Case law

United States v. Pollock

417 F. Supp. 1332 · District Court, D. Massachusetts · Aug 6, 1976

POLLOCK was then advised that he was not immune from prosecution because he was agreeing to work with law enforcement authorities. … POLLOCK was then advised that he was not immune from prosecution because he was agreeing to work with law enforcement authorities.

Agricultural National Bank v. Schwartz

325 Mass. 443 · Massachusetts Supreme Judicial Court · Mar 8, 1950

The words next of kin had acquired a well established meaning at the time the will was executed. There is no reference to any statute governing the succession to intestate property. … In these trust provisions the testator clearly distinguished the income from the principal of the trust and made a different disposition of each.

travers/dombroski Pc v. Kimberleah Collins.

Massachusetts Appeals Court · Jul 1, 2024

excessive; the judge's factual findings erroneously relied on the testimony of the plaintiff's sole witness; the plaintiff breached the contract, excusing her 1The court also ruled that the defendant failed to establish … Ct. 531, 536 (1995) ("In a bench trial credibility is 'quintessentially the domain of the trial judge [so that her] assessment is close to immune from reversal on appeal except on the most compelling of showings'").

City of Waltham v. United States Postal Service

786 F. Supp. 105 · District Court, D. Massachusetts · Mar 2, 1992

With the administrative record established, the Court turns to matters of substance. … The administrative record, as this Court has defined it, is clearly inaccurate in this respect.

Bowman v. Heller

420 Mass. 517 · Massachusetts Supreme Judicial Court · Jun 13, 1995

Speech concerning a limited purpose public figure will qualify for the actual malice standard set forth in New York Times Co. v. … Although I find the content of the caricatures to be totally repulsive, even “the most repulsive speech enjoys immunity provided it falls short of a deliberate or reckless untruth.” Linn v.

Rathore v. Kelly

15 Mass. L. Rptr. 210 · Massachusetts Superior Court · Sep 10, 2002

An employee must be able to point to some clearly defined and well-established public policy that is threatened by the employer’s action. Glaz v. Ralston Purina Co., 24 Mass.App.Ct. 386, 390 (1987). … However, Rathore does not point to any clearly defined and well-established public policy that was threatened by the employer’s action. See id.

Keating v. The Commonwealth of Massachusetts

District Court, D. Massachusetts · May 13, 2024

and absolute immunity. … Beaupre , 977 F.3d 127, 135 (1st Cir. 2020) (“Once [a] defendant establishe[s a] defense of statute of limitations the burden shifts to plaintiff to establish that the statute of limitations does not apply.”

John Donnelly & Sons, Inc. v. Outdoor Advertising Board

369 Mass. 206 · Massachusetts Supreme Judicial Court · Dec 15, 1975

In the present case, the specific question is whether the local regulations are “inconsistent with principles clearly established by comprehensive State legislation or by authorized regulations.” … Urban residents are not immune to ugliness. As noted by the New Jersey Superior Court in Westfield Motor Sales Co. v. Westfield, 129 N.J.

Commonwealth v. LeFave

430 Mass. 169 · Massachusetts Supreme Judicial Court · Aug 18, 1999

The art. 12 confrontation issue was clearly identified by the time the defendant’s appeal from her convictions was heard, but it was not argued, and thus it was waived. Id. at 643-644 . … The defendant’s allegedly new evidence lacks the characteristics necessary to qualify as newly discovered evidence that could warrant granting a new trial. Contrast Commonwealth v. Meggs, 30 Mass. App. Ct. 111 (1991).

Powers v. United Health Plans of New England, Inc.

979 F. Supp. 64 · District Court, D. Massachusetts · Oct 6, 1997

Clearly, [the ex-employee’s] ability to obtain the converted life insurance policy arose from the ERISA plan, and the converted policy itself continued to be integrally linked with the ERISA plan. … The answer would clearly be “yes.” Second, a determination that the Powers’ individual contract of insurance is governed by ERISA could work a potential unfairness on ex-employees.

