Case law

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.

Gilmore v. Driscoll

122 Mass. 199 · Massachusetts Supreme Judicial Court · Mar 7, 1877

In the case of running water, the owner of each estate by which it flows has only the right to the use of the water for reasonable purposes, qualified by a like right in every other owner of land above or below him on'the … She is clearly not entitled to recover the cost of putting her land into and maintaining it in its former condition, because that is no test of the amount of the injury. McGuire v. Grant, 1 Dutcher, 356.

Massachusetts v. Sebelius

677 F. Supp. 2d 397 · District Court, D. Massachusetts · Dec 31, 2009

(“MFS”), a qualified independent contractor hired by CMS to conduct second-level appeals of Medicare Part A reimbursement claims in Massachusetts. … This Court has previously said that, if the statute speaks clearly “to the precise question at issue,” we “must give effect to the unambiguously expressed intent of Congress.”

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.

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.

Commonwealth v. Rogers

181 Mass. 184 · Massachusetts Supreme Judicial Court · Apr 2, 1902

It is suggested that the registration under §§ 36-38 may be closed twenty days before the caucus, so that persons who become qualified in the interim are-not allowed to vote. … So far as they might be evidence against the others after a conspiracy was established aliunde, there was no necessary order of proof. Commonwealth v. Smith, 163 Mass. 411, 418 . Commonwealth v.

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.”

Jackson v. Marlette (In Re Jackson)

317 B.R. 573 · United States Bankruptcy Court, D. Massachusetts · Nov 30, 2004

Additionally, they stated: If the Debtors had filed a declaration of homestead prior to filing their bankruptcy petition, the Plymouth Street property would have been immunized from creditors while the Debtors’ outstanding … In the first place, the Court rejects Marlette argument that the Debtors are relying upon 11 U.S.C. § 327 (e), which they cited in their Motion to Employ Special Counsel, to establish jurisdiction.

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.

Haddad v. Gonzalez

410 Mass. 855 · Massachusetts Supreme Judicial Court · Aug 12, 1991

Such an injury is clearly not vicarious. See Baldassari v. Public Fin. Trust , 369 Mass, at 46. … These findings were supported by the evidence, and we cannot say that they were clearly erroneous. See Mass. R. Civ. P. 52 (a), 365 Mass. 816 (1974).

Narrigan v. Goldberg

District Court, D. Massachusetts · Mar 25, 2025

“The Supreme Court has clearly said that the Eleventh Amendment bars federal suits by citizens against the state or state agencies and that this ‘jurisdictional bar applies regardless of the nature of the relief sought. … Abrogation and Waiver The Commonwealth has not waived its Eleventh Amendment immunity, nor has Plaintiff identified a valid abrogation of that immunity.

Commonwealth v. McCollum

79 Mass. App. Ct. 239 · Massachusetts Appeals Court · Apr 14, 2011

L. c. 140, § 121 (requiring operability to qualify as a firearm). The jury considered no circumstantial evidence, such as spent shell casings, the smell of gunpowder, or audible shots, suggesting operability. … Here, the police entered the apartment in pursuit of Williams under clearly exigent circumstances. See Commonwealth v. Forde, 367 Mass. 798 , 806 n.3 (1975).

Daley v. Wellpoint Health Networks, Inc.

146 F. Supp. 2d 92 · District Court, D. Massachusetts · May 14, 2001

Daley was clearly informed by UNICARE that her paid leave would run concurrently with her FMLA leave before she submitted her request. … The plaintiff in Woodman had heard the offending statement directly from the supervisor-agent, thus qualifying the statement as an admission under Rule 801(d)(2)(D).

Hastings & Sons Publishing v. City Treasurer of Lynn

374 Mass. 812 · Massachusetts Supreme Judicial Court · Apr 18, 1978

In order to qualify the records for exemption, however, the custodian of these records must overcome the statutory presumption that the records sought are public. 6 G. L. c. 66, § 10 (c). … Their briefs do not establish the relevance of these statutory sections. Cf. Commonwealth v.

Unitt v. Spencer

District Court, D. Massachusetts · Apr 10, 2018

qualified; (3) issuing false disciplinary reports, ostensibly for misusing the microwave oven, facing the wrong direction while sitting outside in the unit yard, and improperly wearing shorts she had purchased … Amendment immunity, 18 U.S.C. § 242 does not provide a private action, and the allegations did not support a claim under 42 U.S.C. § 1985(2) or (3).

Commonwealth v. Robinson-Van Rader

Massachusetts Supreme Judicial Court · May 15, 2023

We conclude that it was not clearly erroneous. … The fact that Eunis's testimony was contradicted by his partner's testimony does not render the judge's finding clearly erroneous.

Bergan v. Massachusetts Commission Against Discrimination

6 Mass. L. Rptr. 632 · Massachusetts Superior Court · Mar 18, 1997

This claim clearly falls within that category of discrimination claims designated under the rubric of “disparate impact” claims. … White was more qualified than Bergan for the guidance counselor position.

Draper v. Healey

98 F. Supp. 3d 77 · District Court, D. Massachusetts · Mar 5, 2015

The Court concludes that this injury is too speculative to qualify as an “injury in fact”. The organization plaintiffs therefore lack standing to sue on their own behalf. … constitutional challenge to a state statute “because the provisions at issue attempt only to decrease in number certain firearms deemed particularly dangerous by the legislature for the sake of public safety, which interests are clearly

Mullane v. Breaking Media, Inc. et.al.

District Court, D. Massachusetts · Jan 6, 2020

Legal Standard To establish libel under Massachusetts law, a plaintiff must establish “(1) that the defendant published a written statement … The privilege provides immunity “from liability for claims arising out of such reports.” Yohe v. Nugent, 321 F.3d 35, 42 (1st Cir. 2003).

Massachusetts Probation Ass'n v. Commissioner of Administration

370 Mass. 651 · Massachusetts Supreme Judicial Court · Jul 12, 1976

L. c. 276, § 99A, and the Commissioner is empowered to qualify or disqualify an applicant for the position of probation officer. G. L. c. 276, § 99. … Furthermore, the statutes relating to State employees which are specified in § 7 apply only to employees clearly within the executive branch.