Case law

Maddux v. Usher

16 F. Cas. 362 · U.S. Circuit Court for the District of Massachusetts · Oct 15, 1878

If the delivery is unaccompanied by any act, word, or circumstance, to indicate that it is qualified, or made subject to the condition, the purchaser has a right to understand that the condition is waived. … determine whether the possession acquired by the marshal is valid and shall remain, and declares that other tribunals cannot be allowed to disturb the possession thus acquired, and take from him the property; but it is most clearly

Ora Catering, Inc. v. Northland Insurance

57 F. Supp. 3d 102 · District Court, D. Massachusetts · Nov 5, 2014

The insurance policy clearly and broadly states that “[n]o suit or action against [defendant] for the recovery of any claim by virtue of this policy shall be sustained” unless it is brought within the two-year statute of … Under defendant’s rationale, equipping and up-fitting the new permanent facility would have qualified as “extra expenses” only if plaintiff was unable to continue its business in the meantime or was in fact charged for the

Plumbers' Union Local No. 12 Pension Fund v. Nomura Asset Acceptance Corp.

894 F. Supp. 2d 144 · District Court, D. Massachusetts · Oct 1, 2012

an established ability to repay indebtedness in a timely fashion” and employment history was not “verified.” ... … The court concluded that Akerman does not relieve Defendants of their burden of establishing the affirmative defense of negative causation.

United States v. Metropolitan District Commission

147 F.R.D. 1 · District Court, D. Massachusetts · Feb 19, 1993

The treatment plant’s ability to meet water quality standards established under the Clean Water Act, 33 U.S.C. § 1251 et seq., is affected by the toxic content of the wastewater it receives. … MASPC, therefore, cannot qualify as a citizen for purposes of the citizen standing rule under Section 505. Consequently, MASPC is not entitled to intervene under Rule 24(a)(1).

Airbnb, Inc. v. City of Boston

District Court, D. Massachusetts · May 3, 2019

The record establishes that Airbnb plays multiple related but distinct roles in the online platform it has established. … Clearly, there are other responses Airbnb theoretically could take to avoid liability under the Penalties provision, including notifying users that it will enforce the indemnification provision that already is part of its

Commonwealth v. Anderson

461 Mass. 616 · Massachusetts Supreme Judicial Court · Mar 9, 2012

Where the caller is anonymous, there are at least two ways to establish the caller’s reliability. … exception to the hearsay rule where it is made in reaction to a startling or shocking event if its utterance was ‘spontaneous to a degree which reasonably negated premeditation or possible fabrication and if it [tends] to qualify

Boston Licensing Board v. City of Boston

17 Mass. App. Ct. 10 · Massachusetts Appeals Court · Oct 21, 1983

Although there was no explicit provision for other expenses of the board, the 1878 act clearly made the board subject to the authority of the mayor and city council. … While we do not place great weight on the preenactment statements of individual legislators in establishing legislative intent (see Chrysler Corp. v.

Commonwealth v. Deconinck

480 Mass. 254 · Massachusetts Supreme Judicial Court · Aug 10, 2018

Notably, the defendant did not establish that its admission was critical to his case. … With respect to  20 Fay's recorded statement, the judge found that it did not qualify as Adjutant evidence because it did not establish that the victim

Ingersoll v. Coram

127 F. 418 · U.S. Circuit Court for the District of Massachusetts · Dec 30, 1903

On the other hand, it is in all respects in exactly the form which the rules of equity practice require — that is to say, a lien cannot ordinarily be established without also establishing the personal liability of the person … Of course, therefore, this allegation, .admitted on demurrer, has nothing in the record to qualify it. Consequently, as the suit stands before us, in no event does the.

Commonwealth v. Campbell

378 Mass. 680 · Massachusetts Supreme Judicial Court · Aug 7, 1979

Montecalvo, 367 Mass. 46, 48-51 (1975), established that a judge may propound voir dire questions collectively. … Clearly, the defendants must be seated somewhere if they are to be accorded their constitutional right to be present at their trial.

