualifying as a “ self-insurer … The imposition upon an employer of a fine for his failure to provide for workmen’s compensation is clearly a proper method of enforcing compliance with a requirement that such compensation be provided.