Case law

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 .

Tze-Kit Mui v. Massachusetts Port Authority

32 Mass. L. Rptr. 567 · Massachusetts Superior Court · Apr 1, 2015

(deferred compensation reflecting employee’s base salary qualified as wages under the Wage Act). … Massachusetts courts have placed particular emphasis on the notion of a benefit being earned to qualify as a wage under §148.

United States v. Owens

933 F. Supp. 76 · District Court, D. Massachusetts · Jun 24, 1996

obligation to reveal exculpatory data was data that tended to show that the defendant either did not commit the crime charged, that ... was inconsistent with the defendants having committed the crime charged, or [that] tended to establish … Devin , perhaps, could be dismissed as dicta, but Osorio clearly cannot....

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

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.

Commonwealth v. Fisk

49 Mass. 238 · Massachusetts Supreme Judicial Court · Oct 15, 1844

But we oic. of opinion that this dedication of an area for public use was subordinate and incidental to the establishment of the public *244 buildings. … The terms here used, “ public convenience,” are connected with, and qualified by, the other terms referring to the buildings to be erected; and the convenience provided is for those who have occasion to use the buildings.

Y.F. v. E.O.

Massachusetts Appeals Court · Mar 17, 2026

The judge told the defendant that "the history of that 4 conversation, it's clearly not just that one conversation that you both had. … The defendant argues that there was insufficient evidence for the judge to have found that she committed three qualifying acts of harassment. We are not persuaded.

Rashad v. Walsh

204 F. Supp. 2d 93 · District Court, D. Massachusetts · Mar 31, 2002

But while this showing does not qualify ás actual prejudice, they buttress RaShad’s claim of presumptive prejudice. … Again, this claim is only cognizable on habeas review insofar as it challenges the state courts’ application of clearly established Supreme Court precedent.

KG Urban Enterprises, LLC v. Patrick

293 F.R.D. 42 · District Court, D. Massachusetts · Jun 6, 2013

Plaintiff challenges a provision of an Act Establishing Expanded Gaming in the Commonwealth, 2011 Mass. … “It is important to identify clearly the [absent party’s] interest at stake.” See Cachil Dehe Band of Wintun Indians of the Colusa Indian Cmty. v. California, 547 F.3d 962, 971 (9th Cir.2008).

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 .

Williams v. Bradley

85 Mass. 270 · Massachusetts Supreme Judicial Court · Nov 15, 1861

of the previous provisions in the same clause, we think such an interpretation would be inconsistent with and repugnant to the express trust, which the testator carefully and with studious detail has thereby declared and established … exercise a discretion in paying over only so much of the income as they might deem expedient, or to expend the whole or part of it for the support of the children and grandchildren, may well be construed as designed to qualify

Kelly v. Brigham & Women's Hospital

9 Mass. L. Rptr. 50 · Massachusetts Superior Court · Jul 23, 1998

Plaintiff has provided no facts to establish the contrary. … It may be that no qualified oncologist would have assured plaintiff that the incision could be limited to four inches and that no qualified pathologist would have read the permission form to allow a large incision.

Oberther v. Midland Credit Management, Inc.

45 F. Supp. 3d 125 · District Court, D. Massachusetts · Sep 15, 2014

1) Mail in $500 and call to set up your remaining payments. 2) Call us to see how to qualify for discounts and payment plans. LET U.S. HELP YOU! … Municipality of Carolina, 747 F.3d 15, 24 (1st Cir.2014) (“[Plaintiffs need not plead facts in the complaint that establish a prima facie case ... nor must they ‘allege every fact necessary to win at trial.’ ”) (quoting Rodriguez-Vives

Daley v. Mira, Inc.

District Court, D. Massachusetts · May 23, 2023

The pending cross-motions ask the Court to answer one narrow question: does the charitable liability damages cap established by Massachusetts statute, Mass. Gen. … Hellman, 547 N.E.2d 931 (Mass. 1989) (requiring proof of a physician-patient relationship, among other things, as a component of a claim qualifying for the higher limit). 8 New York never implemented a modified immunity

Salah v. Board of Appeals of Canton

2 Mass. App. Ct. 488 · Massachusetts Appeals Court · Aug 5, 1974

“(d) Adequacy of space for the off-street loading and unloading of vehicles, goods, products, materials and equipment incidental to the normal operation of the establishment. ” 8 The board’s decision states: “The Board believes … (“Since noise level, sewage limits, and the like can be qualified, their administration need involve little discretion.”) 10 The master found “as a fact that the respondent should be directed to approve the application ..

Santana v. Commonwealth

90 Mass. App. Ct. 372 · Massachusetts Appeals Court · Sep 30, 2016

c. 258D, §§ 1-9, represents a limited waiver of the Commonwealth's sovereign immunity so as to permit eligible persons who were wrongfully convicted and imprisoned to file a civil action in the Superior Court and to pursue … Clearly this language is specifically describing that it was legally impossible for Santana to be guilty of rape with the codefendant's penis. This is certainly not a fact that tends to establish innocence.

Boston Gas Co. v. Department of Public Utilities

405 Mass. 115 · Massachusetts Supreme Judicial Court · Jun 12, 1989

Other charitable gifts may be less clearly includible in the cost of service. Two-thirds of the company’s charitable gifts during the test year went to the United Way. … The question, which is not presented in this proceeding, would then be: how direct must a ratepayer benefit be in order to qualify an institutional advertising expense for rate recognition? See East Ohio Gas Co. v.

Commonwealth v. Boston & Maine Railroad

57 Mass. 25 · Massachusetts Supreme Judicial Court · Jan 15, 1849

It is very clear, that the commonwealth, by an act of legislation, in express terms, may grant its lands, or any qualified interest or easement in land. … The latter, it is believed, has been the plan in regard to every railroad, thus far established in this commonwealth.

Kourouvacilis v. American Federation of State, County & Municipal Employees

65 Mass. App. Ct. 521 · Massachusetts Appeals Court · Feb 9, 2006

App. 3d at 910 ; Stein, 6 N.J. at 527 ; Flecha, 31 Misc. 2d at 446 ) clearly implies that the unrelated unethical activities did not harm the client. … In a related context, we have imputed a lawyer’s actions and knowledge to his professional corporation, rejecting attempts by the firm to qualify as an “innocent insured” under insurance policies.

In Re Pharmaceutical Industry Average Wholesale Price Litigation

307 F. Supp. 2d 196 · District Court, D. Massachusetts · Feb 24, 2004

Price fixing agreements qualify for the per se label. “Stabilizing prices as well as raising them is within the ban of § 1 of the Sherman Act.” United States v. … The Amended Complaint names eleven plaintiffs, including five ERISA-qualified employee benefit plans, a voluntary employee benefit plan and five associations.