Case law

Defosse v. Bowen

670 F. Supp. 1078 · District Court, D. Massachusetts · Oct 2, 1987

Despite plaintiff’s testimony, the ALJ found that the claimant’s “assertions of pain, when correlated to the physical findings and clinical features, clearly demonstrate that the complaints appear to be far out of proportion … As the Court of Appeals for the First Circuit recently stated, “[t]he mere existence of evidence in addition to that submitted before the hearing examiner will not constitute sufficient cause for remand____ Rather, to qualify

Smith v. Chase Enterprises Corporation

District Court, D. Massachusetts · Sep 23, 2024

Rather, the goggles, which were introduced as a physical exhibit at trial, are clearly polarized, as stated on the lens. … DISCRETIONARY FUNCTION IMMUNITY The United States is generally immune from suit without its consent. See Evans v. United States, 876 F.3d 375, 380 (1st Cir. 2017).

Custody of Brandon

407 Mass. 1 · Massachusetts Supreme Judicial Court · Mar 15, 1990

By proceeding to the merits of the custody petition, the Probate Court clearly did not decline to exercise its power of jurisdiction. Therefore, § 2 (a) (4) does not apply to this case. … and (i) the child has been abandoned or (ii) it is necessary in an emergency to protect the child from abuse or neglect or for other good cause shown, provided that in the event that jurisdictional prerequisites are not established

Sea Heights Resident Ass'n v. Tringale

8 Mass. L. Rptr. 358 · Massachusetts Superior Court · Oct 31, 1997

This clearly falls within the constitutional right to petition. … Tringale argues to the contrary that this litigation does not qualify for protection under the Act.

Chandler v. Raytheon Employees Disability Trust

53 F. Supp. 2d 84 · District Court, D. Massachusetts · Jun 11, 1999

An employee may receive full disability benefits for the first two years of disability, at the end of which payments terminate unless the employee qualifies for total disability benefits. B. … If the plan clearly gives such discretionary authority, then the administrator’s decisions are subject to “a deferential ‘arbitrary and capricious’ standard of judicial review.” Recupero v. New England Tel. & Tel.

Taunton Greyhound Ass'n v. State Racing Commission

10 Mass. App. Ct. 297 · Massachusetts Appeals Court · Jul 18, 1980

The principle of that case is that an agency cannot deviate from an established pattern of conduct with *303 out setting out the reasons for the deviation. … ]here the statute regulates evenhandedly to effectuate a legitimate *307 local public interest, and its effects on interstate commerce are only incidental, it will be upheld unless the burden imposed on such commerce is clearly

Hill v. Hall

191 Mass. 253 · Massachusetts Supreme Judicial Court · Mar 7, 1906

All the shares in its capital stock not issued to qualify directors, all its bonds and all its cash (namely, cash derived from stock issued to qualify directors not spent), had been issued and transferred to one William E … But the issue also is clearly raised whether the plaintiff is not entitled to relief upon the grounds which we.already have stated.

Muchnick v. BAY ST. HARNESS HORSE RACING & BREEDING

341 Mass. 578 · Massachusetts Supreme Judicial Court · Jan 3, 1961

Another reason why the title does not indicate an unconditional maturity date of June 1, 1954, is that such a construction would ignore the words "except as hereinafter provided" in the paragraph qualifying the efficient … In that event, the insuring clause itself would fully, completely and definitely fix the extent of the coverage, and the insured would have to prove that the loss arose from a risk included in the coverage as thus established

Chase v. Pevear

383 Mass. 350 · Massachusetts Supreme Judicial Court · Apr 9, 1981

Such an opinion is suggestive, but falls short of establishing that the judge’s finding was clearly erroneous. c. Standard of review of the master’s findings. … Those findings are not clearly erroneous.

Abdow v. Attorney General

468 Mass. 478 · Massachusetts Supreme Judicial Court · Jun 24, 2014

The act authorized the commission to award three licenses to qualified applicants to operate gambling casinos with table games and slot machines (category 1 or casino license), and another license to operate a gaming establishment … The summary clearly captures the “sum and substance” of the measure in this regard. Sears, 327 Mass. at 324 . No additional level of detail is needed.

