Case law

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

A.M.L. International, Inc. v. Daley

107 F. Supp. 2d 90 · District Court, D. Massachusetts · Jul 28, 2000

To allow broad-based participation in the management process, the Magnuson-Stevens Act created eight regional fishery management councils composed of state fishery managers, the regional NMFS fisheries administrator, and qualified … The SDFMP, according to the best scientific information at the time, clearly indicated that SSBmax was 200,000 metric tons.

Rams v. Chater

989 F. Supp. 309 · District Court, D. Massachusetts · Dec 11, 1997

The medical evidence establishes that the claimant has bulging cervical disc and possible thoracic outlet syndrome. *312 5. … vocationally qualified to perform some other work that exists in significant numbers of jobs in the regional and national economy.

North American Assurance Co. of America v. Payzant

27 Mass. L. Rptr. 226 · Massachusetts Superior Court · May 5, 2010

Ciiy of Brockton violated both a statutory provision, M.G.L.c. 93A, §2, under which government entities are exposed to liability only when they are engaged in trade or commerce, and “fundamental principles of sovereign immunity … This statutory scheme clearly evidences an intention by the legislature to protect insureds from unfair insurance practices.

Doe v. Superintendent of Schools

421 Mass. 117 · Massachusetts Supreme Judicial Court · Aug 11, 1995

Clearly, since McDuffy , the Commonwealth has a duty to provide education to the plaintiff and it is an enforceable one. *138 McDuffy v. … interests of literature and the sciences, and all seminaries of them; especially the university at Cambridge, public schools and grammar schools in the towns; to encourage private societies and public institutions, rewards and immunities

Rogers & Hubbard Co. v. Beszko

6 Mass. App. Div. 245 · Massachusetts District Court, Appellate Division · Jun 16, 1941

grievances claimed in the report are those claimed by the plaintiff as follows: “Because the court denied its requested rulings numbered 6, 7 8, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 23, 24, 25, 26, 27, 28, 29, 30 and 31, qualified … The fact that the trustee had actual, as well as constructive, notice of the mortgage is clearly found.

Commonwealth v. Wright

Massachusetts Appeals Court · Aug 18, 2015

The applicant is then able to employ the EBT card to make qualifying purchases. … Section 59 establishes venue for larceny by false pretenses as follows: "The crime of obtaining money or a personal chattel by a false pretence . . . may be alleged to have been committed, the Commonwealth could

United States v. Zak

476 F. Supp. 2d 29 · District Court, D. Massachusetts · Mar 7, 2007

To qualify for Fourth Amendment protection, “a privacy expectation must meet both subjective and objective criteria: the complainant must have an actual expectation of privacy, and that expectation *35 must be one which society … Although the Fourth Amendment clearly applies “to commercial premises, ... [a]n expectation of privacy in commercial premises ... is different from, and indeed less than, a similar expectation in an individual’s home.”

Boston's Children First v. Boston School Committee

260 F. Supp. 2d 318 · District Court, D. Massachusetts · Apr 23, 2003

The plan called for a Parent Information and Student Assignment Center to be established in each Zone to guide parents through the school assignment process. … Viera Perez, 831 F.2d 365, 372 (1st Cir. 1987) (“The scope of injunctive relief is dictated by the extent of the violation established ...

Marsman v. Western Electric Co.

719 F. Supp. 1128 · District Court, D. Massachusetts · Aug 23, 1988

a complainant’s initial burden of establishing a prima facie case of disparate treatment is not onerous.” … The Union clearly points out that in response to questions at her deposition, Marsman failed to identify any incident by the Union of anything that would resemble a threat, coercion or intimidation. See Marsman Dep.

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.

Dyjak v. Baystate Health Systems, Inc.

945 F. Supp. 2d 197 · District Court, D. Massachusetts · Apr 17, 2013

Underwood was under 40 years old at the time and was not as qualified as Plaintiff. (Pi’s SOF ¶ 65-66.) … a prima facie case because she was a member of a protected class, qualified for the job, terminated, and replaced by someone who was at least five years younger than she.

Spence v. Reeder

382 Mass. 398 · Massachusetts Supreme Judicial Court · Feb 2, 1981

We do not accept the BHA’s argument that the receivership itself immunizes the court and the receiver from compliance with statutes and regulations that bear on the operations of the BHA. … L. c. 121B, § 32), and clearly the procedures of the eviction proceeding itself, at least as applied, conformed to the requirements of procedural due process.

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

Painters & Allied Trades District Council 82 Health Care Fund v. Forest Laboratories, Inc.

315 F.R.D. 116 · District Court, D. Massachusetts · Jun 2, 2016

The FDA denied Forest’s application for a pediatric indication for Celexa after finding that the Lundbeck Study was a clearly negative study. The other two studies addressed the efficacy of Lexapro. … The named plaintiff must show that 1) its interests align with those of the class and 2) its counsel is qualified, experienced and able to litigate the claims vigorously. See Andrews v.

Pump, Inc. v. Collins Management, Inc.

746 F. Supp. 1159 · District Court, D. Massachusetts · Mar 9, 1990

The court went on to state: The logical consequence of adopting Goodyear’s position [that reverse confusion was not actionable] would be the immunization from unfair competition liability of a company with a well-established … While many fans are clearly loyal to their favorite bands, this Court takes judicial notice, Fed.R.

Zeh v. Zeh

35 Mass. App. Ct. 260 · Massachusetts Appeals Court · Sep 3, 1993

The applicable legal principles are well established. “Under G. L. c. 208, § 34, a judge has broad discretion to divide marital property equitably. See Drapek v. Drapek, 399 Mass. 240, 243 (1987). … While an expectancy of an inheritance does not qualify as property subject to division under G.

Commonwealth v. Scott

52 Mass. App. Ct. 486 · Massachusetts Appeals Court · Sep 6, 2001

It is well established that, when reviewing action on a motion to suppress, “we accept the motion judge’s subsidiary findings of fact absent clear error.” Commonwealth v. … To qualify as ‘reasonable,’ the officer’s suspicion ‘must be based on specific, articulable facts and reasonable inferences drawn therefrom.’

Commonwealth v. Murphy

59 Mass. App. Ct. 571 · Massachusetts Appeals Court · Oct 15, 2003

Frangipane, 433 Mass. 527, 538 (2001) {Lanigan hearing not necessary where qualified expert testimony has been accepted as reliable in the past in Massachusetts appellate cases). 6 There was no abuse of discretion or error … The trial court’s finding here was not clearly erroneous, nor was there an abuse of discretion.

DiStefano v. Stern

236 B.R. 112 · District Court, D. Massachusetts · Jul 27, 1999

Additionally, “[i]t is an established rule of law that establishing a genuine issue of material fact requires more than effusive rhetoric and optimistic surmise.” Fajardo Shopping Center v. … This action, though perhaps improper, clearly has no bearing whatsoever on the ultimate Chapter 7 liquidation amount or the DiStefanos claims. 2.