Case law

Pizzino v. Miller

67 Mass. App. Ct. 865 · Massachusetts Appeals Court · Dec 26, 2006

Where subsidiary findings are not clearly erroneous, we will generally not attempt to *872 make the ultimate decisions at the appellate level. … Here, the guardian ad litem was qualified; the mother received her report; the guardian was subject to cross-examination; and the mother was entitled to present evidence that rebutted the guardian’s findings.

Commonwealth v. Cobb

379 Mass. 456 · Massachusetts Supreme Judicial Court · Jan 9, 1980

Chin Kee, 283 Mass. 248 (1933), the prior statements do not qualify as “inconsistent” with Leddy’s testimony. However, the defendants’ reliance on Chin Kee is misplaced. … Rodriguez, 370 Mass. 684 (1976) (establishing that when the issue of self-defense is properly before the trier of fact, the Commonwealth must, as a matter of due process, prove beyond a reasonable doubt that the defendant

Hogan v. Harris

501 F. Supp. 1129 · District Court, D. Massachusetts · Nov 21, 1980

The medically needy include those whose income is too high to qualify them for AFDC or SSI, but too low to pay necessary medical expenses. 42 U.S.C. § 1396a(a)(10)(C). … Fourth, when Congress intended to alter statutory “comparability” requirements, it clearly expressed that intent.

Carillo v. DuBois

23 F. Supp. 2d 103 · District Court, D. Massachusetts · Sep 10, 1998

To state a claim under § 1983, a plaintiff must allege that he was deprived by a person, acting under color of law, of a right, immunity, or privilege secured by the Constitution or laws of the United States. … Graham, 473 U.S. at 167 n. 14, 105 S.Ct. 3099 ("In many cases, the complaint will not clearly specify whether officials are sued personally, in their official capacity, or both.

Piccone v. Bartels

40 F. Supp. 3d 198 · District Court, D. Massachusetts · Aug 25, 2014

Massachusetts law implements these principles by “immunizing] statements of opinion based on fully disclosed nondefamatory facts.” … Indeed, it was Carbone, not Bartels, who characterized plaintiffs’ behavior, based on Bartels’s depictions,'As not “too social” and “clearly unprofessional.”

Bourguignon v. MacDonald

667 F. Supp. 2d 175 · District Court, D. Massachusetts · Oct 30, 2009

Reno, 233 F.3d 688 (1st Cir.2000), clearly established the rule in the First Circuit that, in the case of an alien seeking habeas relief, the proper respondent will usually be “his immediate custodian, that is, the individual … Rather Petitioner's underlying argument is that he cannot be deported because he qualifies for, and is entitled to, a deferral of removal under the CAT. See generally, 8 C.F.R. § 208.17 .

Lee v. Alves

District Court, D. Massachusetts · Sep 25, 2024

A state court’s decision involves an unreasonable application of clearly established federal law “if the state court ‘identifies the correct governing legal principle from [the Supreme] Court’s decisions but unreasonably … For purposes of habeas review, “[t]he Strickland standard qualifies as clearly established federal law.” Janosky v. St. Amand, 594 F.3d 39, 47 (1st Cir. 2010) (internal citations omitted).

Roche v. Town of Wareham

24 F. Supp. 2d 146 · District Court, D. Massachusetts · Oct 29, 1998

Plaintiffs degree in criminal justice and her prior law enforcement experience appear to have qualified her for the position of SPO, particularly in light of Police Chief Joyce’s comments to her that she was well qualified … International Bhd. of Painters, 933 F.Supp. 560, 564 (S.D.W.Va.1996) (remand appropriate where “[a]fter the dismissal of Plaintiffs federal claim, state law clearly predominates in this action”) SO ORDERED. 1 .

Squantum Gardens, Inc. v. Assessors of Quincy

335 Mass. 440 · Massachusetts Supreme Judicial Court · Feb 11, 1957

Property owned by the United States is immune from State and local taxation (Assessors of Everett v. General Electric Co. 330 Mass. 464, 465-466 ; United States v. Allegheny County, 322 U. … “Statutes imposing taxation are not to be construed as operating retroactively unless the legislative intention is clearly declared.” Rugg, C.J., speaking for the court in Magee v.

