Case law

In re Wilcox

94 F. 84 · District Court, D. Massachusetts · Apr 29, 1899

This statute, while re-establishing the right of the petitioning joint creditor to receive a dividend out of the separate estate equally with the separate creditors, would seem clearly to abolish the other exception to the … to general equity, and then to limit and qualify it by a number of arbitrary exceptions, in order to meet the particular equities of particular cases.

In Re Ponn Realty Trust

4 B.R. 226 · United States Bankruptcy Court, D. Massachusetts · May 9, 1980

Hence the debtor con: ludes that if the debt- or Trust qualifies as “person” under the Code, then it is a per entity for relief under Chapter 11. … Clearly, the Code does not explicitly exclude a Chapter 11 proceeding for a single-family residence, however, that in and of itself does not conclusively establish the converse. It is but the first step.

Hunneman Real Estate Corp. v. Norwood Realty, Inc.

54 Mass. App. Ct. 416 · Massachusetts Appeals Court · Apr 9, 2002

Where intention is clearly stated or evident, the analytical focus generally turns to whether the inchoate or unresolved aspects of the parties’ agreement are “essential” or “material.” … The express covenant to “negotiate the full purchase and sale agreement and consummate the agreements contemplated” in the letter of intent is not qualified by a disclaimer as was that in Schwanbeck v.

Tewhey v. Bodkins

29 Mass. L. Rptr. 490 · Massachusetts Superior Court · Jan 6, 2012

Later, on May 2, 2011, Tewhey, himself, recorded a declaration of homestead with respect to the Property, noting that he qualified as an elderly person under the homestead statute. … Testimony at trial in this case established that the default judgment was obtained upon claims of legal malpractice and violations of G.L.c. 93A.

Baird v. Attorney General

371 Mass. 741 · Massachusetts Supreme Judicial Court · Jan 25, 1977

However, in all of these cases, parental consent was obtained, and, in some cases, judicial approval of the operation was granted where the minor *753 donor clearly was not one capable of granting an informed consent to the … What standards, if any, does the statute establish for a parent to apply when considering whether or not to grant consent? “a) Is the parent to consider ‘exclusively. .. what will serve the child’s best interest’?

Jimenez v. Health Alliance Hospitals, Inc.

25 Mass. L. Rptr. 173 · Massachusetts Superior Court · Feb 13, 2009

The jury’s determination that the defendant’s employee was not negligent is clearly against the weight of the evidence. … Evangelista, a clear picture emerges that points clearly in the direction of Tracy Snowden’s negligence.

Stornanti v. Commonwealth

389 Mass. 518 · Massachusetts Supreme Judicial Court · Jun 20, 1983

Finally, he argued that, in the absence of a grant of immunity, compliance with the subpoena would violate his rights under both Federal and State Constitutions. 4 On appeal, Stornanti claims that he could not have been required … Our ruling in Hughes is clearly inapplicable to this case. Unlike the defendant in Hughes , Stornanti has voluntarily agreed to enter the Medicaid program.

Anush Gauthier v. Ramblewild, LLC.

Massachusetts Appeals Court · Nov 19, 2025

Adults who enter the adventure park clearly and unambiguously fall within the broad definition of "participant" in the first paragraph, and the release language in the fourth paragraph applies broadly to all participants … Ct. 90, 94 (2011) ("established dictionaries can furnish the approved natural meaning of disputed terms"). When used as an adverb, "further" means "in addition," Webster's Third New Intl.

Petition of the New England Home for Little Wanderers

367 Mass. 631 · Massachusetts Supreme Judicial Court · May 5, 1975

The mother perceives the two criteria or tests as separate and distinct, with each to be applied in certain clearly defined circumstances. … To the factors “ability, capacity and fitness” was added “readiness ... to assume parental responsibility,” and a “presumption” was established that “the best interests of the child” would be served by dispensing with the

In Re Standard Financial Management Corp.

77 B.R. 324 · United States Bankruptcy Court, D. Massachusetts · Jul 16, 1987

Otherwise, immunity is too easily obtained for damaging documents and the facts contained therein, by simply deliberately arranging an accidental disclosure. … In this criminal matter pending before the Grand Jury, the individual was clearly encouraged to produce more documents.

