Case law

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

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

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.

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.

Global Naps, Inc. v. New England Telephone & Telegraph Co.

226 F. Supp. 2d 279 · District Court, D. Massachusetts · Aug 27, 2002

Local telecommunications traffic is defined as traffic that “originates and terminates within a local service area established by the state commission.” … have not established one here.

Kartell v. Blue Shield of Massachusetts, Inc.

582 F. Supp. 734 · District Court, D. Massachusetts · Mar 22, 1984

Is Blue Shield of Massachusetts, Inc. compelled by M.G.L. c. 176B, § 7 or any other Massachusetts statute or required by any clearly articulated and affirmatively expressed State policy (a) to limit fees of participating … Brown, supra, immunizes most of the challenged conduct from antitrust attack. Kartell v. Blue Shield of Massachusetts, Inc., 542 F.Supp. 782 (D.Mass.1982).

Empirix, Inc. v. Ivanov

28 Mass. L. Rptr. 511 · Massachusetts Superior Court · May 17, 2011

This court is satisfied that a Non-compete was signed, there was consideration, and that NetScout qualifies as competitor. The court will turn to the defendant’s reasons as to why the Non-compete ought not be enforced. … Moreover, it has established that it would suffer irreparable harm if the injunction were not granted. Mr. Ivanov will surely suffer from enforcement of the Non-compete.

Beauregard v. Caterpillar, Inc.

25 Mass. L. Rptr. 41 · Massachusetts Superior Court · Dec 12, 2008

Lynn Ladder & Scaffolding Co., Inc., 427 Mass. 1003, 1004 (1998), this is not clearly the case here. … The operator himself and his employer are, of course, immunized from suit by the Workers’ Compensation statute. Matthew Stanton. Chuck Dault.

Lautieri v. Bae

17 Mass. L. Rptr. 4 · Massachusetts Superior Court · Oct 29, 2003

“If the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts which would establish the existence of a genuine issue of material fact in order to defeat … The USA Triathlon Annual Licence Application Waiver clearly and unambiguously releases “RACE DIRECTORS” from “any and all claims, losses or liabilities ...”

Commonwealth v. Tuck

37 Mass. 356 · Massachusetts Supreme Judicial Court · Jun 28, 1838

Every fact which is a necessary ingredient of the offence, must be clearly and specifically stated. Archb. Crim. Pl. 15. … The rules and dis *363 tinctioDs applicable to this point are clearly and accurately explained in Commonwealth v. Maxwell, 2 Pick. 138 .

Commonwealth v. Woodward

427 Mass. 659 · Massachusetts Supreme Judicial Court · Jun 16, 1998

The doctrine serves the public purpose of allowing the jury to convict of the offense established by the evidence, rather than forcing them to choose *665 between convicting the defendant of an offense not fully established … Two of these photographs were sharply focused close-ups of the fracture and showed its edges more clearly than other previously produced evidence. The judge allowed Dr.

In re the Estate of Moretti

69 Mass. App. Ct. 642 · Massachusetts Appeals Court · Aug 1, 2007

Silvernail, [supra], or ‘clearly erroneous’ (the standard applicable to equitable proceedings), see Mass.R.Civ.P. 52(a), 365 Mass. 816 (1974).” … Cleary, 427 Mass. at 295 , the Supreme Judicial Court established the rule that “the fiduciary who benefits in a transaction with the person for whom he is a fiduciary bears the burden of establishing that the transaction

Collymore v. Suffolk County Sheriff Department

District Court, D. Massachusetts · Jan 29, 2019

immunity. (#22.) … Because plaintiff’s constitutional claim fails, the court need not address the issue of qualified immunity. B. The State Law Claim.

Commonwealth v. Wright

88 Mass. App. Ct. 82 · Massachusetts Appeals Court · Aug 18, 2015

The applicant is then able to employ the EBT card to make qualifying purchases. … Section 59 establishes venue for larceny by false pretenses as follows: "The crime of obtaining money or a personal chattel by a false pretence . . . may be alleged to have been committed, the Commonwealth could

United States ex rel. Cunningham v. Millennium Laboratories, Inc.

202 F. Supp. 3d 198 · District Court, D. Massachusetts · Aug 19, 2016

Good cause must be established “on a document-by-document basis.” Bradford & Bigelow, 109 F.Supp.3d at 447 . … Although Cunningham’s disclosures were clearly prepared “in anticipation of litigation,” Fed. R. Civ. P. 26(b)(3), that litigation has ended.

Hasbro, Inc. v. Clue Computing, Inc.

66 F. Supp. 2d 117 · District Court, D. Massachusetts · Sep 2, 1999

CLUE ® clearly does not refer to a general category of goods. … Expectations, however justified and however dearly purchased, cannot immunize future conduct from legislative fiat.

Kingston

District Court, D. Massachusetts · Sep 10, 2026

L. c. 30A, § 14(7) (establishing the right of judicial review of agency actions prejudicing the substantial rights of any party); Mass. Gen. … immunity.

Boston Edison Co. v. Department of Public Utilities

419 Mass. 738 · Massachusetts Supreme Judicial Court · Mar 16, 1995

824a-3 [1988]), which was enacted to encourage the development of alternative energy sources that would reduce the demand for fossil fuels, adopted regulations requiring electric utilities to request project proposals from qualifying … reveal need for capacity from RFP 3.” 7 In effect, the department stated that an exception to its regulations was not warranted because Edison’s “without RFP 3” analysis was not supported by “persuasive evidence [that] clearly

Visnick v. Marriott International, Inc.

22 Mass. L. Rptr. 727 · Massachusetts Superior Court · Aug 6, 2007

This is subject to the provisions that such proceeding is not to be employed as a shield of immunity for defamation where there is not serious consideration of suit. Id. at 109 . … To establish a causal connection, an employee may establish an inference based on the timing between the protected conduct and the adverse employment action. Mole, 442 Mass. at 592 .

Higgins v. Kaufman

12 Mass. L. Rptr. 84 · Massachusetts Superior Court · Aug 30, 2000

Spicehandler will testify as to the average qualified medical practitioner’s practices with regard to managing the condition of infants born to GBS mothers. Dr. … Spicehandler clearly has education, experience, training and familiarlity in the field of infectious diseases. Furthermore, this court finds that under the Lanigan standard, her experience is both reliable and relevant.