Dorgan v. City of Boston

94 Mass. 223 · Massachusetts Supreme Judicial Court · Jan 15, 1866

The intent of the legislature to exercise their sovereign right of appropriating private property is clearly indicated. … Such is not the natural or reasonable interpretation of the clause, standing as it does in relation to this class or species of taxation, without other words to qualify or restrict its meaning.

Harrison v. Textron, Inc.

367 Mass. 540 · Massachusetts Supreme Judicial Court · Apr 30, 1975

As the opinion clearly states (655-657), it did not invalidate that portion of the by-law change allowing new access ways by special permit from the board of appeals. … the defendants . . . have continuously engaged in a conspiracy with various officials of the town of Braintree and others to deprive the plaintiffs, who are citizens of the United States, of their rights, privileges and immunities

Prudential Loan Corp. v. Peraner

6 Mass. App. Div. 185 · Massachusetts District Court, Appellate Division · May 6, 1941

The issue, therefore, is clearly cut, which statute of limitations applies, the six year statute or the twenty year statute. … That case was one of the first which established the principle that an action can be brought on such a note by a holder in the name of the payee, but for the use of the indorsee.

United States v. Graham

683 F. Supp. 2d 129 · District Court, D. Massachusetts · Feb 8, 2010

establish the six-month timeline which is part of the criteria” in the DSM-IV-TR. 99 Dr. … Salter’s opinion, qualify for a diagnosis of Sexual Sadism, she opined that the strangulations that occurred in the 1987 Rape “speak[] to a disordered arousal pattern.” 101 She also stated that “the strangulations are clearly

Waste Stream Environmental, Inc. v. Lynn Water & Sewer Commission

15 Mass. L. Rptr. 723 · Massachusetts Superior Court · Jan 3, 2003

It clearly anticipated and estimated the volumes accurately, even though this was the Commission’s first time contracting in this manner. … Here, the facts clearly meet all of the elements of an output/requirements contract.

Commonwealth v. Mutina

366 Mass. 810 · Massachusetts Supreme Judicial Court · Feb 11, 1975

Two qualified psychiatrists testified for the defendant. The first was Dr. Leonard R. Friedman, who saw him at the Billerica house of correction the day after the shooting. … The evidence heard by them and the law given to them clearly played little part in their final verdict despite the length of their deliberations and the judge’s delivery of the Tuey 11 charge.

Walker v. Board of Appeals of Harwich

1982 Mass. App. Div. 84 · Massachusetts District Court, Appellate Division · Mar 16, 1982

We recognize that the jurisdiction of the Appellate Division is established by G. … L. c.40A, § 17, are clearly equitable in character.

Rate Setting Commission v. Baystate Medical Center

422 Mass. 744 · Massachusetts Supreme Judicial Court · May 23, 1996

Although the phrase has been applied in one other decision, Faulkner Hosp., supra at 705, this court did not explain the phrase beyond stating that “clearly on the facts before us, the hospitals had no control over the availability … Weiner, 569 F.2d 1156, 1157-1159 (1st Cir. 1978) (“the Medicaid rate . . . was established by dividing its base year costs for all inpatients ....

Commonwealth v. Hanson H.

464 Mass. 807 · Massachusetts Supreme Judicial Court · Apr 11, 2013

victim attends even if the juvenile and the victim had been attending the same school, it is unlikely that the Legislature intended to mandate such an exclusion for all juvenile probationers adjudicated delinquent for a qualifying … Co., 381 Mass. 432, 438 (1980) (statute not to be interpreted as effecting material change in common law unless intent to do so is clearly expressed).

Lasell Village, Inc. v. Board of Assessors of Newton

67 Mass. App. Ct. 414 · Massachusetts Appeals Court · Sep 21, 2006

An exemption from taxation is recognized “only where the property falls clearly and unmistakably within the express words of a legislative command,” Boston Chamber of Commerce v. … The college’s academic dean testified that during the winter and early spring of 2001, there were formal proposals under consideration for the establishment of a research institute at the Village as well as for the establishment