Case law

Heins v. WILHELM LOH WETZLAR OPTICAL MACH. GMBH

26 Mass. App. Ct. 14 · Massachusetts Appeals Court · May 11, 1988

does not advertise its products or employ agents or salesmen to solicit business in the United States; it does not pay Federal or Massachusetts income taxes; it owns no property in Massachusetts; it is not registered or qualified … As a result, the statutory standard has not always been clearly and separately defined. See and compare " Automatic" Sprinkler Corp., 361 Mass. at 442-443 ; Droukas v.

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.

1611 Cold Spring Road Operating Company, LLC v. Skinner

District Court, D. Massachusetts · Dec 3, 2024

June 5, 2024) (finding the defendants’ qualified immunity arguments waived where they were not sufficiently developed; collecting cases). … that a violation of the building code necessarily qualifies as a violation of c. 93A, § 2”).

Adams v. Congress Auto Insurance Agency, Inc.

90 Mass. App. Ct. 761 · Massachusetts Appeals Court · Dec 21, 2016

Well-established exceptions to that rule are recognized in the employment context. … Gainsboro Restaurant, Inc., 465 Mass. 165, 176-177 (2013) (Klairmont) ("in the absence of conduct that qualifies as unfair or deceptive, a negligent act or negligent acts, alone, do not violate [G. L.] c. 93A").

Walker v. Board of Appeals

3 Mass. Supp. 341 · Massachusetts District Court · Mar 16, 1982

Clearly, there is no longer a trial de novo available under the current language of G.L.c. 40A, s. 17. … Actions under G.L.c. 40A, s. 17, are clearly equitable in character.

Shawmut Bank, N.A. v. Duffy

3 Mass. L. Rptr. 350 · Massachusetts Superior Court · Mar 2, 1995

Having produced the notes, and established the genuineness of the signatures, Shawmut cast on Duffy and Doucette the burden of establishing a defense. See G.L. c. 106, §3-307(2); Coupounas v. … Shawmut apparently made an additional concession from its original bargaining position, although the precise nature of that concession is not clearly set forth.

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.

Kuong v. Wong

31 Mass. L. Rptr. 548 · Massachusetts Superior Court · Jun 13, 2013

Each of the Plaintiffs did so, investing among them hundreds of thousands of dollars, notwithstanding the undisputed fact that each of the two leases clearly provided that “improvements” would become property of the lessor … The code violations here do not stand alone, and I need not consider whether they would stand alone to establish a statutory violation. 7.

Commonwealth v. Colon-Cruz

393 Mass. 150 · Massachusetts Supreme Judicial Court · Oct 18, 1984

The same dictionary defines “regulate” as follows: “To fix, establish, or control; to adjust by rule, method, or established mode; to direct by rule or restriction; to subject to governing prin *159 ciples or laws ” (emphasis … Clearly, Jackson’s right to a jury trial was burdened unconstitutionally by such provision.” Mann, supra. LeRoy is also distinguishable .from Jackson and from the present,case.

Vlahos v. Alight Solutions Benefit Payment Services, LLC

District Court, D. Massachusetts · Aug 8, 2018

Vlahos participated in a 401(k) retirement savings plan (the “Plan”), which established a retirement savings account (the “Account”). Id. ¶ 6. … The Planhere clearly states that the plan participant, Mr. Vlahos, “may withdraw all or part of his . . . account balance at any time.” [ECF No. 11-1 § 7.2].

Loring v. Young

239 Mass. 349 · Massachusetts Supreme Judicial Court · Aug 8, 1921

It is the only authoritative instru *359 mentality to that end established by the Constitution. … Borden, 7 How. 1 , which is the established and which the revolutionary, may under appropriate circumstances be a political question.

The Alexander

1 F. Cas. 357 · U.S. Circuit Court for the District of Massachusetts · Oct 15, 1813

That authorizes the president “to establish and order suitable instructions for the better governing and directing the conduct” of privateers; which can only mean instructions for the internal discipline and management of … War would exist every where, except as to the trade from this favored island, and there an immunity from capture would invite the enure intercourse of peace.

Barton v. Temescal Wellness, LLC

District Court, D. Massachusetts · Mar 8, 2021

Defendant argues that Barton is not a residential subscriber and that the texts she received do not qualify as solicitations. … The Texts Barton Received Qualify as Solicitations.

Dunfey v. Roger Williams University

824 F. Supp. 18 · District Court, D. Massachusetts · Jun 10, 1993

No administrator will qualify for severance pay unless he has a minimum of ten years of service as an administrative employee of the College. … A count may be dismissed for failing to state a claim “only if it clearly appears, according to the facts alleged, that the plaintiff cannot recover on any viable theory.” Id.

In Re Ludlow Hospital Society, Inc.

216 B.R. 312 · United States Bankruptcy Court, D. Massachusetts · Dec 30, 1997

Moreover, the Court determines it reasonable to find, as Daley avers, that a shortage of qualified workers limits the public’s access to health care services and increases the costs to the Commonwealth to fund public health … The court determined that the assessments imposed on the walnut producers to defray the costs of operating the commission *323 clearly served a private purpose.

United Parcel Service, Inc. v. Chadwick's of Boston, Ltd.

900 F. Supp. 557 · District Court, D. Massachusetts · Oct 4, 1995

First, it is well established in the First Circuit that a contention presented in only a cursory way is not preserved for decision on the merits. See, e.g., New Hampshire Motor Transport Association v. … The Commission would be better qualified to make these evaluative choices. Its expertise would be helpful, even if not “required.”

Smith Ex Rel. Smith v. General Electric Co.

938 F. Supp. 70 · District Court, D. Massachusetts · Sep 6, 1996

The distinction between an indemnitee and a party immune from suit is critical, especially in a punitive damages context. … The plaintiff has no cause of action unless she is able to establish that Smith’s exposure exceeded the whole body external dose limits established by 10 C.F.R.

Yeshiva Achei Tmimim Lubavitz of Worcester, Inc. v. Baylis

18 Mass. L. Rptr. 616 · Massachusetts Superior Court · Dec 29, 2004

For Federal Tax purposes, it is qualified under §501(c) (3) of the Internal Revenue Code as a charitable organization. … This Court finds that any serving Rabbi who is also an officer of Yeshiva does qualify to serve as a trustee, but that Rabbi’s immediate family member does not. ORDER (1) Thomas F.

Sturges v. Town of Chilmark

380 Mass. 246 · Massachusetts Supreme Judicial Court · Mar 27, 1980

See St. 1974, c. 637, establishing the Martha’s Vineyard Commission. We discussed this legislation in Island Properties, Inc. v. … Practical considerations thus support our conclusion that § 6 was not intended to restrict residential use of two otherwise qualifying adjacent lots which meet only at a point. *262 5.

Commonwealth v. Lamontagne

42 Mass. App. Ct. 213 · Massachusetts Appeals Court · Feb 14, 1997

L. c. 233, § 20, as appearing in St. 1983, c. 145, is that any person of ‘sufficient understanding’ is qualified as a witness. ‘While age is of importance, it is not the test.’ Commonwealth v. … Although an excessive use of fresh complaint witnesses can result in a legitimate risk of undue prejudice, that risk is alleviated where the trial judge clearly, emphatically, and repeatedly instructs the jury not to use