Case law

Commonwealth v. Beckett

373 Mass. 329 · Massachusetts Supreme Judicial Court · Sep 14, 1977

to commit larceny by false pretenses by misrepresenting to the Department of Public Welfare that her husband did not live with the defendant and their daughter, with the intended result that the defendant would appear to qualify … Here, clearly Paul Beckett’s statement was admissible against him as an admission and its introduction in evidence, accompanied by appropriate limiting instructions to the jury, did not violate the teaching of the Bruton

Monell v. Boston Pads, LLC

471 Mass. 566 · Massachusetts Supreme Judicial Court · Jun 3, 2015

The statute establishes a presumption that "an individual performing any service" is an employee. Id. See G. … The exclusion of real estate salespersons from independent contractor status clearly was not intended by the Legislature.

Robinson v. Board of Health

58 Mass. App. Ct. 394 · Massachusetts Appeals Court · Jun 27, 2003

The plaintiffs neither contest Heavey’s status as an eligible “owner” under the statute, nor argue that his proposed sewer/septic system does not, except for its private rather than public nature, qualify as a “sewer service … Co., 393 Mass. 231, 236 [1984]); and they are further inappropriate in a certiorari proceeding, which is decided solely on whether substantial errors of law or the absence of substantial evidence clearly appears on the face

Bly v. St. Amand

9 F. Supp. 3d 137 · District Court, D. Massachusetts · Mar 31, 2014

However, none of these claims establishes that any state court decision was contrary to clearly established federal law, represented an unreasonable application of clearly established federal law, or was based on an unreasonable … It was not contrary to, or an unreasonable application of, clearly established federal law, and it does not warrant habeas relief. H.

Coyne Industrial Laundry of Schenectady, Inc. v. Gould

359 Mass. 269 · Massachusetts Supreme Judicial Court · Apr 13, 1971

While the defendant concedes that under the Federal statutory law G.S.A. is clearly an “agency of the Federal Government” (40 U. S. … While damages may be established only by proof of actual “furnishing,” “solicitation” is equally enjoined.

United States v. Green

389 F. Supp. 2d 29 · District Court, D. Massachusetts · Sep 2, 2005

Summonses marked “undeliverable” are clearly in the former category. … Defendants argue that they have established a “substantial violation” of the Act, even if they have not established a constitutional violation, based on the failure of federal officials to supplement the available jury list

Commonwealth v. Flint

81 Mass. App. Ct. 794 · Massachusetts Appeals Court · May 30, 2012

The judge’s findings in reconstructing the record are supported by the evidence and not clearly erroneous. 4. Evidentiary issues, a. Multiple reports by victim. … admissible under the newly established doctrine of first complaint.

Foster v. Commissioner of Correction (No. 1)

Massachusetts Supreme Judicial Court · Jun 2, 2020

in this record to ascertain the proper contours of who qualifies as medically vulnerable. … Ala. 1993) (applying reasoning in Lareau, 651 F.2d at 109, and concluding that inmate did not establish violation of Eighth Amendment from being housed in cell with patient who was dying from acquired immune deficiency

Commonwealth v. Botelho

369 Mass. 860 · Massachusetts Supreme Judicial Court · Mar 5, 1976

It may, indeed, be that the Commonwealth upon consideration would elect to forgo any immediate advantage it might derive from a Biggers approach and prefer a regime which clearly discountenances suggestive confrontations. … If the defendant moves to suppress an identification because of a violation of the Code, then the burden is on the prosecution to qualify the identification for admission; ordinarily the showing is to be by a preponderance

Adoption of Odile.

Massachusetts Appeals Court · Mar 20, 2026

A judge's 8 finding on witness credibility is "quintessentially the domain of the trial judge [so that (her)] assessment is close to immune from reversal on appeal except on the most … However, "[i]n review and redetermination hearings, the judge does not start with a blank slate, but builds on findings established in the preceding stages."

Commonwealth v. Traylor

472 Mass. 260 · Massachusetts Supreme Judicial Court · Jul 22, 2015

We hold that, to establish multiple violations of G. L. … Finally, the mother, who testified pursuant to a grant of immunity and whose relationship with the defendant had ended by the time of her testimony, indicated that she had never seen bruises on Rory's stomach before he

Commonwealth v. Kater

388 Mass. 519 · Massachusetts Supreme Judicial Court · Mar 23, 1983

The proponent will have the burden of establishing what the witness remembered prior to the hypnosis. Any uncertainty *531 on this score must be resolved in the opponent’s favor. … The important point is that he be qualified in the use of hypnosis and otherwise independent of the investigation of the crime.

Fyntrilakis v. City of Springfield

47 Mass. App. Ct. 464 · Massachusetts Appeals Court · Jul 29, 1999

The object of election laws is to secure the rights of duly qualified electors and not to defeat them.’ … We are clearly prohibited from doing that under all of the case law.

Passatempo v. McMenimen

461 Mass. 279 · Massachusetts Supreme Judicial Court · Jan 12, 2012

This policy was the sole asset of an irrevocable trust that Sam Sr. established to provide for his wife should he predecease her. … Unlike § 181, therefore, neither *291 Hedden nor Harwood clearly established an insurance company’s vicarious liability for the misrepresentations of an insurance agent.

MHA Financial Corp. v. Varenko Investments Ltd.

583 F. Supp. 2d 173 · District Court, D. Massachusetts · Sep 26, 2008

Unlike abuse of process, service of process does not establish an element of a malicious prosecution claim. Cf. … In Massachusetts such a privilege is not limited to cases involving claims for defamation but “has been extended to provide an absolute immunity for many other torts.” Meltzer v.

Commonwealth v. Liberty

27 Mass. App. Ct. 1 · Massachusetts Appeals Court · Feb 16, 1989

The fight began in front of an establishment called Maggie’s Pub. The defendant sought the return of his money. When Pina claimed he had none, the defendant struck him. … While counsel may not have used the term self-defense, self-defense was clearly an issue before the jury, and the judge explicitly charged on both self-defense and accident.

In re Kology

499 B.R. 20 · United States Bankruptcy Court, D. Massachusetts · Sep 24, 2013

Next, the Debtors’ house is unquestionably a “home,” and the evidence clearly establishes that the Debtors have occupied and intended to occupy their house as a principal residence since at least 2010 when the fifth-wheel … The evidence clearly establishes that the Debtors occupy their house, which is located on Lot 4, as a principal residence.

Keystone Freight Corp. v. Bartlett Consolidated, Inc.

77 Mass. App. Ct. 304 · Massachusetts Appeals Court · Aug 2, 2010

[Keystone’s] claims and [Bartlett’s original] claim. . . that the former clearly should have been added as compulsory counterclaims to [Keystone’s] answer. . .” Mancuso, supra. … We are required to determine then whether Bartlett has established that there is no conduct on its part other than filing the claim.

In re Pelvic Mesh/Gynecare Litigation

32 Mass. L. Rptr. 304 · Massachusetts Superior Court · Apr 14, 2014

(Ex. 3.) 2 The Journal is described as “the gold standard for qualify biomedical research and for the best practices in clinical medicine.” (Ex. 4.) … Applying traditional conflicts principles, Massachusetts clearly has the more significant relationship to the issue whether the NEJM peer review and editorial decision making processes should be protected from disclosure.

American Science and Engineering, Inc. v. Kelly

69 F. Supp. 2d 227 · District Court, D. Massachusetts · Aug 24, 1999

Its detailed specifications and requirements were established by the statement of work. … It is difficult to see how something AS & E does not use and which it believes likely would not work well could qualify for trade secret protection.