Case law

Whiting v. Smith

30 Mass. 364 · Massachusetts Supreme Judicial Court · Oct 15, 1832

It has a prescriptive claim to our respect, and should not be abrogated unless it can be clearly shown to be in violation of established principles of law, inconvenient in practice, or subversive of the ends of justice. … And whether it was, when adopted, well supported by authority or not, it is now an established. rule, and we have no disposition to change it.

Zoning Board of Appeals v. Sugarbush Meadow, LLC

464 Mass. 166 · Massachusetts Supreme Judicial Court · Jan 14, 2013

The latter regulation, however, clearly states, “Legal fees for general representation of the Board or other Local Boards shall not be imposed on the Applicant.” Id. … Because the project in this case proposed building precisely 150 housing units, and because the change to the definition of a “large project” did not apply, the project here did not qualify as a “large scale project.”

Commonwealth v. Burgess

450 Mass. 422 · Massachusetts Supreme Judicial Court · Jan 11, 2008

They concerned a proper subject of expert testimony, as they asked the qualified witness to express an opinion based on the shape and placement of the wounds. … TypicaIly, a statement must first be evaluated for admissibility under normal evidence rules, i.e., whether it qualifies as a hearsay exception.

Ferring Pharmaceuticals Inc. v. Braintree Laboratories, Inc.

38 F. Supp. 3d 169 · District Court, D. Massachusetts · Aug 4, 2014

Ultimately, whether information qualifies as a trade secret “depends on the conduct of the parties and the nature of the information.” Id. … In contrast, Braintree asserts that the challenged claims are “non-establish *185 ment claims.” A non-establishment claim is a “general claim of superiority.” Id.

Chelsea v. New England Police Benevolent Association, Inc., Local 192

Massachusetts Supreme Judicial Court · Mar 8, 2023

It is negotiated in a highly regulated environment that determines the certification and decertification of unions and establishes bargaining obligations of unions and employers. … The first question is clearly not disputed in the instant case.

Cape American Cranberry Corp. v. Bourne Conservation Commission

12 Mass. L. Rptr. 206 · Massachusetts Superior Court · Jul 10, 2000

The DEP issued a Final Decision on July 13, 1999, finding that Cape American’s bogs qualified for the agricultural exemption, but the exemption was limited in scope to the “limits of the cranberry bogs as shown on plans entitled … The intent of this act is to establish a uniform definition to assist the agricultural community in complying with the Wetland Protection Act and reducing the current uncertainty that exists.

Commonwealth v. Massachusetts Turnpike Authority

349 Mass. 1 · Massachusetts Supreme Judicial Court · Apr 6, 1965

It also clearly expresses the legislative understanding that compensation was to be paid to the Commonwealth for the armory. We hold that the taking was valid. *5 2. … It is very clear, that the [C] ommonwealth, by an act of legislation, in express terms, may grant its lands, or any qualified interest or easement in land.

City of Boston v. Hills

420 F. Supp. 1291 · District Court, D. Massachusetts · Sep 30, 1976

DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT It is axiomatic that a motion for summary judgment should be granted only when all the facts entitling the moving party to judgment are admitted or clearly established. Adickes v. … Clearly, if, pursuant to 24 C.F.R. 403, a mortgagor receives approval for a rent increase, the rent thereafter charged for the subject unit is a “lawful” rent under the federal regulations.

Commonwealth v. Phoenix

409 Mass. 408 · Massachusetts Supreme Judicial Court · Feb 28, 1991

The defendant clearly does not have the burden of proving an alibi. See Commonwealth v. Berth, 385 Mass. 784, 789 (1982). … Neither of these findings was required to establish the defendant’s guilt.

Flaherty v. Thomas

94 Mass. 428 · Massachusetts Supreme Judicial Court · Jan 15, 1866

as it is inconsistent with the new law, does not prescribe a suitable punishment for such a crime, and is not fit to be continued in force; and therefore the later statute, laying down a new rule, in the absence of any qualifying … old law cannot be resorted to after the new law has taken effect, for the punishment of an offence committed before the passage of the latter, even if the offender has been already convicted by the verdict of a jury, is clearly

Rogers v. Wigglesworth

7 Mass. L. Rptr. 145 · Massachusetts Superior Court · Jul 23, 1997

An amount equal to the maximum amount qualifying for the marital deduction would be deposited in the A Trust. … establishing a contrary intent.

