Case law

Sivieri v. Commonwealth, Department of Transitional Assistance

16 Mass. L. Rptr. 531 · Massachusetts Superior Court · Jun 26, 2003

an acceptable level, and was terminated by the employer in favor of a similarly qualified individual). … Therefore, Sivieri’s claim of hostile work environment sexual harassment is not time-barred. 1 Sivieri’s allegation of retaliation against DTA is not as clearly related to her MCAD complaint of sex discrimination as is her

Fitzgerald v. Cheverie (In Re Edward Harvey Co.)

68 B.R. 851 · United States Bankruptcy Court, D. Massachusetts · Jan 9, 1987

In support of his waiver argument, the Trustee asserts that Cheverie failed to qualify his acceptance of rent as use and occupation; failed to indicate that he intended to exercise his right of forfeiture, and delayed for … Clearly, part of the alleged consideration testified to by Richard Cheverie was valueless.

Legalbriefs, Inc. v. Foley & Lardner LLP

Massachusetts Superior Court · Feb 28, 2025

In November, 2023, LegalBriefs established a "relationship representing" Doe, a partner at another large law firm who had expressed an openness to leaving that firm if the right opportunity presented itself. … Thus, LegalBriefs was demanding a material change to the contract, something it clearly reorganized Foley enjoyed the prerogative to accept or reject in its discretion.

Patterson v. Liberty Mutual Insurance

48 Mass. App. Ct. 586 · Massachusetts Appeals Court · Feb 18, 2000

That ruling was clearly erroneous and arbitrary. Only “documents included in the medical records” require objections at the conference level, 452 Code Mass. … Patterson makes no effort to demonstrate that the unintroduced reports would have qualified under the business records exception to the hearsay rule, see G.

South Street Nominee Trust v. Board of Assessors of Carlisle

70 Mass. App. Ct. 853 · Massachusetts Appeals Court · Dec 19, 2007

However, where, as here, the statutory language is not free of ambiguity, courts are bound to apply the “well-established principle that tax laws are to be strictly construed, and ambiguities in tax statutes are to be resolved … Although not expressly defined by the statute, “classification” is defined by a regulation to mean “the tax status attaching by operation of law to all land qualifying under [chapter 61,] which qualification is duly certified

United States v. Zolot

968 F. Supp. 2d 411 · District Court, D. Massachusetts · Sep 11, 2013

Caplan is not qualified to determine the cause of death. The contention that only a forensic pathologist or medical examiner is qualified to determine the ultimate cause of death is unpersuasive. … Articles on the subject of pain management note that the “norms of drug taking and the epidemiology of aberrant drug-taking behavior have not been clearly established.

Carney v. Attorney General

451 Mass. 803 · Massachusetts Supreme Judicial Court · Jul 15, 2008

In August, 2007, at least ten qualified voters filed the petition at issue here with the Attorney General. See art. 48, The Initiative, Part II, § 3. … Although the plaintiffs claim that banning dog racing would render their property valueless, that contention is clearly inaccurate.

Liviz Sr. v. Baker

District Court, D. Massachusetts · Feb 21, 2019

complaint sua sponte if the claims therein lack an arguable basis in law or in fact, fail to state a claim on which relief may be granted, or seek monetary relief against a defendant who is immune … The plaintiff must clearly identify each named defendant and state the specific allegations against each.

Rauseo ex rel. Suffolk/Medford Realty Trust v. Massachusetts Port Authority

16 Mass. L. Rptr. 770 · Massachusetts Superior Court · Aug 7, 2003

In response to this suggestion, I want to affirm Massport’s position, which was clearly stated in the June 20 letter. … There is nothing in the summary judgment record establishing that Massport, in any way, conveyed to CZM a position on the Trust’s petition other than as described in the June 20, 2001, letter.

Berry v. Commonwealth

Massachusetts Supreme Judicial Court · Mar 12, 2026

Ostrander, 441 Mass. 344, 354, cert. denied, 543 U.S. 867 (2004) (cross-examination of defendant's expert on voluntariness of confession "is an inadequate substitute for actual testimony from another qualified expert who … Nor has he included the record materials necessary to assess whether the motion judge's implicit finding on that point was clearly erroneous. See Sabree v.

