Case law

Sonia v. Town of Brookline

914 F. Supp. 2d 36 · District Court, D. Massachusetts · Sep 27, 2012

In light of those facts, the First Circuit was “unwilling to say that [the officer’s] conduct was so clearly personal in nature that a jury could reach only one outcome.” Id. In Zambrana-Marrero v. … Existence of a policy or custom As a duly enacted regulation of the Town’s Board of Selectmen, the “always on duty” policy qualifies as an “official municipal action” for purposes of a § 1983 claim.

Medina v. Pillemer ex rel. Estate of Riskind

20 Mass. L. Rptr. 352 · Massachusetts Superior Court · Dec 23, 2005

Nor is there any clear general rule or principle that establishes when the law recognizes a special relationship and when it does not. … No Massachusetts statute provides comparable immunity from suit to physicians in these circumstances.

Commonwealth v. Donovan E. Goparian

Massachusetts Supreme Judicial Court · Jul 23, 2025

On remand, he bears the burden of establishing prejudice" [citation omitted]). … It is debatable whether Nuzzolilo qualifies as a "cooperator[] or [person] who while not having a written agreement ha[s] not been charged but [is] legally culpable," and thus whether Richardson's e-mail message falls within

United States v. Carpenter

405 F. Supp. 2d 85 · District Court, D. Massachusetts · Dec 15, 2005

Local Rule 116.2 (captioned “Disclosure of Exculpatory Evidence”) establishes a timetable for the disclosure by the government of potentially exculpatory material. … Q: "No immunity agreement?” A: "No.” Q: "No promise you wouldn’t be prosecuted?” A: "No agreement.”). In its opposition to the Rule 33 motion, the government reiterated this position.

Rrk v. Sgp

400 Mass. 12 · Massachusetts Supreme Judicial Court · May 14, 1987

No threshold showing of a constitutionally based claim was established. … s position to seek to establish his paternity or visitation rights with regard to a child born while S.G.P. was married to another man. G.L.c. 209C, § 5( a ).

Bricklayers & Trowel Trades International Pension Fund v. Credit Suisse First Boston

853 F. Supp. 2d 181 · District Court, D. Massachusetts · Jan 13, 2012

To qualify as a corrective disclosure in this case, information released to the market must pertain to at least one of the foregoing topics about which defendants allegedly concealed information. See Lentell v. … circumstances: if the moving party presents newly discovered evidence, if there has been an intervening change in the law, or if the movant can demonstrate that the original decision was based on a manifest error of law or was clearly

BBF, INC. v. Germanium Power Devices Corp.

13 Mass. App. Ct. 166 · Massachusetts Appeals Court · Feb 5, 1982

Ward in Delaware on November 1, 1973, and was qualified to do business in Massachusetts. Mr. Ward became its president and a director at once upon its incorporation. In its behalf, Driscoll and Mr. … On this record, we are not in a position to say that her determination was clearly erroneous.

Davis v. Grimes

9 F. Supp. 3d 12 · District Court, D. Massachusetts · Mar 26, 2014

He offered to complete further training to qualify for removal of the restriction. (Id.). The department refused the request. … Clearly, however, a local police chief must make some form of determination in response to every application.

United States v. Silveira

297 F. Supp. 2d 349 · District Court, D. Massachusetts · Nov 19, 2003

With respect to materiality: Silveira gave considerable evidence against Campbell, and in so doing he clearly incriminated himself. … The government was clearly after Campbell. Sil-veira’s perjurious statement did not advance that prosecution one way or the other.

Titus v. Planning Board of Gloucester

4 Mass. L. Rptr. 576 · Massachusetts Superior Court · Oct 19, 1995

The records establish that the way was laid out by the selectmen as a “private way for the inhabetants (sic) of said town.” … That portion of Bennett Street on which Lots ##1-5 front is clearly passable. It very much resembles the way which was deemed by the Appeals Court in the Sturdy case to qualify for the “public way” exemption under §81L.

