Case law

Phyllis Ndoro v. Maritza Torres

Massachusetts Appeals Court · Dec 11, 2024

. §§ 410.000 (2007) (establishing minimum standards for fitness for human habitation). … We accept the judge's findings of fact unless clearly erroneous, but we "scrutinize without deference the legal standard which the judge applied to the facts." Andover Hous. Auth. v.

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. McGhee

472 Mass. 405 · Massachusetts Supreme Judicial Court · Aug 13, 2015

Tyshaun established prices of one hundred dollars for thirty minutes of sex, and $150 for one hour of sex. … Watler testified at trial pursuant to a grant of immunity. See G. L. c. 233, § 20E. She described her work as a dancer and an escort.

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

Stone Ex Rel. Estate of Stone v. Frontier Airlines, Inc.

256 F. Supp. 2d 28 · District Court, D. Massachusetts · Apr 17, 2002

Grey, Make Congress Speak Clearly: Federal Preemption of State Tort Remedies, 77 B.U. … Field Preemption To qualify for field preemption, a Congressional scheme must be so pervasive as to “disallow[ ] concurrent state operation or supplementation.” Id. at 68.

Pimentel v. City of Methuen

District Court, D. Massachusetts · Dec 9, 2019

Defendants moved to dismiss the complaint for failure to state a claim and to dismiss all claims against the individual defendants on the basis of qualified immunity. … For both Rule 23(a) and 23(b), plaintiff must establish each of the elements; failure to establish any one will defeat class certification. See Smilow v.

J & R Investment, Inc. v. City Clerk

28 Mass. App. Ct. 1 · Massachusetts Appeals Court · Nov 2, 1989

The board’s further vote of May 22, 1986, whether or not it would qualify as a determi *6 nation that subdivision approval was required, was too late. … Although there is no statutory or other clearly defined time limit within which an action in the nature of mandamus must be brought, one may not delay unreasonably. See Hill v.

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.

Cranshaw Construction of New England, L.P. v. International Ass'n of Bridge, Structural & Ornamental Ironworkers, Local No. 7

891 F. Supp. 666 · District Court, D. Massachusetts · May 19, 1995

Cranshaw does not explain, however, how the fee qualifies as an injury for which § 303 provides a remedy. e. … Finally, I find that a seven-day delay in construction completion was not established.

In the Matter of Zak

Massachusetts Supreme Judicial Court · Apr 10, 2017

Although the rule does not categorically proscribe collection of advance fees, it expressly prohibits lawyers from "collect[ing] an illegal or clearly excessive fee." … The advertisements additionally misrepresented that the respondent "sued the bank in every case," and that he would "pre-qualify" clients for Federal mortgages at no cost, when the clients were

Shear v. Gabovitch

43 Mass. App. Ct. 650 · Massachusetts Appeals Court · Oct 14, 1997

trusts were established. … Qualifying the general principle that a trustee has an overriding duty of undivided loyalty to the trust beneficiaries and should avoid obligations that might conflict with that duty, see Jose v.

Commonwealth v. Merola

405 Mass. 529 · Massachusetts Supreme Judicial Court · Aug 8, 1989

We held, accordingly, that the defendant’s guilt was not adequately established in either case. … The exception clearly does not apply in the instant case, and constitutional considerations are not implicated. It is helpful to review the prior proceedings on this issue.

Brumbaugh v. Wave Systems Corp.

416 F. Supp. 2d 239 · District Court, D. Massachusetts · Jan 11, 2006

Defendants assert that Greebel established a rule in this circuit “that an alleged motive and opportunity, without more, cannot establish a strong inference of scien-ter.” 14 In fact, Greebel explicitly rejected the argument … In re Immune Response Sec. Litig., 375 F.Supp.2d 983, 1025 (S.D.Cal.2005).

Coastal Oil New England, Inc. v. Citizens Fuels Corp.

38 Mass. App. Ct. 26 · Massachusetts Appeals Court · Jan 6, 1995

That section requires that creditors be given notice, either personally or by registered or certified mail, at least ten days prior to a sale qualifying as a bulk transfer. … Coastal contends that this finding is clearly erroneous and against the weight of the evidence.

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

Strahan v. AT&T Mobility LLC

270 F. Supp. 3d 535 · District Court, D. Massachusetts · Sep 13, 2017

Accordingly, because the complaint fails to set forth factual allegations establishing the material elements necessary to establish a claim against the Galleria under § 1983, the motion to dismiss will be granted. III. … That is insufficient to establish the good cause required under Rule 16, V.

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

Butler v. Russell

4 F. Cas. 910 · U.S. Circuit Court for the District of Massachusetts · May 15, 1869

Support, to a qualified extent, is certainly found to that proposition in the case Com. v. … Except for some special purpose, as therein suggested, doubts are entertained whether the rule is a sound one, but it is unnecessary to decide the point, as it clearly has no proper application to this case. Foster v.

Narragansett Bay Insurance v. Kaplan

146 F. Supp. 3d 364 · District Court, D. Massachusetts · Nov 18, 2015

For their part, the Kaplans seek through counterclaims to establish that they are owed a defense. I. … Narragansett’s behavior, even indulging every inference in the Kaplans favor, does not qualify.

Doe v. Sex Offender Registry Board

85 Mass. App. Ct. 1 · Massachusetts Appeals Court · Feb 24, 2014

accurately predict the recidivism rate of female offenders, the plaintiff had identified “a particular characteristic or condition peculiar to her that the guidelines do not appear to contemplate and that an available expert is qualified … offenders were only followed for an average of about seven years, and the rate of offending among sex offenders, especially among child molesters, has been observed to continue for up to 25 years”); Prentky & Lee, supra (“Clearly