Case law

Owens v. Mukendi

64 Mass. App. Ct. 820 · Massachusetts Appeals Court · Oct 21, 2005

Mass. 1997) (reasonable time under rule 60[b][6] may be more or less than one-year period established for filing under rule 60[b][l]-[3]). 11 However, there is one other principle at work. … Ct. at 295 (observing that attorney’s failure to pursue appeal, allegedly due to reliance on state *825 ments made by opposing counsel, might have qualified for rule 60[b][l] relief if the one-year time limit had not passed

City of Boston v. Aetna Life Insurance

399 Mass. 569 · Massachusetts Supreme Judicial Court · Apr 9, 1987

An order for payment can qualify as words of assignment, such as “kindly pay” (see Andrews Elec., Inc. v. St. … Its assertion to that effect, unsupported by reasons, does not qualify as argument. No G.

Comfort Ex Rel. Neumyer v. Lynn School Committee

263 F. Supp. 2d 209 · District Court, D. Massachusetts · Jun 6, 2003

See Paradise, 480 U.S. at 182 , 107 S.Ct. 1053 (finding significant the fact that a racial classification prefers only qualified applicants of one race for hiring or promotion, and that the impact on qualified applicants … The evidence clearly establishes a risk of reversion to segregation, but of a de facto nature.

Smith Barney, Harris Upham & Co., Inc. v. Connolly

887 F. Supp. 337 · District Court, D. Massachusetts · Nov 16, 1994

Treas.Reg. § 301.6323(h) — 1(g) (1976). 10 To qualify, a *343 judgment holder must (1) “perfeet[] a lien under the judgment on the property involved” according to “local law,” Treas.Reg. § 301.6323(h) — 1(g) (1976); See United … Because there is no waiver of sovereign immunity for a taxpayer to challenge the merits of his assessed tax liabilities in an interpleader action, Mclnerney cannot contest the merits of his assessed tax liabilities here.

Attorney General v. Administrative Justice of Boston Municipal Court Department of Trial Court

384 Mass. 511 · Massachusetts Supreme Judicial Court · Oct 26, 1981

L. c. 185C) of the Act established the Housing Court Department of the Trial Court, consisting of the City of Boston Division and the Hampden County Division. … Although we draw support from these cases, we continue to rely on, and to be guided by, art. 63’s history and language which clearly manifest the framers’ intent to strike a balance between the exercise of legislative and

Sheedy v. Deutsche Bank National Trust Co. (In re Sheedy)

480 B.R. 204 · United States Bankruptcy Court, D. Massachusetts · Sep 27, 2012

The court in Fidler added: “professional education is not a prerequisite to qualify as an expert witness. One can qualify as an expert witness based upon practical experience as well.” Id. (citing Southern Cement Co. v. … [this] principle ... is well established ...”); Livonia Prop.

Unleashed Doggie Day Care, LLC v. PetCo Animal Supplies Stores, Inc.

828 F. Supp. 2d 384 · District Court, D. Massachusetts · Dec 16, 2010

“[T]o be eligible for trademark protection, a mark must qualify as distinctive.” Id. … Two affidavits from a client pool of 1500 dog owners and a claimed target market consisting of every dog owner in Massachusetts, Rhode Island, and New Hampshire are clearly insufficient to establish that “a significant quantity

Flectat Ltd. v. KASL Seabreeze, LLC

257 F. Supp. 3d 152 · District Court, D. Massachusetts · Jun 30, 2017

Should the stay be lifted in the future, Flectat will need to file a supplemental pleading to establish diversity pursuant to 28 U.S.C. § 1332 . … Clearly, these considerations counsel towards abstention.

Mike Glynn & Co. v. Hy-Brasil Restaurants, Inc.

75 Mass. App. Ct. 322 · Massachusetts Appeals Court · Sep 30, 2009

from which it was understood by the parties that the recipient would be free; and “(c) liability in restitution will not subject the recipient to a forced exchange. “(2) Restitution as authorized by subsection (1) may be qualified … or withheld if recovery would conflict with a system of priorities, established by *330 other law, ordering claims against the third person, the recipient, or the assets of either.”

Markle v. HSBC Mortgage Corp. (USA)

844 F. Supp. 2d 172 · District Court, D. Massachusetts · Jul 12, 2011

If the homeowner qualifies under these eligibility criteria, the guidelines direct the servicer to offer that individual a Trial Period Plan (“TPP”). … An intended beneficiary need not be specifically named in the contract, however, so long as he falls “within a class clearly intended by the parties to benefit from the contract.”