In Re Guild

269 B.R. 470 · United States Bankruptcy Court, D. Massachusetts · Nov 8, 2001

The bankruptcy code does not define “reasonably necessary” nor is the term clearly defined in case law. “Whether income is ‘reasonably necessary’ for the debtors’ maintenance and support is open to interpretation.” … The Taylor court held “[i]t is within the discretion of the bankruptcy court judge to make a decision, based on the facts of each individual case, whether or not the pension contributions qualify as a reasonably necessary

Marriott v. Sedco Forex International Resources, Ltd.

827 F. Supp. 59 · District Court, D. Massachusetts · Jul 22, 1993

Sedeo, although a British Virgin Islands corporation, clearly has some connection to the United States. … by the alternative forum is [not] so clearly inadequate or unsatisfactory that it is no remedy at all.”

Powercomm, LLC v. Holyoke Gas & Electric Dept.

746 F. Supp. 2d 325 · District Court, D. Massachusetts · Oct 19, 2010

Once the bids were in, HG & E Purchasing Coordinator Yocelyn Delgado 5 vetted them to ensure that the bidding contractors were qualified. (Lavelle Dep., Ex. 8, 18:13-19:1.) … Notably, Kwasnik’s statements at his deposition clearly implied that he knew that Lavelle did not make the final decisions.

Pirrone v. City of Boston

364 Mass. 403 · Massachusetts Supreme Judicial Court · Dec 17, 1973

We have often reiterated “our well established principle of construction” that, absent a clearly expressed legislative intent to the contrary a special act “made in regard to a place, growing out of its peculiar wants, condition … It has been so qualified in several cases, most of which involve the use of mandamus to review the action taken by local officials in counting votes cast in local elections. See, e.g., Flanders v.

Tedford v. Massachusetts Housing Finance Agency

3 Mass. Supp. 128 · Massachusetts Housing Court · Nov 24, 1981

But more importantly, the legislature wanted to clearly establish that the Housing Court jurisdiction was not limited to landlord-tenant relationships but extended to all residential housing problems which affected the health … While these tenants could not reasonably expect that they were to be immunized from rent increases, they could legitimately expect that they would have an opportunity to participate in a décision-making process under G.L.c

Commonwealth v. Housen

458 Mass. 702 · Massachusetts Supreme Judicial Court · Jan 20, 2011

The Commonwealth’s prima facie case was thus established. The Commonwealth was not required to prove who shot the victim, see Commonwealth v. … Wright, 411 Mass. 678, 681 (1992). *710 The opinion of the testifying medical examiner as to the cause of death was clearly his opinion, and not merely a recitation of the opinion of the medical examiner who performed the

Custody of a Minor (No. 3)

378 Mass. 732 · Massachusetts Supreme Judicial Court · Aug 9, 1979

The result reached by the judge was clearly warranted, and probably required, on the evidence before him. … 301-392 (1976) — and thus eligible for marketing only after the filing and approval of a new drug application —because it falls within the statutory definition of a "drug [that] is not generally recognized, among experts qualified

AKWELEY ABLORH v. TOWN OF STONEHAM, DAVID STEFANELLI, SHERYL ROTONDI, & BRIAN RAFFAELO

District Court, D. Massachusetts · Nov 20, 2025

Therefore, Plaintiff cannot establish that the Defendant Officers removed her son through a physical taking or inducement. … Qualified Immunity I need not address Defendants’ argument that the claims against the Defendant Officers are barred by the doctrine of qualified immunity because Plaintiff’s claims

Martino v. American Airlines Federal Credit Union

121 F. Supp. 3d 277 · District Court, D. Massachusetts · Aug 18, 2015

AAFCU filed an opposition ■ and cross-moved for summary judgment establishing that it has no liability. … For a security interest to qualify for the exception under section 226.12(d)(2) the following conditions must be met: i.

Murphy v. Town of Natick

516 F. Supp. 2d 153 · District Court, D. Massachusetts · Sep 25, 2007

In Nolan , the district court held that the hours worked by Chicago police officers for the Chicago Transportation Authority (CTA) and the Chicago Housing Authority (CHA) did not qualify as overtime for FLSA purposes because … Here, despite plaintiffs’ arguments to the contrary, sergeants and lieutenants clearly fall within the executive exemption.