Lafferty v. Martha's Vineyard Commission

17 Mass. L. Rptr. 501 · Massachusetts Superior Court · Apr 9, 2004

Background The undisputed material facts as established by the summary judgment record are as follows. Sometime in 1999, Down Island Golf Club, Inc. … Regs. §3.01, and argues that this statutory and regulatory scheme establishes a framework of confidentiality for the requested records.

Pizzeria Uno of Kingston, Inc. v. Independence Mall Group

11 Mass. L. Rptr. 241 · Massachusetts Superior Court · Jul 13, 1995

At that time, Pizzeria Uno disputed whether the stores on which the Partnerships based the increase qualified as “department stores” within the meaning of the Lease. … “If the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts which would establish the existence of a genuine issue of material fact in order to defeat

The Blackstone Headwaters Coalition, Inc. v. Gallo Builders, Inc.

District Court, D. Massachusetts · Feb 20, 2025

First, the wetland must be adjacent to another body of water which independently qualifies as WOTUS, and second, it must have a “continuous surface connection” with the established WOTUS, such that it is “difficult to … This expansive jurisdictional grant contains no qualifying language making WOTUS status a prerequisite to the court’s power to hear the case.

United States v. Hines

802 F. Supp. 559 · District Court, D. Massachusetts · Aug 24, 1992

establish that the conviction is a predicate conviction for enhancement purposes”). … Massachusetts law establishes the rule of law as to whether his "guilty-filed" cases are convictions.

Massachusetts Museum of Contemporary Art Foundation, Inc. v. Büchel

565 F. Supp. 2d 245 · District Court, D. Massachusetts · Jul 11, 2008

Id. at 86 (holding that a set of photographs taken to be used as studies for a painting did not qualify for VARA protection). … The Copyright Act is the long-established statutory instrument used to protect intellectual property rights.

Jet Spray Cooler, Inc. v. Crampton

377 Mass. 159 · Massachusetts Supreme Judicial Court · Jan 26, 1979

The second damage master’s subsidiary findings provided sufficient information concerning both the defend *180 ants’ sales to the plaintiffs’ customers and the plaintiffs’ "established earnings records” to allow the judge … It is clearly inappropriate to order a report of the evidence to assist parties who have delayed proceedings by continuances.

American Drug Stores, Inc. v. Harvard Pilgrim Health Care, Inc.

973 F. Supp. 60 · District Court, D. Massachusetts · Aug 15, 1997

They argue first that application of the Act to these uninsured plans clearly cannot be a regulation of insurance. … In this context, the Court has considered three criteria for determining whether a practice qualifies as the “business of insurance”: “first, whether the practice has the effect of transferring or spreading a policyholder

Dever v. Ward

Massachusetts Appeals Court · Sep 7, 2017

The record before us is insufficient to determine whether FINRA arbitration qualifies as a "governmental proceeding" within the meaning of § 59H.6 However, Dever has never argued, either in opposing the special motion … to establish that his claims concerning the defendants' communications to the police, to the courts, and in the FINRA arbitration do not constitute a SLAPP suit.

United States v. Pesaturo

519 F. Supp. 2d 177 · District Court, D. Massachusetts · Oct 9, 2007

The Defendant’s affidavit establishes a basis for the entrapment defense. … The cases the Government cites do not establish this approach. In DiBlasio v.

Prozinski v. Northeast Real Estate Services, LLC

59 Mass. App. Ct. 599 · Massachusetts Appeals Court · Oct 16, 2003

The number of these improper requests for reimbursement compels me to conclude that you made these requests knowing that they did not qualify as *607 business expenses or were not going to properly justify your reimbursement … While we have not completed our investigation of their allegations, your actions are clearly improper and, even if they do not rise to the level of actionable sexual harassment or discrimination (which they may), they raise