Case law

Sniffin v. Prudential Insurance Co. of America

11 Mass. App. Ct. 714 · Massachusetts Appeals Court · Apr 21, 1981

Also, the judge enlarged the number of parties who could benefit from the board’s rent increase determination by encompassing all tenants who qualified under the standards of Columbia Corp. vs. … The board had proceeded on a building-wide basis, and its mistaken reliance on the “Goldberg” formula clearly predominated over any questions affecting only individual tenants.

Commonwealth v. Fritz

472 Mass. 341 · Massachusetts Supreme Judicial Court · Jul 29, 2015

Merrell Dow Pharms., Inc., 509 U.S. 579 (1993), to establish the reliability of the methodology underlying Seay's testimony. … The judge who denied his motion for a new trial on this basis rejected the claim, pointing out that the record established a meaningful opportunity to establish bias on the part of these witnesses. We agree.

Attorney General v. Proprietors of the Meeting-house in Federal Street

69 Mass. 1 · Massachusetts Supreme Judicial Court · Nov 15, 1854

time be in want of a minister, shall have power, according to the word of God, to choose their own minister; and the major part of such inhabitants as do usually attend on the public worship of God, and are by law duly qualified … Whoever else, therefore, may be, or claim to be, cestuis que trust, the- holders of pews are clearly entitled to stand in that relation. For whom then were these grantees constituted trustees ?

Doe v. Sex Offender Registry Bd.

483 Mass. 131 · Massachusetts Supreme Judicial Court · Sep 13, 2019

Bard testified at Doe's 2015 hearing, where he was qualified as an expert witness. … Each element must be established by this standard.

Commonwealth v. Taylor

426 Mass. 189 · Massachusetts Supreme Judicial Court · Dec 3, 1997

“During the entire conversation the defendant was rational, soft spoken, clearly understandable, not emotional, or under the influence of alcohol or drugs, and [he] appeared of average intelligence.” … The evidence presented to the grand jury established probable cause that the defendant committed the crimes with which he was charged.

The Amy Warwick

1 F. Cas. 799 · District Court, D. Massachusetts · Apr 15, 1862

Some have apprehended that if this conflict of arms is to be deemed war, our enemies must have, against the government, aE the immunities of international beEigerents. … This is a known and well-established rule of decision which the court cannot disregard.

Mantha v. Quotewizard.com, LLC

District Court, D. Massachusetts · Feb 3, 2022

The cited disparity between the declaration and deposition testimony is not such that the Court must regard it as “clearly contradictory.” Cf. Colantuoni v. … No. 253) that Mantha established prudential standing.

Colyer v. Skeffington

265 F. 17 · District Court, D. Massachusetts · Jun 23, 1920

The freedom of a country m,ay be measured by its immunity from this baleful agency. … I do not think they would be qualified to do justice under such circumstances.

Merrill v. Ewen

Massachusetts Appeals Court · Jul 25, 2023

permanent residency away from the residence of the mother, or (5) established full-time employment after age eighteen. … c. 188, § 3 (b) (4), the Legislature clearly evinced an intent to prioritize support orders over the homestead estate.

RONALD GOLDMAN & others v. SECRETARY OF THE EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES.

101 Mass. App. Ct. 427 · Massachusetts Appeals Court · Jul 22, 2022

To qualify for Federal funding, participating States must submit for approval by CMS a "plan that details the nature and scope of the State's Medicaid program." Id. … [Note 9] Although the complaint states that MassHealth's coverage of neonatal circumcision is "[p]rohibited by Federal [l]aw," it does not clearly specify which provisions of Federal law are at issue.

Horton v. Marston

34 Mass. App. Dec. 132 · Massachusetts District Court, Appellate Division · Jul 1, 1966

“It is established firmly as the law of Massachusetts that in the ordinary letting of real estate there is no implied undertaking by the lessor that the premises are fit for occupancy, and there is no liability on the lessor … The law is clearly and forcibly stated with sufficient citation of authority in Stumpf v. Leland, 242 Mass. 168 .” There is an exception to that principle of law.

Commonwealth v. Chiero

24 Mass. L. Rptr. 376 · Massachusetts Superior Court · Apr 24, 2008

Hogan, 144 N.J. 216, 236 (1996) (“In order to perform that vital protective function, the grand juiy cannot be denied access to evidence that is credible, material, and so clearly exculpatory as to induce a rational grand … In order for the defendant to qualify for relief under this standard, the Commonwealth must knowingly present false or deceptive testimony, and it must be significant.

Bouvier v. Fusaro

District Court, D. Massachusetts · Sep 10, 2025

Williams, 490 U.S. 319, 325 (1989), or if the action fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. … The case caption must clearly name each and every party she is intending to sue. See Fed. R. Civ. P. 10(a) (“The title of the complaint must name all the parties”).

A.W. Chesterton Co. v. Massachusetts Insurers Insolvency Fund

445 Mass. 502 · Massachusetts Supreme Judicial Court · Dec 12, 2005

Within three days of receiving notice, in November, 1987, of Chesterton’s asbestos-related claims under the Midland policy, the Fund responded by expressly reserving its rights as to whether the claims qualified as covered … Cifrino, 328 Mass. 549, 557 (1952) (“It is well established in the Commonwealth that loches does not operate to bar a claim simply because the events which established rights in the plaintiff occurred long ago”).

In Re the Bible Speaks

65 B.R. 415 · United States Bankruptcy Court, D. Massachusetts · Oct 8, 1986

Clearly the Dovydenas claim poses a threat to the Debtor’s continued existence. … Termination of the automatic stay would clearly frustrate the principal purpose of the proposed reorganization. VI. Abstention Mrs.

Stewart v. Roy Bros. Inc.

358 Mass. 446 · Massachusetts Supreme Judicial Court · Dec 21, 1970

At the close of the evidence Roy moved for a directed verdict on the ground that common employment had been established as a matter of law. The motion was denied sub *454 ject to Roy’s exception. … Also, this case does not involve the clearly distinguishable situation in which a trucker was delivering materials to a construction site, or to a place where the owner of the materials was to use them. See Clark v. M.

R.R.K. v. S.G.P.

400 Mass. 12 · Massachusetts Supreme Judicial Court · May 14, 1987

Stappen, 336 Mass. 174 (1957), we recognized a third means to overcome the presumption of legitimacy: by a blood grouping test properly conducted by a qualified expert which definitely excludes the husband as the father. … No threshold showing of a constitutionally based claim was established.

Torrey v. FBI United States of America

District Court, D. Massachusetts · Jun 17, 2024

and the A.T.F.), these federal agencies have sovereign immunity from suit unless such immunity has been waived. See FDIC v. Meyer, 510 U.S. 471, 475 (1994). … However, Torrey has not clearly stated whether she filed a claim and/or petition concerning the seized property.

Boston Tomato & Packaging, LLC v. Bostonia Produce, Inc.

98 F. Supp. 3d 268 · District Court, D. Massachusetts · Apr 7, 2015

I conclude that Vardakostas did not have such knowledge under either Restate *274 ment standard and therefore qualifies as a bona fide purchaser for value. … These suppliers were, of course, paid only on the habitually slow schedule established by Bostonia over the years.

Walgren v. Board of Selectmen of Town of Amherst, Mass.

373 F. Supp. 624 · District Court, D. Massachusetts · Mar 22, 1974

Howes, supra, on the basis of plaintiffs’ allegations, some of which *633 were not established at the trial. … But that is clearly not the nature of the burden in this ease.