Case law

Commonwealth v. Philip J. Marquis

Massachusetts Supreme Judicial Court · Mar 11, 2025

These principles have a well-established corollary in the context of standing to challenge the Commonwealth's firearm licensing scheme. … period to nonresidents would effectively nullify the licensure requirement for nonresidents, since any nonresident physically present in the Commonwealth for less than a sixty-day period would presumably thereby become immune

Rudow v. Fogel

12 Mass. App. Ct. 430 · Massachusetts Appeals Court · Sep 17, 1981

The plaintiff, a passenger in the car driven by her husband, brought an action against him for damages, and he defended on the ground of interspousal tort immunity. … Massachusetts is interested in establishing for its domiciliaries the obligations of family members to one another. New York has a similar interest for its *437 domiciliarles.

Almeder v. Town of Bourne

922 F. Supp. 2d 160 · District Court, D. Massachusetts · Feb 6, 2013

Generally speaking, to establish a prima facie case, the plaintiff must show that: (1) he is a member of a protected class, (2) he was qualified for the job, (3) the employer took an adverse employment action against him, … The employer must clearly articulate a non-discriminatory reason for the termination that is legally sufficient to justify a judgment for the employer. Tex. Dep’t of Comm. Aff. v.

Kury v. Calechman

23 Mass. L. Rptr. 200 · Massachusetts Superior Court · Feb 14, 2007

Clearly, an express contract for legal services was not consummated between Kuiy and Calechman. Kuiy argues sufficient factual circumstances exist to support an implied attorney-client relationship. … To qualify for the foreseeable reliance exception, two requirements must be met. First, a duty is only owed to non-clients “who the attorney knows will reasonably rely on the services rendered.” Robertson v.

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.

Eldridge v. Provident Companies

11 Mass. L. Rptr. 413 · Massachusetts Superior Court · Feb 15, 2000

In such circumstances, Allison clearly suggests that class certification should not fail merely because incidental damages were included in plaintiffs’ demand for judgment. … Furthermore, counsel for the prospective class are experienced and qualified in class litigation and, as defendants conceded in oral argument upon the instant motion, there is no suggestion that said counsel will not fairly

Commonwealth v. Apalakis

396 Mass. 292 · Massachusetts Supreme Judicial Court · Dec 9, 1985

L. c. 267, § 1, establishes four alternate bases of liability and indicates that false making and forgery are not synonymous. … This language clearly is dictum, and does not bind us.

Doherty v. Planning Board of Scituate

467 Mass. 560 · Massachusetts Supreme Judicial Court · Mar 21, 2014

Board of Appeal of Billerica, 454 Mass. 374, 383 (2009) (Wendy’s) (on appellate review, judge’s factual findings will not be set aside unless clearly erroneous or where there is no evidence to support them). … Ct. 453 , 456 n.9 (2006) (local zoning decisions do not necessarily qualify as final determinations for issue or claim preclusive effect because of various provisions of Zoning Act that bear on finality).

Betty Gibson, Inc. v. Professional Advantage Financial Group, Inc.

1993 Mass. App. Div. 83 · Massachusetts District Court, Appellate Division · Apr 23, 1993

Coe advised Redler that based on the financial information he had submitted and subject to its verification, Redler would qualify for a loan of approximately $78,000.00. … His submission of bank statements and other financial documentation after April 25,1991 establishes his recognition of both the existence of, and his obligation to comply with, the Additional Conditions.

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.

Jean-Baptiste v. Thompson

241 F. Supp. 3d 226 · District Court, D. Massachusetts · Mar 15, 2017

Taylor, 529 U.S. 362, 412 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000) (“In this context, ‘clearly established law5 signifies ‘the holdings, as opposed to the dicta’ ” of Supreme Court decisions.)). … In his brief, the petitioner argues that the government did not establish this fact because the only evidence of his involvement in the crime was the' testimony of Noel, who was given immunity in exchange for his testimony

City of Boston School Committee v. Boston Teachers Union, Local 66

22 Mass. L. Rptr. 15 · Massachusetts Superior Court · Nov 30, 2006

General Laws c. 71, §37 mandates that the School Committee “establish educational goals and policies ... consistent with the requirements of law and statewide goals and standards established by the board of education.” … Further, the School Committee has failed to demonstrate that its alleged policy of withholding student names from student witness statements is an exclusive management prerogative, immune from arbitration.

Autor v. Auto Imports, Inc.

29 Mass. App. Dec. 13 · Massachusetts District Court, Appellate Division · Jul 10, 1964

The purchaser, qualified to testify as to car values, testified that the fair market value of the car on November 7, 1961 was $1,351.00 and that it was the same value on March 24, 1962. … Had the judge ruled that the evidence did not warrant a finding for plaintiff, he would have been clearly wrong. His granting of these requests indicates that he understood this.

Bishay v. Ricciuti

District Court, D. Massachusetts · Dec 15, 2021

to abolish this long-established principle, Ta, at 355-56 (citations omitted) (internal quotation marks omitted). … Bishay clearly feels his rights have been violated from incidents that occurred many years ago.

Cabi v. Boston Children's Hospital

161 F. Supp. 3d 136 · District Court, D. Massachusetts · Feb 12, 2016

L. c. 149 § 185 because Defendants do not qualify as employers under the statute. Mass. Gen. … Based on the plain language of the statute, none of the Defendants qualify as an “employer” under the controlling definition.

Degnan v. Publicker Industries, Inc.

42 F. Supp. 2d 113 · District Court, D. Massachusetts · Mar 19, 1999

In our view, such claims clearly do not require allegations and proof of conduct as egregious as that of the defendant Varity Corporation. Degnan’s reliance on Fitzgerald v. … On the other hand, defendants’ state of mind on May 14 and June 10, 1992, when misinforming plaintiff, is clearly material.

INTERNATIONAL SALT CO., LLC v. City of Boston

547 F. Supp. 2d 62 · District Court, D. Massachusetts · Apr 18, 2008

While the City argues that this provision clearly states that the 75,000 ton figure was only an estimate, ISCO contends that the bidding documents state otherwise. … Even if the court were inclined to apply equitable estop-pel to the instant matter, ISCO would not qualify.

Salem v. Stoneham Police Department

District Court, D. Massachusetts · Sep 27, 2024

The Town argues that the “record was clear that the controlling, most current policy clearly stated that a use of force report was not required for the mere display of a firearm.” [Dkt. 60 at 15]. … abrogate immunity.”).

LAUREN WOODWARD v. BOARD OF REGISTRATION IN NURSING & Another.

Massachusetts Appeals Court · Dec 31, 2025

statutorily immunized from the plaintiff's claims under the defense set forth in G. L. c. 149, § 105A (d). … A self-evaluation that is conducted so as to achieve certain pre-determined results [i.e., to find no disparities] or to justify known disparities likely will not qualify as good faith"). See also Garcia v.

Commonwealth v. Perry

65 Mass. App. Ct. 624 · Massachusetts Appeals Court · Mar 2, 2006

Through cross-examination and argument, the defendant attempted to establish a defense of misidentification. … Requiring a period of commitment eliminates from consideration any prior offenses for which an otherwise qualifying prison term is suspended.