Commonwealth v. Goodreau

58 Mass. App. Ct. 552 · Massachusetts Appeals Court · Jul 14, 2003

on the day of the shooting, his subsequent suicide attempt, and his state of mind at the time he tendered his plea (shock, remorse, desire to punish himself, and depression — the foregoing affecting his ability to think clearly … corroborate his suicide attempt; the appellate lawyer’s affidavit supplementing trial counsel’s affidavit is hearsay; the psychiatrist’s opinions are speculative; and not only are the brother’s observations biased, but he is not qualified

Commonwealth v. Archer

19 Mass. L. Rptr. 504 · Massachusetts Superior Court · May 13, 2005

Although the Commonwealth correctly notes that Apartment 22-D’s tenant did not fence in the backyard area, this factor is but one consideration in the determination of whether the shed’s foundation area qualifies as curtilage … Apartment 22-D’s shed is inches away from the back door, shares a common wall with the apartment, is clearly part of the apartment’s original construction, and is oriented to provide a level of privacy to the patio area.

Strahan v. Coxe

939 F. Supp. 963 · District Court, D. Massachusetts · Sep 24, 1996

Defendants do not raise the more fundamental objection that notice to NMFS in Silver Spring may not qualify as notice to the Secretary of Commerce under 16 U.S.C. § 1540 (g)(2)(i). … A plaintiff does not have to qualify as an expert witness in order to have a cognizable interest under Article III. 25 2.

Blanchard v. Steward Carney Hospital, Inc.

477 Mass. 141 · Massachusetts Supreme Judicial Court · May 23, 2017

based portion of the nurses' defamation claim arises from and is, in that limited sense, solely based on their hospital employer's quite legitimate petitioning activity, it nevertheless remains unclear whether this qualifies … See Duracraft, 427 Mass. at 165, 167 ("Because the Legislature intended to immunize parties from claims 'based on' their petitioning activities, we adopt a construction of 'based on' that would exclude motions brought

Globe Newspaper Co. v. District Attorney for the Middle District

439 Mass. 374 · Massachusetts Supreme Judicial Court · May 15, 2003

required to have the information by statute, and to individuals and entities approved by the criminal history systems board (based on a determination that the public interest in disseminating the information to such persons “clearly … It is the public records statute that requires the defendants to disclose anything that qualifies as a “public record.” G. L. c. 66, § 10 (a).

Alliance to Protect Nantucket Sound, Inc. v. Energy Facilities Siting Board

457 Mass. 663 · Massachusetts Supreme Judicial Court · Aug 31, 2010

As such, the commission is clearly a local (as opposed to State) agency, and therefore it qualifies as a “local agency or body” within the meaning of § 69K in any event. 2. … The transmission lines that Cape Wind seeks to construct qualify both as a “facility” for purposes of § 69K and as a “structure” under c. 91, §§ 14 and 18.

Buchanan v. Massachusetts Department of Correction

District Court, D. Massachusetts · Dec 23, 2024

The request included a personal statement, stating in relevant part that “[b]eing forced, pressured, intimidated or coerced to ingest or receive any substance into my body that clearly violates my conscience, or my personal … The FDA approved the COVID- 19 vaccine for immunization to prevent a communicable disease. (Opp. Ex. B at 12).

Simmons v. Galvin

652 F. Supp. 2d 83 · District Court, D. Massachusetts · Aug 30, 2007

The unqualified prohibition established by § 2(a) is intentionally broad. … The Supreme Court has held, for example, that Congress lacked the power under § 5 to abrogate state sovereign immunity to suit for discrimination on the basis of disability, age, and religion.

Commonwealth v. Lee

Massachusetts Supreme Judicial Court · Nov 12, 2019

The investigating officers were able to establish a likely timeline for the robbery. … A "qualified interpreter" is defined as "a certified interpreter who has also passed the examination [given by the office of court interpreter services] and been qualified for interpreting in the [F]ederal courts by the

United States v. Gallucci

54 F. Supp. 964 · District Court, D. Massachusetts · Mar 21, 1944

It has been clearly established, however, that acts and declarations subsequent to the relevant time are available to support a finding as to allegiance (Baumgartner v. … United States, supra, 320 U.S. at page 122, 63 S.Ct. at page 1335 Until the higher authority explicitly qualifies Johannessen v.