Case law

Commonwealth v. Lopes

459 Mass. 165 · Massachusetts Supreme Judicial Court · Mar 29, 2011

sum, a police officer’s provision of a general notification of a defendant’s § 5A right that, although time sensitive, requires no immediate invocation, cannot properly be construed as a compulsion and, as such, fails to qualify … The prosecution must also establish, as a predicate to admissibility, conformity with regulations governing annual certification and periodic testing of the breathalyzer machine. 8 G. L. c. 90, § 24K. Commonwealth v.

229 Main Street Ltd. Partnership v. Commonwealth of Massachusetts, Department of Environmental Protection

251 B.R. 186 · District Court, D. Massachusetts · Jul 26, 2000

The Court accepts the bankruptcy court’s factual findings unless they are clearly erroneous. See Fed. R. Bankr.P. 8103; In re G.S.F. Corp., 938 F.2d 1467, 1474 (1st Cir.1991). … City of Lockport, 916 F.2d 890 , 892 n. 1 (3d Cir.1990) (giving U.C.C. § 9-301(2) as the prototypical statute which would qualify under the exception); In re Maryland Glass Corp., 723 F.2d 1138, 1143 (4th Cir.1983) (“If that

Mullin v. John Hancock Mutual Life Insurance

1 Mass. L. Rptr. 265 · Massachusetts Superior Court · Oct 28, 1993

The benefit plan must clearly grant discretionary authority to the administrator to determine the eligibility for benefits. Rodriguez-Abreu v. Chase Manhattan Bank, N.A., 986 F.2d 580 (1st Cir. 1993); Allen v. … Blue Cross and Blue Shield of Alabama, supra at 1568. *267 If a conflict of interest is established by the plan beneficiary, the burden shifts to the administrator “to prove that its interpretation of plan provisions committed

Cleary v. Knapp Shoes, Inc.

924 F. Supp. 309 · District Court, D. Massachusetts · Mar 15, 1996

The MassMutual Plan provided that an employee becomes eligible for coverage “on the first day of the calendar month coinciding with or next following the date [the employee] beeome[s] a qualified employee and completed] 2 … In a recent unpublished opinion concerning a pre-existing condition exclusion, the Sixth Circuit held that “a plan administrator attempting to establish exclusion from coverage has the burden to establish by a preponderance

Spencer Companies v. Chase Manhattan Bank, N.A.

81 B.R. 194 · District Court, D. Massachusetts · Dec 1, 1987

Unlike the Reid note, the notes in the present case list no conditions which modify or qualify the demand term of the note. Neither is K.M.C. Co. v. … Although the cases do not clearly define a “special account”, two characteristics emerge from the cases. Accounts which are devoted to one or only a few purposes are most clearly special deposits not subject.to setoff.

Miles v. Beusch

94 Mass. App. Ct. 1118 · Massachusetts Appeals Court · Jan 24, 2019

Thus, though we see no error in the judge's determination that the husband is "eminently" qualified for a director-level equity analyst position earning upwards of $ 400,000 per year, it is unclear from this record if and … The husband failed to include a copy of the GAL's report in the record appendix, and the only record citation he provides in his brief does not clearly establish that the GAL recommended joint legal custody.

Biele v. City of Boston Zoning Board of Appeals

27 Mass. L. Rptr. 348 · Massachusetts Superior Court · Mar 25, 2010

In his letter Zagorianakos states: The data clearly indicates that this is NOT A SURFACE RELEASE that originated from the 902 East Second Street property. … The audio tape of the hearing clearly establishes that the proviso was agreed-upon, though it was not included in the written decision.

Trotto v. Rodrigues

District Court, D. Massachusetts · Aug 8, 2024

Ten years later, after receiving immunity, Carlo testified to the same before a grand jury. … ‘substantial and injurious’] standard, habeas petitioners may obtain plenary review of their constitutional claims, but they are not entitled to habeas relief based on trial error unless they can establish

City of Boston v. Richardson

105 Mass. 351 · Massachusetts Supreme Judicial Court · Oct 15, 1870

Tc> imply from it a grant to every town previously established of all the flats within its bounds would be to deprive the ordinance of 1647 of all effect wherever it was most needed. … The second point is stated too generally, and has since been qualified-; but on the first point the decision has never been doubted. 2 Dane Ab. 700. Commonwealth v. Charlestown, 1 Pick. 180 . Commonwealth v.

