Case law

State Police for Automatic Retirement Ass'n v. Difava

164 F. Supp. 2d 141 · District Court, D. Massachusetts · Sep 5, 2001

The Court also allowed the State defendants’ motion to dismiss the complaint on qualified immunity grounds, with prejudice, insofar as the plaintiffs sought monetary damages. (Id.) … Com., 373 Mass. 359, 366 , 366 N.E.2d 1262 (1977) (stating that such discretion is necessary to “establish[] and sustain[] uniform and consistent legal policy for the Commonwealth.”).

Opinion of the Justices to the Senate & the House of Representatives

341 Mass. 760 · Massachusetts Supreme Judicial Court · Aug 9, 1960

To the first question, if qualified as containing a proviso that each project is properly found (in accordance with c. 121A as amended by the bill) to be for a public purpose, we answer, “Yes.” … To question 3, qualified by the same proviso as we suggested to question 1, the answer is “Yes.” The answer to question 4, which is also comprised in our answer to question 1, is “Yes.”

Singleton v. Sinclair Broadcast Group, Inc.

660 F. Supp. 2d 136 · District Court, D. Massachusetts · Oct 6, 2009

Thus, Plaintiff has failed to establish that she was a “qualified” handicapped person — as required under Chapter 151B — at the time Sinclair terminated her employment. … If a Plaintiff can prove bad faith, she is awarded damages for “the loss of compensation that is ... clearly related to an employee’s past service.” Gram v. Liberty Mut. Ins.

In Re Volkswagen & Audi Warranty Extension Litigation

784 F. Supp. 2d 35 · District Court, D. Massachusetts · Mar 24, 2011

The other three benefits have significant value, but they are not payable out of an established fund. … He reports to this court that [o]n almost every issue, this has been a very hard-fought case, by very well-qualified counsel, on both sides.

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.

School Committee v. Board of Education

448 Mass. 565 · Massachusetts Supreme Judicial Court · Mar 22, 2007

The statutory and regulatory scheme clearly discloses that, in the case of Commonwealth charter schools, the Legislature intended that school committees have a very limited role in the charter school process. … curriculum in comparison with the level of the curriculum in the district schools; (3) Whether the needs of special education students and English Language Learners will be adequately addressed; (4) AMSA’s plans to hire qualified

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.

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

Commonwealth v. Kateley

461 Mass. 575 · Massachusetts Supreme Judicial Court · Feb 24, 2012

We suggest that the forms and letter from the board be revised to reflect clearly and accurately how an offender should fulfil that duty. … Pagan concerned CPSL for certain qualifying repeat sex offenders. Pagan, supra at 165-167 . See G. L. c. 265, § 45; G.

Southwest Boston Senior Services, Inc. v. Whatley

396 F. Supp. 2d 50 · District Court, D. Massachusetts · Oct 25, 2005

To establish removal jurisdiction based on a federal question under 28 U.S.C. § 1441 (a), 1 federal subject matter jurisdiction must be established within the four corners of the plaintiff’s complaint. … While “[t]he precise scope of the probate exception has not been clearly established,” it is clear that “[a]s a general matter, courts tend to view the probate exception as extending to all suits ‘ancillary’ to the probate

Trio Algarvio, Inc. v. Department of Environmental Protection

56 Mass. App. Ct. 425 · Massachusetts Appeals Court · Nov 12, 2002

That demand, we think, is clearly in derogation of the grant formerly made, and cannot be sustained.” Id. at 83. … Therefore, Trio’s property does not qualify for the exemption from the Department’s definition of Commonwealth tidelands.”

Commonwealth v. Cruz

53 Mass. App. Ct. 393 · Massachusetts Appeals Court · Dec 18, 2001

There were additionally no “corroborat[ing] . . . circumstances clearly indicating [their] trustworthiness,” Commonwealth v. … Until the long-established rule here applied has been expressly altered by the Supreme Judicial Court (see, e.g., id. at 69-72 ; Flood v.

Richard Lundgren, Inc. v. American Honda Motor Co.

2 Mass. L. Rptr. 571 · Massachusetts Superior Court · Sep 15, 1994

Here, American Honda had already approved the plaintiffs relocation, which was immanent when it issued its February 12, 1992 notice to the plaintiff, so that both parties were clearly contemplating plaintiffs new location … other motor vehicle dealers of the same line make with a place of business in the market area to be served by the additional franchisee have adequate motor vehicle sales and service facilities, equipment, vehicle parts and qualified

Regan v. Falmouth Conservation Commission

25 Mass. L. Rptr. 562 · Massachusetts Superior Court · Dec 5, 2008

The record clearly supports the conclusion that the property contains a peat shelf and shellfish. (See, e.g., A.R., Ex. 7 at p. 1.) … The record does not establish when the Plaintiffs filed this request. “S.A.R.”

Commonwealth v. Butler

464 Mass. 706 · Massachusetts Supreme Judicial Court · Mar 26, 2013

It is well-established that indictment or arrest starts the speedy trial clock. See United States v. … We need not tarry here, as a ten-year delay, as the Commonwealth concedes, clearly weighs heavily against the Commonwealth. ii. Reasons for delay.

P. Gioioso & Sons, Inc. v. Liberty Mutual Insurance

33 Mass. L. Rptr. 511 · Massachusetts Superior Court · Aug 27, 2016

Clearly, if Liberty believed that an appeal would likely be successful, it would be to its advantage to pursue the appeal. … Gioioso argues that the actuarial calculation exceeded the amount of reserves established on all open claims.

Rubenstein v. Liberty Mutual Insurance

4 Mass. L. Rptr. 272 · Massachusetts Superior Court · Aug 23, 1995

On reflection, I hesitate to do so, however, because the court’s brief discussion of the issue is clearly confined to the question whether Tufts or its wholly owned subsidiary was the prior owner. … The court concluded that subsurface groundwater did not qualify as being owned by the state, and thus was not third-party property.

Whyman v. Whalen

District Court, D. Massachusetts · Jun 22, 2018

to that finding, Whalen is entitled to qualified immunity. … Ramirez, 540 U.S. 551, 563 (2004) (qualified immunity applies unless it “would be clear to a reasonable officer that his conduct was unlawful.”).

Lee v. Daniel (In re Daniel)

568 B.R. 162 · United States Bankruptcy Court, D. Massachusetts · May 25, 2017

Ivy to Lee and Defonseca” and that she engaged in deceptive business dealings “clearly outside the penumbra of any established concept of fairness.” Lee v. Mt. Ivy Press, No. MICV1998-02456, 2002 WL 33956822 (Mass. … Lee's favor was predicated on findings of willful and knowing fraudulent conduct for purposes of qualifying for nondischargeability under § 523. .

McConnell v. Texaco, Inc.

727 F. Supp. 751 · District Court, D. Massachusetts · Jan 2, 1990

Thus, the employee welfare benefit plan at issue in this case, TETAP, is clearly a plan to which ERISA applies. Accordingly, TETAP is subject to the standards relating to fiduciary responsibility established by ERISA. … Grant qualified as a fiduciary and was required to uphold these fiduciary duties in administering TETAP.