Case law

Doe, SORB No. 6969 v. Sex Offender Registry Board

Massachusetts Appeals Court · May 10, 2021

It has long been established that an administrative agency has the authority to reopen an adjudicatory proceeding. … L. c. 30A, § 14, to conclude that it allows an agency, merely by wrongly denying a person an agency hearing, to immunize its decision from judicial review.

Jackson v. Truck Drivers' Union Local 42 Health & Welfare Fund

933 F. Supp. 1124 · District Court, D. Massachusetts · Aug 7, 1996

Read to its logical endpoint, the argument would hold that fiduciaries whose breach renders a plan insolvent and thus cause it to terminate immunize themselves from ERISA liability. … Any balance “which cannot be so applied” may be transferred to another qualified trust which “as in the opinion of the trustees” will “best effectuate” the purposes of the Trust.

In re E.C.

89 Mass. App. Ct. 813 · Massachusetts Appeals Court · Aug 3, 2016

Thus, the Legislature clearly contemplated circumstances where a patient’s commitment could continue after the dismissal of criminal charges. Similarly, G. … The Appellate Division’s view of who qualified as a patient was too narrow. Pursuant to G.

Morton Shoe Companies, Inc. v. Herbert & Boghosian, Inc.

36 B.R. 14 · United States Bankruptcy Court, D. Massachusetts · Nov 4, 1983

It was undisputed at trial that the transfer qualified under subsections (A), (C), and (D). … The architect, however, did not certify until December 8, 1981 and January 12, 1982, clearly after the date of payment.

Commonwealth v. Stuckich

450 Mass. 449 · Massachusetts Supreme Judicial Court · Jan 16, 2008

We have concluded that there was no evidence that qualified as consciousness of guilt evidence. … Its contents suggested clearly that he could not have unsupervised contact with his daughter because he had sexually abused her.

J.S.H v. Newton

District Court, D. Massachusetts · Feb 1, 2023

Prior to 2017-2018, there was no consistent or established standard of diagnosis. (Id. at ¶ 12). … It is an objective test: “whether the institution’s response, evaluated in light of the known circumstances, is so deficient to be clearly unreasonable.” Fitzgerald v. Barnstable Sch.

Shephard v. Bay Windows, Inc.

16 Mass. L. Rptr. 726 · Massachusetts Superior Court · Sep 22, 2003

Her goal was to establish financial accountability within the organization by establishing a general ledger and an annual budget. … Once the moving party establishes the absence of a triable issue, the party opposing the motion must respond with evidence of specific facts establishing the existence of a genuine dispute. Pederson v.

Adoption of Anisha

89 Mass. App. Ct. 822 · Massachusetts Appeals Court · Aug 5, 2016

The judge's detailed findings of fact establish that these two best interest requirements have been satisfied. … The court, however, qualified that language by further stating that "[a]s a general matter, granting custody to a party opposed by the parents where neither the parents nor the parents' nominee is unfit or unsuitable,

Bache v. Town of Boxborough

District Court, D. Massachusetts · Feb 9, 2022

And the complaint does not otherwise allege facts that establish any threats, intimidation, or coercion. … That is clearly a discretionary function. See Duarte, 405 Mass. at 50. Furthermore, nothing in the complaint states or even suggests that Gath acted in bad faith, or with malice or corruption.

Christensen v. Kingston School Committee

360 F. Supp. 2d 212 · District Court, D. Massachusetts · Mar 8, 2005

Further, the courts in Downing and Smith have established that even a principal with both good cause protection and “serving under contract does not have a constitutionally protected property right in his employment.” … Devlin, 833 F.Supp. at 78 (noting, in a matter involving a claim of wrongful discharge, that a termination “that is contrived to despoil an employee of earned commissions or similar compensation due for past services will qualify

Commonwealth v. Feliz

481 Mass. 689 · Massachusetts Supreme Judicial Court · Mar 26, 2019

We "accept subsidiary findings based partly or wholly on oral testimony, unless clearly erroneous." Commonwealth v. Tremblay, 480 Mass. 645, 646 (2018). … See Cory, 454 Mass. at 560 (retroactive application of GPS monitoring to individuals placed on probation for qualifying sex offenses before G.

Perry v. Treseler

District Court, D. Massachusetts · Apr 15, 2020

The parole board shall establish procedures relative to the collection and waiver of such fees by regulation. … Section 368, which requires the parole board to assess a parole supervision fee upon every person who is granted parole unless the parolee qualifies for a waiver, authorizes the parole board to make the payment of the fee

Adoption of Varnell

Massachusetts Appeals Court · May 6, 2026

The MPA replaces gendered and outdated language, simplifies establishing legal parentage, and recognizes de facto and intended parents. See G. … She ruled that the child retained the right to inherit, obtain social security benefits (assuming he otherwise qualifies), have his father on his birth certificate, and pursue visitation with

Filippone v. Mayor of Newton

16 Mass. App. Ct. 417 · Massachusetts Appeals Court · Jul 28, 1983

There is, in the law of other jurisdictions, a clear, pervasive and well-established distinction between obligations of indemnity “from loss” and “from liability.” … Clearly then, this termination was an action within the ‘scope of his employment’ as a city official.” The plaintiffs admit that this statement is “basically true.”

PDC-El Paso Meriden, LLC v. Alstom Power, Inc.

14 Mass. L. Rptr. 643 · Massachusetts Superior Court · May 31, 2002

Contentions of the Movants Both ABB Ltd. and Alstom Power N.V. contend that they are not qualified to do business in Massachusetts, do not regularly do business in Massachusetts, do not solicit business in Massachusetts and … Alstom Power N.V. purposefully established minimum contacts in the Commonwealth. See Burger King Corp. v. Rudzewicz, 471 U.S. 462, 474-75 (1985).

United States v. Wilkinson

646 F. Supp. 2d 194 · District Court, D. Massachusetts · Aug 20, 2009

Schwartz’s testimony does not credibly establish that Wilkinson suffers from psychopathy. … Schwartz’s conflicting position far less than clearly and convincingly correct.

Durant v. Chater

906 F. Supp. 706 · District Court, D. Massachusetts · Oct 24, 1995

to her diagnosed ailments, the medical evidence did not demonstrate the presence of physical conditions, or a combination of physical conditions, or even a combination of physical and mental conditions, which would have qualified … The Administrative Law Judge here neither considered the effects of the mental impairments alluded to by the psychologist, nor determined clearly the effect of those impairments.

Commonwealth v. Aves

35 Mass. 193 · Massachusetts Supreme Judicial Court · Aug 27, 1836

The same doctrine is clearly stated in the full and able opinion of Marshall C. J., in the case of the Antelope, 10 Wheat. 120 . … But it clearly admits, that it may exist by force of positive law.

Ross v. Ross

129 Mass. 243 · Massachusetts Supreme Judicial Court · Sep 28, 1880

It is a general principle, that the status or condition of a person, the relation in which he stands to another person, and by which he is qualified or made capable to take certain rights in that other’s property, is fixed … The ratio decidendi is most clearly brought out by Mr. Justice Littledale and by Chief Justice Tindal. Mr.

Courtois v. Legal Seafoods, Inc.

17 Mass. L. Rptr. 296 · Massachusetts Superior Court · Feb 6, 2004

by a similarly or less qualified person who was at least five years younger. … The evidence clearly meets the first three elements of the primafacie case: the plaintiff was forty-two, he was terminated, and he was performing acceptably. The fourth element is more problematic.