Hays v. Ellrich

26 Mass. L. Rptr. 27 · Massachusetts Superior Court · Jul 13, 2009

Bank, the qualified custodian for CMF. The Rydex and Profunds accounts were liquidated and transferred on January 8, 2001 and January 11, 2001, respectively. … Hays describes this experience as routine personal finance matters, such as preparing annual tax returns and depositing money into an established IRA account.

DERMESROPIAN v. Dental Experts, LLC

718 F. Supp. 2d 143 · District Court, D. Massachusetts · Jun 11, 2010

established public policy” that was offended by his termination. … Driscoll, 418 Mass. 576 , 638 N.E.2d 488, 492 (Mass.1994) (“[W]e have recognized that an at-will employee has a cause of action for wrongful termination only if the termination violates a clearly established public policy

Long v. United States

4 Mass. Supp. 78 · Massachusetts District Court · Jan 5, 1983

Clearly Rule 56 permits affirmative defenses to be raised in a motion for summary judgment. Suckow Borax Mines Consol., Inc. v. Borax Consol., Ltd., 185 F.2d 196, 205 (9th Cir. 1950), cert. denied, 340 U.S. 943 (1951). … The plaintiffs argue essentially that any taxes paid by them during this three-year period qualify as a refund source for overpayments.

DeCambre v. Brookline Housing Authority

95 F. Supp. 3d 35 · District Court, D. Massachusetts · Mar 25, 2015

Second, if DeCambre intended to sue the BHA employees in their individual capacity, then the individual defendants would receive qualified immunity “insofar as their conduct does not violate clearly established statutory … Congress has expressly delegated rule-making authority to HUD to establish procedures for income verification. See McGann v. United States, No. 98 CIV. 2192 SAS, 1999 WL 173596 , at *6 (S.D.N.Y.

Commonwealth v. Angelo Todesca Corp.

446 Mass. 128 · Massachusetts Supreme Judicial Court · Mar 1, 2006

Clearly, a corporation cannot be criminally liable for acts of employee negligence that are not criminal; however, G. … Bearing in mind that “juries are uniquely qualified to apply *138 the reasonable person standard,” O’Connor v. SmithKline Bio-Science Labs., Inc., 36 Mass. App.

Bonin v. Chestnut Hill Towers Realty Corp.

392 Mass. 58 · Massachusetts Supreme Judicial Court · May 23, 1984

The record thus clearly supports a finding that in April, 1977, Carabetta was prepared to consider syndication offers from Star clients. … The court’s decision “trenches on our long-established, consistently applied, and zealously guarded line of demarcation between the respective roles, functions, and responsibilities of the judge and of the jury.”

Westland Housing Corp. v. Commissioner of Insurance

352 Mass. 374 · Massachusetts Supreme Judicial Court · Apr 13, 1967

He then ruled “that (a) the provision in Section III, Rule 9 of the experience rating plan established by the . . . [bureau], . . . … As employers, the plaintiffs are required either to take out workmen’s compensation insurance or to qualify as self-insurers. G. L. c. 152, § 25A.

Delta Traffic v. Transtop Inc.

776 F. Supp. 13 · District Court, D. Massachusetts · Jun 5, 1989

While the former question clearly does involve the expertise of the ICC, the latter does not.”). … As the court said, while the ICC is “free to change its policies, [it] is not free to change a clearly established rule of law.” Id. at 771 . See also West Coast Truck Lines, Inc. v.

Abramov v. Movshovich (In re Movshovich)

521 B.R. 42 · United States Bankruptcy Court, D. Massachusetts · Oct 23, 2014

Accordingly, the Company qualifies as an “insider.” … “The elements of an express trust have traditionally included an explicit declaration of trust, a clearly defined trust res, and an intent to create a trust relationship.” Fahey, 482 B.R. at 687 .

In the Matter of Hrones

457 Mass. 844 · Massachusetts Supreme Judicial Court · Sep 10, 2010

Loeb, 315 Mass. 176, 180 (1943), we have stated that the practice of law includes: “directing and managing the enforcement of legal claims *850 and the establishment of the legal rights of others, where it is necessary to … Here, the respondent’s conduct in knowingly facilitating Porter’s unsupervised discrimination practice clearly falls within the ambit of assistance in the unauthorized practice of law, and this holding upholds the purpose

Casey v. Casey

79 Mass. App. Ct. 623 · Massachusetts Appeals Court · Jun 7, 2011

[including] . . . military retirement benefits if qualified under and to the extent provided by federal law.” … financial award as a whole, including the treatment of the husband’s military pension as a stream of income, combined with the failure to award any alimony, 13 and the errors made in attributing income to the wife and in establishing