One to One Interactive, LLC v. Landrith

18 Mass. L. Rptr. 85 · Massachusetts Superior Court · Jul 8, 2004

In the term sheet, the parties clearly stated all the material contractual commitments to which they were binding themselves and, just as clearly, they eachfor a time at least followed those commitments. … The parties mutually acknowledge that their agreement is qualified and that they, therefore, contemplate the drafting and execution of a more detailed agreement.

Commonwealth v. Fret

17 Mass. L. Rptr. 279 · Massachusetts Superior Court · Feb 18, 2004

This is sufficient to establish that actual force was used. See Commonwealth v. … “In our opinion this was clearly sufficient, particularly in the circumstances of an ongoing robbeiy, to cause the victim reasonable apprehension with respect to his physical security.” Id. at 437 .

King v. LONG BEACH MORTGAGE COMPANY

672 F. Supp. 2d 238 · District Court, D. Massachusetts · Dec 9, 2009

Further, being an assignee of the FDIC does not give Chase any special immunity from section 1641(c). … TILA requires that creditors “clearly and conspicuously” disclose the consumer’s right to rescind. 15 U.S.C. § 1635 (a).

Ferreira v. Duval

887 F. Supp. 374 · District Court, D. Massachusetts · May 12, 1995

It is well established that the due process clause entitles prisoners to “adequate law libraries or adequate assistance from persons trained in the law.” Bounds v. … The Court does not address the issue of qualified immunity which was not raised by defendants.

O'Connell v. Gross

District Court, D. Massachusetts · Apr 10, 2020

Furthermore, the complaint fails to implicate either of the exceptions to that immunity. It is well-settled law that the “enactment of § 1983 did not abrogate the Eleventh Amendment immunity of the states.” … Gen Laws ch. 29, § 2LLL (establishing Firearms Fingerprint Identity Verification Trust Fund to support state police background check system).

Licata v. GGNSC Malden Dexter LLC

466 Mass. 793 · Massachusetts Supreme Judicial Court · Jan 13, 2014

In so doing, we review questions of law de novo and defer to the motion judge’s findings of fact unless clearly erroneous. See Sheriff of Suffolk County v. … be unreasonable to recognize a wider scope of authority for a responsible party, not appointed by the principal, than exists for a health care agent, designated by the principal. 5 Thus, even assuming that Salvatore *801 qualified

Cornelius v. Minter

395 F. Supp. 616 · District Court, D. Massachusetts · Dec 20, 1974

It is clear *621 that while the states have wide latitude in designing their particular programs, there are certain immutable requirements which they must meet to qualify for federal money and to maintain this eligibility … Clearly, welfare recipients’ needs are as crucial on a continuing basis as they are at the time of initial processing. Adens v.

In Re Miraj and Sons, Inc.

192 B.R. 297 · United States Bankruptcy Court, D. Massachusetts · Feb 16, 1996

The First Commitment Letter was clearly executed by both parties contemporaneously with the Note. … This letter also establishes a bar date of 90 days from the date of the letter or the postmark, whichever is later, for filing claims resulting from the disaffirmance. Id.

Soares v. Law Offices of Liu & Associates

2011 Mass. App. Div. 96 · Massachusetts District Court, Appellate Division · May 4, 2011

Liu (“Liu”) established his law firm in 1987 and practiced exclusively in immigration. He maintains law offices in Newark, New Jersey, New York City, and Cambridge, Massachusetts. … In an attorney-client relationship, the attorney has a professional duty not to advance a claim that cannot as a matter of clearly stated law be achieved.

Commonwealth v. Hearns

467 Mass. 707 · Massachusetts Supreme Judicial Court · Apr 8, 2014

He argued that the evidence was insufficient to establish that the shooting of the victims was a “designated offense” occurring in “connection with organized crime” as defined in G. … As the motion judge found, the police immediately understood that statement as the defendant “clearly and unequivocally asserting] his rights.”