Case law

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.

Coady Corp. v. Toyota Motor Distributors, Inc.

346 F. Supp. 2d 225 · District Court, D. Massachusetts · Apr 14, 2003

Clearly, Toyota sells and leases vehicles out of its regional office, but Coa-dy has failed to establish that Toyota has, thereby, violated the statutory provision at issue. … DEALER agrees to abide by any export policy established by DISTRIBUTOR.

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.

Marshall F. Newman v. Santander Bank, N.A.

District Court, D. Massachusetts · Jul 9, 2021

Kitchen, 156 F.3d 1025, 1029 (10th Cir. 1997) (“[S]ection 6332(e) . . . clearly bars money damages against a person who has complied with an IRS levy.”). … In short, even taking plaintiff’s allegations as true, “the uncontested and properly considered facts conclusively establish” that Santander is entitled to a favorable judgment. See Zipperer 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.

School Committee v. Newton School Custodians Ass'n

438 Mass. 739 · Massachusetts Supreme Judicial Court · Feb 28, 2003

She “assumed” that all three candidates were equally qualified in all respects other than leadership ability because Sheridan had presented all three as viable candidates. … Tyman, 372 Mass. 106, 113 (1977) (“Whenever the Legislature has limited the powers of school committees, it has done so in express terms, and it is expected that a radical departure from prior policy would be clearly indicated

Ferrara v. United States

370 F. Supp. 2d 351 · District Court, D. Massachusetts · May 13, 2005

SUMMARY As described in the April 12, 2005 Memorandum and Order, petitioner Vincent Ferrara has proven that he was denied *354 Due Process when the government violated its clearly established constitutional duty to disclose … Rather, he has relied on the well-established rules enunciated in Brady v.

New England Power Generators Association, Inc. v. Department of Environmental Protection

480 Mass. 398 · Massachusetts Supreme Judicial Court · Sep 4, 2018

Renewable energy produced by generators that qualify for the RPS counts toward compliance with 310 Code Mass. Regs. § 7.75 (2017) (Clean Energy Standard Regulation), discussed infra. … The plaintiffs contend that § 16 of the act clearly and unambiguously invalidates any emission limits beyond December 31, 2020, because the provision contains an "unambiguous sunset date" for § 3 (d).

Teamsters Local Union No. 122 v. August A. Busch & Co. of Massachusetts, Inc.

660 F. Supp. 899 · District Court, D. Massachusetts · May 26, 1987

This assertion is clearly incorrect, as demonstrated by an examination of the Court of Appeals case of Courier-Citizen Co. v. … deny the allegation in the Company’s Counterclaim that the “March [sic] 13, 1985 finding of arbitrability has not been challenged by the Union under any provision of law” and that the “March [sic] 13, 1985 Award is now immune

Colby v. Assurant Employee Benefits

603 F. Supp. 2d 223 · District Court, D. Massachusetts · Feb 23, 2009

Colby suffered from any psychological limitations that would qualify her for benefits, on July 6, 2005, Mike Jones, Ph.D. (“Dr. … The Plan further establishes that any mental illness recognized in the DSM-IV can serve as the basis for a disability.

Mancuso v. Massachusetts Interscholastic Athletic Ass'n

453 Mass. 116 · Massachusetts Supreme Judicial Court · Jan 23, 2009

Thus, the plaintiff has failed to establish the existence of an equal protection violation. … In sum, the plaintiff has failed to establish the violation of any federally protected right actionable under § 1983. 27 2. Claim under the Massachusetts Civil Rights Act.

Commonwealth v. Godwin

60 Mass. App. Ct. 605 · Massachusetts Appeals Court · Mar 15, 2004

At this point, the judge invited the defendant “to tell me anything which you think makes you qualify for indigency.” The defendant did not offer any proof or explanation as to why he believed he was indigent. … In view of our holding that the defendant had the burden of *609 establishing his indigency, which he did not meet, any such omission is without consequence.

Fairbanks v. Danvers, Town of

District Court, D. Massachusetts · Aug 9, 2018

Defendants also assert a qualified immunity defense with respect to plaintiff’s claims. A. … immunity.

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.

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.

Gem Plumbing and Heating Services, LLC v. Rusty's, Inc; Michael J. Roderick; Thomas R. Hansen; Air Pros Ma, LLC; Michael Hansen; And Paul Neary

Massachusetts Superior Court · Jun 4, 2024

staff “fails to qualify as an improper means or motive in analyzing the elements necessary to support a claim for interference with contract.” … An act or practice is “unfair” within the meaning of c. 93A “if it falls ‘within at least the penumbra of some common-law, statutory, or other established concept of unfairness’; ‘is immoral, unethical, oppressive, or unscrupulous

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

Locke v. Lewis

124 Mass. 1 · Massachusetts Supreme Judicial Court · Jan 1, 1878

Taylor has been qualified. Chazournes v. Edwards, 3 Pick. 5 . Leverson v. Lane, 13 C. B. (N. S.) 278. … Roosevelt, the security given was clearly known to be a partnership security, and the only question was whether the debt for which it was given was a private or a partnership debt. In Dob v.

Commonwealth v. Watson

377 Mass. 814 · Massachusetts Supreme Judicial Court · Apr 13, 1979

During cross-examination the. defense established that in her statement to the police on the night of the shooting, and at the probable cause hearing in December, Laverne had referred to seeing one gun at the defendant’s … The testimony of the Reverend Moberger failed to spell out clearly in what particulars Charlotte or Laverne Crawford testified falsely at the defendant’s trial.

Cardillo v. Aron

26 Mass. L. Rptr. 504 · Massachusetts Superior Court · Jan 6, 2010

Thus plaintiff did not establish, either by directly posing the res ipsa question to Dr. … [Pjlaintiffs expert failed to establish that the injuries at issue would not occur in the absence of negligence. Dr.