Case law

Forte v. Medeiros

239 F. Supp. 3d 310 · District Court, D. Massachusetts · Mar 9, 2017

Under the AED-PA: a federal court may grant habeas relief if the state court adjudication “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined … An adjudication will be contrary to clearly established law if the state court ‘applies a rule that contradicts the governing law set forth’ by the Supreme Court or ‘confronts a set of facts that are materially indistinguishable

Bliss v. Rice

34 Mass. 23 · Massachusetts Supreme Judicial Court · Sep 15, 1835

We proceed to inquire, whether the proprietors of the saw-mill have an absolute, or only a qualified right to the river against the south shore opposite to their mill privilege. *32 In 163S the site now occupied for the saw-mill … The acts and declarations of the Bartletts upon that matter, being against their owrn interests, were clearly admissible The water, a foot, more or less, in depth, that runs over *36 the top of the dam, is not, as it regards

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.

Wellesley Hills Realty Trust v. Mobil Oil Corp.

747 F. Supp. 93 · District Court, D. Massachusetts · Sep 4, 1990

WHRT relies on section 5(a)(5) to establish Mobil’s liability for contaminating the property. … For the purposes of this motion, this Court accepts WHRT’s allegations that Mobil’s operation of the gas station qualifies as an abnormally dangerous activity, that the risk of release of oil is precisely what makes operation

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.

First Congregational Parish of West Boylston v. Inhabitants of West Boylston

1 Davis. L. Ct. Cas. 282 · Massachusetts Land Court · Oct 15, 1907

first petition for incorporation or provide them* selves with the necessary accommodations for enjoyment of public worship among themselves, was then considered, and the result was it would be felt greatest wisdom first to establish … Later, there were two calls, one- for those qualified to vote in church matters, and the other for those only qualified to vote in town affairs. There was no church organization capable of holding property.

Halebian v. Berv

457 Mass. 620 · Massachusetts Supreme Judicial Court · Aug 23, 2010

Rule 1:03, as amended, 382 Mass. 700 (1981), the following question of State law: “Under Massachusetts law, can the business judgment rule, established under Mass. Gen. … Laws Ann. at 147-148 (West Supp. 2010). 12 The Legislature has clearly distinguished between the terms “commence” and “maintain” elsewhere in the Act. See G.

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.

In Re Hyde

334 B.R. 506 · United States Bankruptcy Court, D. Massachusetts · Sep 26, 2005

This provision essentially “immunizes” exempt property against any liability for prepetition debts. Otiien, 500 U.S., at 307 , 111 S.Ct., at 1835 . This immunization continues even after the bankruptcy case is closed. … The question remains, however, as to the effect of the Debtor’s voluntary conveyance of his Property, because clearly the conveyance of his Property had the effect of terminating the homestead. 8 This Court need not decide

Jackson v. Marshall

634 F. Supp. 2d 146 · District Court, D. Massachusetts · Jun 18, 2009

While the rule is well-established, the process for managing and analyzing mixed petitions has changed significantly over time. Pursuant to Rose v. … Jackson relies heavily on Phoenix , arguing that his claims in state court “were not resolved on the basis of a state procedural bar, nor were they clearly resolved on the basis of state law.” Jackson Reply at 4.

Commonwealth v. Randy S. White.

Massachusetts Appeals Court · Aug 15, 2025

It is not necessary for a judge to expressly qualify an EMT as an expert, "[a] judge may implicitly qualify an experienced, certified EMT as an expert." Bouley, 93 Mass. App. Ct. at 714, quoting Commonwealth v. … "The judge's findings in reconstructing the record are supported by the evidence and not clearly erroneous." Flint, supra at 804. See also Commonwealth v. Aboulaz, 44 Mass. App.

Commonwealth v. Beland

436 Mass. 273 · Massachusetts Supreme Judicial Court · Mar 12, 2002

The defendant did, however, suffer from some cognitive deficits, testing in the borderline range for intelligence, but his deficiencies were not severe enough to qualify as a mental defect. Dr. … The rule we established in Commonwealth v. Mavredakis, supra, is designed to effectuate the protections against self-incrimination afforded to suspects under art. 12.

L.B. v. Chief Justice of the Probate and Family Court Department

474 Mass. 231 · Massachusetts Supreme Judicial Court · May 4, 2016

s cases denied her requests on the ground that a "petition for removal of [a] guardian does not qualify [for] appointment of parent's counsel," and the judge in C.L.' … Having counsel at one phase of a guardianship proceeding clearly does not suffice for due process purposes if the parent is also entitled to have counsel at another phase.

Town of Hingham v. Slater

98 F. Supp. 2d 131 · District Court, D. Massachusetts · May 30, 2000

Established in 1635, Hingham is the northern-most town in Plymouth County, 18 miles southeast of Boston by land and 11 miles southeast by water. … While the Greenbush Line was clearly a part of the Old Colony Rehabilitation Project, the inference must readily be drawn that it was not an indivisible part.

Gomez v. United States Postal Service

District Court, D. Massachusetts · Nov 29, 2021

version of the postal exam is made available to applicants with qualified disabilities. … To assert a failure to accommodate claim, Gomez must 13 establish: (1) that he suffered from a disability; (2) that he was a qualified to perform the

Cromartie v. Massachusetts Department of Corrections

District Court, D. Massachusetts · Dec 7, 2020

“It is well- established that ‘only those individuals who participated in the conduct that deprived the plaintiff of his rights can be held liable.’” Velez-Rivera v. … Section 1983 does not abrogate the Eleventh Amendment immunity of a state and its agencies from suit in federal court, Quern v.

King v. McDonough

District Court, D. Massachusetts · Mar 30, 2022

Plaintiff Has Failed to Establish He was Qualified to Perform the Essential Functions of His VSR Position Mr. … King’s failure to do any work for almost a year establishes that he was not qualified to perform the essential functions of his job.

Aberjona Nursing Center, Inc. v. Porter

11 Mass. L. Rptr. 132 · Massachusetts Superior Court · Nov 19, 1999

Once the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts establishing the existence of genuine issues of material fact. Id. at 17 . … Porter is a private paying patient until she might become qualified as a Medicaid participant; and (3) further acknowledges, as evidenced by the $20,000 check he signed and sent in March 1996 as well as by the promissory

Visiting Nurse Ass'n of North Shore, Inc. v. Bullen

866 F. Supp. 1444 · District Court, D. Massachusetts · Oct 12, 1994

The operative language, defendants claim, 21 clearly conferred a benefit on institutional providers. From the outset, § 30(A) was enacted to limit reimbursements. … to establish a single rate for each service category for all providers.

Attorney General v. Old Colony Railroad

160 Mass. 62 · Massachusetts Supreme Judicial Court · Nov 3, 1893

I am therefore of opinion that the peti-, tians should not be dismissed on the ground that the statute impairs the obligation of contracts securing to the defendants immunity from reduction of fares. … The Legislature’s determination of what is reasonable is also conclusive, subject only to the limitation that its enactment shall not conflict with any expressed or clearly implied provisions of the Constitution either of