Genesis Strategies, Inc. v. Pitney Bowes, Inc.

50 F. Supp. 3d 59 · District Court, D. Massachusetts · May 16, 2014

“Although whether a particular set of acts, in their factual setting, is unfair or deceptive is a question of fact, the boundaries of what may qualify for consideration as a [Chapter] 93A violation is a question of law.” … His affidavit does not contain clearly contradictory answers to unambiguous *64 questions, and his statements may be evaluated in response to the wineglass shape. .

Biogen IDEC MA, Inc. v. Treasurer & Receiver General

454 Mass. 174 · Massachusetts Supreme Judicial Court · Jul 2, 2009

The uncashed accounts payable checks may fall within the outstanding credit balance exemption under the original regulations, but indisputably do not qualify for the outstanding credit balance exemption under the amended … We reject the Treasurer’s contention that legislative intent to treat credit balances and checks differently pursuant to c. 200A is clearly established by *189 G.

Cofman v. Acton Corp.

768 F. Supp. 392 · District Court, D. Massachusetts · Jul 30, 1991

Does it ask a “subjective” question — a state-of-mind question about what the author intended the meaning to be, regardless of how clearly or unclearly that meaning was expressed? … Instead, the court applies the principle that a literal interpretation of a word or phrase may be qualified by the context in which it appears, by the general purpose manifested by the entire contract, and by the circumstances

Commonwealth v. Ocasio

71 Mass. App. Ct. 304 · Massachusetts Appeals Court · Feb 29, 2008

While he was clearly at the threshold of the apartment, the record contains no evidence of any protest or objection, despite the fact that not one, but two searches occurred while he stood at the door. 6 He argues on appeal … As a result of his silence at the time of search, we need not address whether his status would have qualified him for the protection afforded a cotenant in Georgia v. Randolph, supra, if he had in fact objected.

Trustees of Andover Theological Seminary v. Visitors of the Theological Institution

253 Mass. 256 · Massachusetts Supreme Judicial Court · Sep 18, 1925

All those qualifying words at that time had a signification more sharp and distinctive than now. Each of those qualifying words occurs in one or more of the instruments on which the seminary was established. … A reading of the Andover creed and of the Westminster Assembly’s Shorter Catechism, and giving the words used their common meaning, shows clearly that the disobedience, sin or fall of Adam constitute an important, if not

Miara v. First Allmerica Financial Life Insurance

379 F. Supp. 2d 20 · District Court, D. Massachusetts · Jun 16, 2005

Grey, Make Congress Speak Clearly: Federal Preemption of State Tort Remedies, 77 B.U. … The "practical impact” of ERISA preemption would indeed "immunize” insurance agents and agencies from liability. Id. at 55 .

Estock v. City of Westfield

806 F. Supp. 2d 294 · District Court, D. Massachusetts · Jul 26, 2011

Browning-Ferris Indus., 427 Mass. 1 , 691 N.E.2d 526, 528 (1998) (“[T]o establish a prima facie case of unlawful employment discrimination on the basis of handicap under [Mass. Gen. … Analysis of the second prong, while unnecessary given the court’s ruling on the first, demonstrates this point even more clearly.

Campanile v. Suffolk Construction Co.

1 Mass. L. Rptr. 486 · Massachusetts Superior Court · Feb 4, 1994

The plaintiffs would have this court establish different accrual dates for each of the complained-of defects. … These six defects, then, are clearly barred by the three-year limitation period found in G.L.c. 160, §2B.

Pinnick v. Cleary

360 Mass. 1 · Massachusetts Supreme Judicial Court · Jun 29, 1971

The purpose of the Legislature in fimiting recovery in this way was clearly to eliminate minor claims for pain and suffering. … It should be noted in addition that in defined cases where he is clearly culpable, the injured party is denied benefits under c. 670.

Haidak v. Collagen Corp.

67 F. Supp. 2d 21 · District Court, D. Massachusetts · Oct 8, 1999

Collagen Corp., 967 S.W.2d 360, 376 (Tex.1998), establishes that the products at issue here meet the required specificity. … Thus, while four justices of the Court indicated that, “[ujsing the term requirement, Congress clearly signaled its intent not to deprive States of any role in protecting consumers from the dangers inherent in many medical