In Re Robbins

119 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · Sep 11, 1990

This wording is crucial, for the same phrase is used in the section establishing the nature and value of a secured claim. … Section 506(b) draws the distinction even more clearly.

Harris-Lewis v. Mudge

60 Mass. App. Ct. 480 · Massachusetts Appeals Court · Feb 20, 2004

essentially, that the case was complex and intricate, and no clear consensus existed among numerous expert consultants; and that Mudge’s decisions were appropriate and in accordance with the appropriate standard of care for qualified … And more specifically, Mudge had testified in the first trial that “in terms of the basis of information that I had about the cause of [Lewis’s] potential cardiomyopathy, [Lewis’s disclosure] clearly changed my understanding

United States v. Jones

609 F. Supp. 2d 113 · District Court, D. Massachusetts · Jan 21, 2009

It has been long and clearly established that exculpatory information includes information that is potentially useful in impeaching government witnesses, as well as information that directly tends to negate guilt. … This conclusion is not qualified if it is assumed that the cruiser hit Jones’ bicycle and knocked him off, either accidentally or even deliberately.

Keller v. O'Brien

420 Mass. 820 · Massachusetts Supreme Judicial Court · Jul 24, 1995

In contrast, the defendant, who had com *822 pleted only two years of college prior to the marriage, had limited employability and was qualified for only unskilled, entry level positions at minimum wage. … Robbins, 343 Mass. 247, 252 (1961) (payor spouse did not establish that recipient spouse’s annulled remarriage resulted in change of circumstances that would justify modification of alimony obligation).

Iconics, Inc. v. Massaro

266 F. Supp. 3d 461 · District Court, D. Massachusetts · Jul 19, 2017

Iconics builds upon these arguments in its second motion, pointing to Zatarain’s deposition where he struggled to explain clearly how BaxEnergy’s source code supported his opinions. … Opinions as to Liability Kullberg is a damages expert-, and the parties agree he is not qualified to opine on technical matters outside his expertise.

Crown Communities, LLC v. Austin

Massachusetts Supreme Judicial Court · Jun 5, 2026

Fleet Nat'l Bank, 453 Mass. 366, 368 n.9 (2009) ("When a trial judge does not make a specific finding, an appellate court may consider stipulated facts, documentary facts, and facts that are not contested and clearly established … "[F]raudulent misrepresentation is sufficient to establish deception under G. L. c. 93A, § 11." H1 Lincoln, Inc. v. South Wash. St., LLC, 489 Mass. 1, 18 (2022).

Commonwealth v. Diemer

57 Mass. App. Ct. 677 · Massachusetts Appeals Court · Mar 27, 2003

Proponents of this view also cite the preamble to the treaty as “expressly disclaiming] the creation of any individual rights: ‘[T]he purpose of such privileges and immunities is not to benefit individuals but to ensure the … On redirect, the Commonwealth established that Hudson’s August statement to the police was consistent with his trial testimony.

Commonwealth v. Snow

363 Mass. 778 · Massachusetts Supreme Judicial Court · Jun 27, 1973

But then, I submit, the same immunity should extend to that customer's briefcase within his arm's reach, and by reasonable analogy, his overcoat on a hook on the wall. … United States, 331 U.S. 145 , which was later qualified in Chimel v. California, 395 U.S. 752 .

Commonwealth v. Terzian

61 Mass. App. Ct. 739 · Massachusetts Appeals Court · Aug 31, 2004

Here, clearly the first two requirements of the one-party exception were met. 6 The defendant finds issue with the third requirement. … From this evidence the motion judge could correctly conclude that the requisite organized crime nexus had been established.

Lexington Insurance v. CareCore National, LLC

32 Mass. L. Rptr. 445 · Massachusetts Superior Court · Jul 18, 2014

Moreover, Lexington was clearly aware of the issues of “relatedness” at the time since that issue was specifically flagged in its the reservation of rights letter it issued back in 2006 following CareCore’s notice to Lexington … Indeed, much of what Count v. seeks to recover is not for indemnity against liability but for defense costs, and it is well established that the duty to defend is much broader than the duty to indemnify.