Case law

Girdosky v. Board of Zoning Appeal

11 Mass. L. Rptr. 516 · Massachusetts Superior Court · Dec 28, 1999

The Swiss government intends to establish on the locus a consular office and program that would be known as the Swiss House for Advanced Research and Education (SHARE or Swiss House). … The loss of the market — which clearly was the principal loss asserted by all the plaintiffs at trial — does not represent “ ‘a plausible claim of a definite violation of a private right, a private property interest, or a

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.

In re Rehman

479 B.R. 238 · United States Bankruptcy Court, D. Massachusetts · Oct 5, 2012

Rehman’s affidavit to establish that the following occurred. Prior to completion of her bankruptcy schedules, Ms. … Clearly, the words “successors” and “assigns” have different meanings. S. Patrician Associates v. Int’l Fid. Ins. Co., 191 Ga.App. 106 , 381 S.E.2d 98, 99 (1989).

LAPPEN v. Astrue

792 F. Supp. 2d 98 · District Court, D. Massachusetts · Jun 15, 2011

Later, he qualified this conclusion, testifying that, given her record, it was impossible to tell exactly what contributed to her instability. … Lappen argues that the administrative record clearly indicates that Dr. Jonas could not, and did not, render a dispositive opinion as to the severity of Ms. Lappen’s mental health impairments.

Lowney v. Genrad, Inc.

925 F. Supp. 40 · District Court, D. Massachusetts · Dec 19, 1995

The employer employed ten people to administer the program, whose task was to determine which of the employer’s 120,000 employees were qualified for the program. Id. at 69-70 . … The Agreement did not become part of Genrad’s established ERISA Plan Lowney next contends that the Agreement became part of Genrad’s established ERISA Plan.

Commonwealth v. Fowler

2 Mass. L. Rptr. 168 · Massachusetts Superior Court · Mar 31, 1994

Mueller was qualified as an expert in the field of population genetics. Dr. … However, the evidence presented in this case clearly establishes that the 1992 NRC Report did not in fact reflect a consensus of scientific opinion.

Sellig v. Visiting Nurse & Community Health, Inc.

10 Mass. L. Rptr. 231 · Massachusetts Superior Court · Jun 10, 1999

The record does not clearly reveal when in relation to VNCH’s receipt of the fax from Lathrop that conversation took place. … A narrow exception to this rule exists where the employee can demonstrate that she was terminated in violation of a *234 “clearly established public policy.” Upton, 425 Mass. at 757 . See also DeRose v. Putnam Mgt.

Pina v. Superintendent, Massachusetts Correctional Institution

376 Mass. 659 · Massachusetts Supreme Judicial Court · Nov 16, 1978

Alternatively the defendant argues that we should abandon the long established rule prohibiting appeal from the grant of habeas corpus. … That the Legislature adopted this recommendation is clearly reflected in the language of § 129 which ties the granting and revocation of crfedit to time spent in confinement.

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.

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).

Coleman v. Astrue

726 F. Supp. 2d 36 · District Court, D. Massachusetts · Jul 29, 2010

A hearing officer, as a lay person, generally is not qualified to interpret raw medical data to determine a claimant’s RFC. Manso-Pizarro, 76 F.3d at 17 . … The hearing officer was not properly qualified to so conclude without the aid of an expert. After being diagnosed with ADHD and anxiety disorder, Coleman’s condition improved with medicinal treatment.

Town Planning & Engineering Associates, Inc. v. Amesbury Specialty Co.

369 Mass. 737 · Massachusetts Supreme Judicial Court · Feb 13, 1976

conclusion that blasting without complying with the requirements ... is so repugnant to public policy that the defendant should receive a gift of the plaintiff’s services.” 14 Professor Corbin adds: “The statute may be clearly … 30 A.L.R. 834 (1924); 42 A.L.R. 1226 (1926); 118 A.L.R. 646 (1939); 82 A.L.R.2d 1429 (1962); 26 A.L.R.3d 1395 (1969). 16 We pass over objections to the judge’s charge on grounds of argumentativeness and the like as not established

Commonwealth v. Colantonio

31 Mass. App. Ct. 299 · Massachusetts Appeals Court · Aug 29, 1991

A witness who may be “effectively immunized from further prosecution by his prior conviction [ ] . . . … Early in the charge on self-defense and defense of another, the judge clearly and forcefully instructed the jury that the burden of proof on this issue remains with the Commonwealth at all times.

Graney v. Metropolitan District Commission

13 Mass. L. Rptr. 492 · Massachusetts Superior Court · Aug 28, 2001

In fact, the record appears to establish the contrary, that the MBTA owns the land. … Apr. 19, 2001), 2001 WL 393722 , the Court of Appeals of Ohio, on facts bearing some resemblance to this case, held that no immunity was available to a city.

Clay v. Massachusetts Parole Board

475 Mass. 133 · Massachusetts Supreme Judicial Court · Aug 12, 2016

analysis, "not every retroactive procedural change creating a risk of affecting an [individual's] terms or conditions of confinement is prohibited," Garner, 529 U.S. at 250, and whether such a retroactive application qualifies … Youngblood, 497 U.S. 37, 42 (1990), held that the amendment was "clearly procedural in nature and [did] not alter the criteria that the [b]oard applies in determining parole eligibility." Gonzalez, supra.

Rolland v. Cellucci

191 F.R.D. 3 · District Court, D. Massachusetts · Jan 10, 2000

In particular, the Supreme Court found a qualified right to community placement for two patients who had been confined for treatment to a state mental hospital when the state’s treatment professionals determined that community … Clearly, the case has been aggressively litigated. Indeed, only at the end of discovery did the parties engage in a seven day, fifty-five hour mediation marathon.

Phone Recovery Services, LLC v. Verizon of New England, Inc.

33 Mass. L. Rptr. 102 · Massachusetts Superior Court · Oct 27, 2015

It argues that the 911 surcharges qualify as fees based on the three-factor analysis discussed below and, thus, its MFCA claim in Count I properly states a claim upon which relief can be granted. … The Legislature clearly intended for the monies collected from the 911 charges to be used for the implementation and administration of 911 services in the Commonwealth to benefit the general welfare.

United States v. Kelly

543 F. Supp. 1303 · District Court, D. Massachusetts · Jul 26, 1982

(B) A lawyer who receives information clearly establishing that: (1) His client has, in the course of the representation, perpetrated a fraud upon a person or tribunal shall promptly call upon his client to rectify the same … The ABA Code of Professional Responsibility requires that when a lawyer receives information clearly establishing that a person other than his client has perpetrated a fraud during a trial, that lawyer must “promptly reveal

Nancy P. v. D'AMATO

401 Mass. 516 · Massachusetts Supreme Judicial Court · Jan 13, 1988

The judge found that the mother suffered no physical consequences from the events, and he was not clearly erroneous in so finding. … The defendant had called her as a witness but had not attempted to qualify her as an expert. The witness’s background warranted the judge’s implied finding of her qualification to give the opinions sought.

Giannetti v. Mahoney

218 F. Supp. 2d 8 · District Court, D. Massachusetts · Aug 23, 2002

Despite a surface resemblance, the present matter is clearly distinct from Carlo and Vartanian . 7 First, both Carlo and *14 Vartanian concerned claims against employers acting in their ERISA fiduciary capacities. … Similarly, the Eleventh Circuit, sitting en banc, has found that a state-based fraud claim against an individual insurance agent was not preempted and, in so doing, said the following: To immunize insurance agents from personal