Commonwealth v. Brown

74 Mass. App. Ct. 75 · Massachusetts Appeals Court · Apr 15, 2009

Indeed, part of the court’s holding was that undercover police officers, when acting within the scope of their investigatory duties, qualified as ultimate users within the meaning of § 1. Id. at 231. … The Commonwealth clearly met its burden of proving that the § 19 exemption did not apply, as there was abundant evidence that the purported prescriptions were not issued with an intent to advance a valid medical purpose.

Tierney v. Town of Framingham

District Court, D. Massachusetts · Feb 13, 2018

Therefore, this case clearly meets the three-part Younger test, and the Court will abstain from interfering with any ongoing state criminal proceeding. D. … Under the circumstances, such a conclusory and skeletal claim, not grounded in any established legal framework, is not sufficient to state a claim upon which relief can be granted.

Little Souls, Inc. v. Petits

789 F. Supp. 56 · District Court, D. Massachusetts · Mar 19, 1992

Once actual copying is established, “the court must determine whether the copying is sufficiently substantial to constitute ‘unlawful appropriation’ (‘illicit copying’).” … As actual copying of certain features of plaintiff’s dolls has been established, the real question is whether defendant’s copying constituted unlawful appropriation.

Jones v. Robbins

74 Mass. 329 · Massachusetts Supreme Judicial Court · Mar 15, 1857

It is there declared that “ no subject shall be arrested, imprisoned, despoiled or deprived of his property, immunities or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty or estate … This most material provision is attached to and follows immediately after the declaration of the liberties and immunities of the citizen, as they are set, forth in the twelfth article of the Bill of Eights, and constitutes

Gray v. Executive Risk Indemnity, Inc. (In Re Molten Metal Technology, Inc.)

271 B.R. 711 · United States Bankruptcy Court, D. Massachusetts · Jan 3, 2002

They must state clearly what items are to be excluded. The Stop & Shop Cos., Inc. v. Fed. Ins. Co., 136 F.3d 71, 73 (1st Cir.1998). … The Court will make a ruling of law that certain facts are uncontroverted and therefore deemed established, will recite the facts so established, and, if appropriate, will rule that there is no genuine issue as to any material

Gifford v. Commonwealth of Massachusetts

District Court, D. Massachusetts · May 7, 2025

Clearly, then, the first two factors of the scope-of-employment test are satisfied as to both officers. … “It is well-established that ‘only those individuals who participated in the conduct that deprived the plaintiff of his rights can be held liable.’” Velez-Rivera v.

Saltzman v. Town of Hanson

935 F. Supp. 2d 328 · District Court, D. Massachusetts · Mar 31, 2013

Massachusetts courts recognize that “an at will employee has a cause of action for wrongful termination only if the termination violates a clearly established public policy.” King v. … Accordingly, it is not necessary to address the additional arguments posed by Fingías and Smith based on Fingías’ qualified immunity and Smith’s lack of participation. - B.

Attorney General v. Collector of Lynn

377 Mass. 151 · Massachusetts Supreme Judicial Court · Jan 26, 1979

They assert that, if the Legislature intended to alter the Hardman holding or the meaning of § 8, it would have amended or repealed G.L.c. 60, § 102, which establishes penalties for any collector who does not comply with … Assessors of Woburn, 375 Mass. 430, 433 (1978). [4] Federal law exempts from disclosure records which would constitute a "clearly unwarranted" invasion of personal privacy. 5 U.S.C. § 552 (b)(6) (1976).

Watson v. Baker

444 Mass. 487 · Massachusetts Supreme Judicial Court · Jun 20, 2005

The will established two trusts. The terms of the trusts provide that the income from the trusts was to be paid in equal shares to Williams’s two granddaughters, Frances T. … We doubt, however, that a class whose membership is defined by law can be expanded by the addition of a qualifier, particularly the adjective “lawful.”

Karcz v. Luther Manufacturing Co.

338 Mass. 313 · Massachusetts Supreme Judicial Court · Jan 13, 1959

The plaintiffs must establish that, under a proper construction of the agreement, they, respectively, have a valid claim to retirement separation pay. … The termination of their employment was clearly the consequence of the general decision to close the mill caused by the economic misfortunes of the defendant.

Springfield Preservation Trust, Inc. v. Springfield Library & Museums Ass'n

447 Mass. 408 · Massachusetts Supreme Judicial Court · Aug 14, 2006

The ordinance also established a historic district commission, as well as other historic districts. … The dissent has it backward: a historic district is “establish[ed]” “by ordinance or by-law adopted by two-thirds vote” (G. L. c. 40C, § 3) — it is not created or established by the map.