Case law

Gilbert v. City of Cambridge

745 F. Supp. 42 · District Court, D. Massachusetts · Aug 9, 1990

Plaintiffs suggest that applying limitations periods to defensive declaratory judg *49 ment actions could effectively immunize constitutionally repugnant state action from review. … The concepts of finality and exhaustion are clearly distinguished in a helpful discussion in Tenoco Oil Co. v. Dept. of Consumer Affairs, 876 F.2d 1013, 1024 (1st Cir.1989).

Estate of Skillman v. Riskalla

2 Mass. L. Rptr. 90 · Massachusetts Superior Court · Mar 31, 1994

Riskalla clearly was an employee and not an independent contractor. His hours of work were set by Dr. Lebowitz, and he was not free to select them. The patients whom he treated were selected by Dr. … Employee status established, the question becomes whether Dr. Riskalla was an employee of MGH or of the Hospital. On this record, I am persuaded that he was an employee of the Hospital. Dr.

Strunk v. City of Beverly Police Department

District Court, D. Massachusetts · May 6, 2019

Humphrey, 512 U.S. 477, 484 (1994), 3) the claim is barred by issue preclusion, 4) the individual officer defendant is entitled to qualified immunity and 5) the Beverly Police … No other tests were performed that night to establish plaintiff’s blood alcohol level.

Heuler Tile Co. v. Speros

1983 Mass. App. Div. 194 · Massachusetts District Court, Appellate Division · Jun 29, 1983

A qualified expert witness is not required to actually observe the property in question to express an opinion as to *196 the fair value of improvements thereon. Boston Gas Co. v. … Evidence of the fair value of the work and materials to the defendants was clearly material on the claims in quantum meruit. Heyeck Building & Realty Co., Inc. v.

Executive Board of Local 403 of the International Brotherhood of Police Officers v. Barrett

9 Mass. L. Rptr. 212 · Massachusetts Superior Court · Oct 29, 1998

Although defendant’s motion to dismiss was denied, his argument was not without merit and deserves brief mention. 1 The issue of whether an unincorporated association of police officers qualifies as a governmental body which … “Generally the recognition of an absolute privilege in defamation cases is limited to cases in which public policy or the administration of justice requires complete immunity from the threat of defamation suits.”

Cummings v. Secretary of Environmental Affairs

402 Mass. 611 · Massachusetts Supreme Judicial Court · Jun 20, 1988

Massachusetts Port Auth., supra , for this court to conclude that the Secretary's determination that no EIR is required may qualify as "damage caused or about to be caused" in "violation" of an environmental statute. … Chapter 30, § 62H, clearly does not itself purport to create such jurisdiction.

DiBenedetto v. Commonwealth

398 Mass. 395 · Massachusetts Supreme Judicial Court · Sep 8, 1986

; second, that he was within the protected age bracket of that statute; that is, that he was between the ages of 40 and 70, and if he was below that it would be of no consequence; third, he must prove to you that he was qualified … While it may have been open to the jury to decide that Ryan’s discriminatory motive somehow tainted the hiring decision, that clearly was not their conclusion. Accordingly, judgment for both defendants was required.

Office One, Inc. v. Lopez

7 Mass. L. Rptr. 219 · Massachusetts Superior Court · Jul 10, 1997

The Appeals Court held that Duracraft’s claims against Marino and Holmes were not subject to dismissal under G.L.c. 231, §59H because to interpret the anti-SLAPP Act as immunizing non-sham petitioning activity from all claims … Clearly, it is a governmental agency that can be petitioned, as has been done in this case.

Morgan v. Hennigan

379 F. Supp. 410 · District Court, D. Massachusetts · Jun 21, 1974

We find that plaintiffs have established all three claims. … Before 1971 from four to six years of experience were required to qualify for promotion.

Casey v. Schneider ex rel. Denis R. Behan Trust (In re Behan)

506 B.R. 8 · United States Bankruptcy Court, D. Massachusetts · Feb 25, 2014

Words and phrases shall have their general meaning unless otherwise clearly required by the context. … A power of appointment will be difficult to value and is clearly worth much less than the value of the equity in the real estate. VI.

Sok v. Spencer

578 F. Supp. 2d 281 · District Court, D. Massachusetts · Sep 24, 2008

The Court does not read Sok’s petition or brief to argue that the state court’s decision was “contrary to” clearly established federal law. … The clearly established federal standard at issue here has been set out in Miranda and its progeny.

DANA STRAYTON & Another v. MARTHA'S VINEYARD COMMISSION &Others

Massachusetts Superior Court · Jun 3, 2021

A cell phone tower higher than 35 feet qualifies as a Development of Regional Impact. … Plaintiffs must “establish [this] by direct facts and not by speculative personal opinion.” Standerwick, 447 Mass. at 33 .

Lisbon v. Contributory Retirement Appeal Board

41 Mass. App. Ct. 246 · Massachusetts Appeals Court · Sep 4, 1996

To discharge that burden, it was incumbent upon him to establish his case by a preponderance of the evidence. … Lisbon did not qualify as a covered person under the statute.

Frishman v. Maginn

21 Mass. L. Rptr. 41 · Massachusetts Superior Court · Apr 12, 2006

Frishman was clearly referring to Kevin Xiao, Johnny Wei and Lily E. … If so, this clearly is not an act in trade or commerce.

John Hancock Mutual Life Insurance v. Banerji

447 Mass. 875 · Massachusetts Supreme Judicial Court · Dec 13, 2006

Stated differently, Banerji had to negotiate new terms of an insurance contract by establishing that he qualified for the FEP benefit, both by showing that he was earning more income and by demonstrating that he had no other … Massachusetts Port Auth., 366 Mass. 755, 774 (1975) (in nonjury cases findings of fact are not set aside unless clearly erroneous).

Frost v. Commissioner of Corporations & Taxation

363 Mass. 235 · Massachusetts Supreme Judicial Court · Mar 8, 1973

L. c. 65A, § 1, denies equal protection of the laws in the circumstances of these cases are well *248 established and not here in dispute. … Clearly their position could not have been presented in any other way at less direct cost to the Federal government.

Commonwealth v. Veiovis

477 Mass. 472 · Massachusetts Supreme Judicial Court · Jul 19, 2017

I agree with the court that the posters hanging in the defendant’s apartment were not sufficiently similar to the methods by which the victims’ bodies were dismembered to qualify as modus operandi evidence. 1 1 also agree … The court concludes that this statement, clearly referring to the horrendous nature of the dismemberment and not any pertinent evidentiary point, is comparably “technical and analytic.” I disagree.

United States v. The William

28 F. Cas. 614 · District Court, D. Massachusetts · Sep 15, 1808

The law was not declared void, but the court declined acting upon it, except in a qualified manner, as commissioners. … the instrument, would be clearly and peremptorily expressed.

United States ex rel. Bierman v. Orthofix International, N.V.

113 F. Supp. 3d 414 · District Court, D. Massachusetts · Jul 1, 2015

an entity to qualify as a Medicare supplier for purposes of submitting claims and receiving payment.” … frivolous, clearly vexatious, or brought primarily for purposes of harassment.”

ITT Commercial Finance Corp. v. Cullen (In Re Antinarelli Enterprises, Inc.)

94 B.R. 227 · United States Bankruptcy Court, D. Massachusetts · Apr 13, 1988

This is clearly not so. The debtor was an electronics store and its only inventory was electronics and accessories, and not cash. … ITT also asserts that in order to qualify for the operation of business exception, the payments must be voluntary for them to be found in the ordinary course. 1 Footnote 8 of Citizens National Bank v.