Case law

Martin v. Janey

District Court, D. Massachusetts · Jun 2, 2021

Third, Martin’s claims against Boston Housing Court Judge MaryLou Muirhead appears barred by the doctrine of absolute judicial immunity. … It is well-established that adjudicatory functions are entitled to absolute judicial immunity. Zenon v. Guzman, 924 F.3d 611, 616 (1st Cir. 2019).

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

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).

Commonwealth v. Smith

459 Mass. 538 · Massachusetts Supreme Judicial Court · Apr 26, 2011

The Commonwealth thus clearly had established the *547 existence of gang involvement in the drug business operating from Higgs’s apartment and the existence of substantial tensions between gang members relating to that business … the presentment and indictment of a grand jury, in case of high offences, is justly regarded as one of the securities to the innocent against hasty, malicious and oppressive public prosecutions, and as one of the ancient immunities

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.”

Bournewood Hospital, Inc. v. Massachusetts Commission Against Discrimination

371 Mass. 303 · Massachusetts Supreme Judicial Court · Nov 4, 1976

The hospital further points out that when the Legislature believes that attorney’s fees should be awarded in a given case it clearly says so, citing as an example G. … This woman, although qualified to perform the job, had no previous experience at a psychiatric hospital, and was not required to serve any trial period before receiving the weekly salary just mentioned.

Michael Gerhardt and Lauren Seaverns v. Robert S. Burr; College Street Partners, LLC; 140 Commonwealth Avenue – Danvers, LLC; And Hawthorne Hill Development LLC

Massachusetts Superior Court · Jun 26, 2024

structing their employment compensation to be part salary (based on oral agreements) and part profit distributions from the two project (as defined in the written Participation Agreements); and (ii) Gerhardt and Seaverns would qualify … “Waiver must be shown clearly, unmistakably, and unequivocally.” Id., quoting Boston v. Labor Relations Comm’n, 48 Mass. App. Ct. 169, 174 (1999).

Touher v. Town of Essex

87 Mass. App. Ct. 837 · Massachusetts Appeals Court · Aug 10, 2015

Indeed, a case that ends in settlement does not qualify as "success" for the purposes of judicial estoppel. East Cambridge Sav. … The judge properly considered all the relevant factors, and his ultimate conclusion that the structures are affixed to the land is neither wrong as a matter of law nor clearly erroneous as a matter of fact.

Commcan, Inc., and Others v. Charlie Baker, in His Official Capacity as Governor of the Commonwealth of Massachusetts

Massachusetts Superior Court · Apr 27, 2020

The fact that the challenged orders were issued under the Governor's broad emergency powers does not mean that they are immune from judicial review. … Commissioner of Revenue, 453 Mass. 1, 10 , cert. denied, 129 S.Ct. 287 (2009). -16- against out-of-state economic interests are unconstitutional only if they impose "a burden on interstate commerce that 'is clearly excessive

Birnbrich v. New England Business Service, Inc.

16 Mass. L. Rptr. 557 · Massachusetts Superior Court · Jul 21, 2003

FACTS The record establishes the following facts, which are either undisputed or viewed in the light most favorable to the plaintiff. … She does not appear, in her brief, to maintain that either comment constituted direct evidence of discriminatory animus, and clearly, neither did.

Smith v. Blue Cross Blue Shield of Massachusetts, Inc.

597 F. Supp. 2d 214 · District Court, D. Massachusetts · Feb 12, 2009

, all services must be (1) “[ejssential to improve [the participant’s] health outcome and as beneficial as any established alternatives covered by this contract”; (2) “[a]s cost effective as any established alternatives”; … The Plan clearly covers only treatments that are “medically necessary” and “[f]urnished in the least intensive type of setting required.” 35 During the review process, three licensed physicians conducted separate reviews

Stacy v. Stacy

Massachusetts Appeals Court · Mar 13, 2020

To answer this question we must examine the State law at issue and the applicable Federal law, and then determine whether they are in conflict under the preemption standards established by the 3 The husband raised … Moreover, in so ruling the Court squarely rejected an argument that the language of the anti-attachment statute should be read more narrowly, as merely a restatement of "the Government's sovereign immunity from burdensome

Roberts

District Court, D. Massachusetts · Feb 10, 2026

The case caption of any amended complaint should clearly name each party she intends to sue. See Fed. R. Civ. P. 10(a). … If 1 To establish diversity jurisdiction, plaintiff must assert that the parties are citizens of different states, 28 U.S.C. § 1332(a)(1), and that the amount in controversy in this action exceeds $75,000. 28 U.S.C.

Welker v. Welker

325 Mass. 738 · Massachusetts Supreme Judicial Court · May 4, 1950

that precludes the petitioner here, a nonresident husband, from seeking relief against his wife who, since going through a marriage ceremony in 1947 with another man, has since been living with him in a home which he has established … After a full and fair trial of that issue the judge found that she had no domicil in Florida, and an examination of the evidence does not show that he was plainly wrong but demonstrates that he was clearly right.

Brilmyer v. University of Chicago

431 F. Supp. 2d 154 · District Court, D. Massachusetts · May 5, 2006

As noted, the Insurance Certificate states clearly that a change in enrollment is not effective until “TIAA approves your proof of good health.” … This alone does not establish a conflict of interest.

In Re Gillis

333 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · Oct 14, 2005

The Debtor has established that he will likely be able to satisfy the loan-to-value requirement. … MERS makes no normal objection on the basis of lack of adequate protection, but adequate protection considerations clearly inform its objection under § 1322(b)(5) and its argument in general.

Commonwealth v. Jules

464 Mass. 478 · Massachusetts Supreme Judicial Court · Mar 7, 2013

The record established, without contradiction, that the translator had provided translation services for the Brockton police department on prior occasions. … In the circumstances, we discern no reason to disturb the judge’s determinations that, on the record before him, are not clearly erroneous.

In re Cobb

445 Mass. 452 · Massachusetts Supreme Judicial Court · Dec 8, 2005

established when the respondent filed the claim, it was clear that a violation of a disciplinary rule did *461 not establish a basis for civil liability. … Judges are not above criticism or immune from review of their court room conduct. See, e.g., Commonwealth v. Sylvester, 388 Mass. 749, 750-752 (1983); Matter of Troy, 364 Mass. 15 (1973).