Flag Fables, Inc. v. Jean Ann's Country Flags & Crafts, Inc.

753 F. Supp. 1007 · District Court, D. Massachusetts · Dec 17, 1990

The answer clearly is no. Plaintiff further contends that because plaintiff registered its flag designs with the U.S. … Craven has been qualified to answer that question. THE COURT: I don’t think she is qualified as a scientific survey taker, either. MR. HOLLAND: That’s right. MR.

Lydia D. v. Payzant

17 Mass. L. Rptr. 272 · Massachusetts Superior Court · Dec 30, 2003

Once the child establishes residency, however, the school system must admit the child to its schools. … Contompasis does not explicitly say that he also relied on the fact that the school had found Andrew’s cell phone and that it listed a “781" area code number for "Home," although he mentions it in his affidavit and it clearly

LeBoeuf v. Ramsey

503 F. Supp. 747 · District Court, D. Massachusetts · Sep 16, 1980

441 U.S. 600, 617-618 , 99 S.Ct. 1905, 1915 , 60 L.Ed.2d 508 (1979) (“one cannot go into court and claim a ‘violation of § 1983’ — for § 1983 by itself does not protect anyone against anything”; “[s]tanding alone, § 1983 clearly … Surely this cannot be so when the mere existence of the height requirement might be expected to discourage otherwise qualified women from taking the civil service exam because of a self-recognized inability to meet the height

N.A.A.C.P., Boston Chapter v. Kemp

721 F. Supp. 361 · District Court, D. Massachusetts · Sep 14, 1989

First, the agency did not require the City to establish an effective fair housing enforcement program in the face of its knowledge of pervasive racial discrimination in the City. … action challenging HUD approval of a block grant was not mooted by the fact that the grantee had already received and expended the funds, since the grantee could be obliged to satisfy goals not met in the past in order to qualify

Heins v. Wilhelm Loh Wetzlar Optical Machinery GmbH & Co. KG.

26 Mass. App. Ct. 14 · Massachusetts Appeals Court · May 11, 1988

United States; it does not pay Federal or Massachusetts income taxes; it owns no property in Massachusetts; it is not registered or qualified to do business in Massachusetts; and it maintains no banking relations here. … As a result, the statutory standard has not always been clearly and separately defined. See and compare “Automatic” Sprinkler Corp., 361 Mass. at 442-443 ; Droukas v.

Briggs v. Murdock

30 Mass. 305 · Massachusetts Supreme Judicial Court · Oct 15, 1832

This appears by the town record, and it is competent and abundantly sufficient evidence to establish the fact, that the plaintiff was duly sworn into office. … They were also duly qualified, as the clerk testifies, and as, for reasons given by him, the minutes of the administering of the oath were never recorded, parol evidence to prove the fact was competent. Bassett v.

Mattoon v. City of Pittsfield

56 Mass. App. Ct. 124 · Massachusetts Appeals Court · Sep 27, 2002

Our review, as in any case where the judgment is based on findings of fact under rule 52(a), is under the clearly erroneous standard. See Smith & Zobel, Rules Practice § 41.10 (1977). … These inferences are not enough here to establish causation in the absence of expert testimony. See Enrich v.

Alsabti v. Board of Registration in Medicine

404 Mass. 547 · Massachusetts Supreme Judicial Court · Apr 10, 1989

Along the way, other more qualified individuals are deprived of an opportunity to fairly compete. In the end, the quality of medical care may suffer.” … The board was clearly justified in assessing as serious Alsabti’s disregard at that time for basic fairness to competitors and for the possible consequences to patients who might be exposed to medical treatment by physi *

Murphy v. Baker

District Court, D. Massachusetts · Mar 29, 2019

jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws [of the United States].’” Bellville v. … These allegations are clearly sufficient at this stage.