Case law

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

Tritak v. Data General Corp.

7 Mass. L. Rptr. 651 · Massachusetts Superior Court · Dec 8, 1997

“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 … However, causal relationship, by itself, is not enough to establish a serial violation. Desrosiers, 885 F.Supp. at 312 .

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. 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.

Gill v. Office of Personnel Management

699 F. Supp. 2d 374 · District Court, D. Massachusetts · Jul 8, 2010

independent compensation authority,” such as the United States Postal Service, which established its own flexible benefits plan prior to the creation of the FSA. 53 *382 2. … And such a classification, the Constitution clearly will not permit.

Johnson v. Koplovsky Foods, Inc.

5 F. Supp. 2d 48 · District Court, D. Massachusetts · May 5, 1998

The regulations further provide, with respect to private agreements under Section 499e(c)(3)(ii), that “[t]he maximum time for payment for a shipment to which a seller, supplier, or agent can agree and still qualify for coverage … Clearly three-quarters of the purchase price is beyond the thirty-day maximum period and in violation of the PACA scheme.

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.”).

Cornwell v. Dairy Farmers of America, Inc.

369 F. Supp. 2d 87 · District Court, D. Massachusetts · Mar 30, 2005

Even an individual who is found not to be a “qualified individual with a disability” may pursue a claim of retaliation under the ADA. Wright v. CompUSA, Inc., 352 F.3d 472, 477 (1st Cir.2003). … There also is not enough evidence in the record to establish, as Cornwell must, that the information was published “unnecessarily, unreasonably or exeessively.” Clearly, there was no excessive publication.

Police Commissioner v. Municipal Court of Dorchester District

374 Mass. 640 · Massachusetts Supreme Judicial Court · Mar 16, 1978

Acting under that authority, the board certified a number of agencies as qualified to receive criminal records from State or local police departments, and certified another group of agencies as qualified to receive such information … L. c. 6, §§ 167-178, establishing a criminal record information system.

United States v. Shields

522 F. Supp. 2d 317 · District Court, D. Massachusetts · Nov 7, 2007

To *328 qualify for commitment under Section 4246, for example, a federal prisoner must already have been hospitalized in a facility and the director of that facility must certify that person for commitment proceedings. 18 … Goodno, 335 F.3d 705, 709-11 (8th Cir.2003) (“There is no clearly established Supreme Court law which holds that due process requires a jury trial in civil commitment proceedings or that incorporates the Seventh Amendment

Costa v. DiFava

12 Mass. L. Rptr. 45 · Massachusetts Superior Court · Jun 28, 2000

Costa, Kerle and Lussier were each qualified to sit for the examination for a promotion to the rank of Captain, and each took the written portion of the Captain Promotional Examination on April 4, 1998. … Pursuant to G.L.c. 22C, §25, the Colonel of the State Police established Article 9.1 of the Massachusetts State Police Rules & Regulations entitled, “Regulations Establishing Examination Appeal,” which provides: The Colonel

Commonwealth v. Bradshaw

385 Mass. 244 · Massachusetts Supreme Judicial Court · Feb 12, 1982

He clearly implied that during the earlier interview the men had mentioned hearing Folsom threaten to get Kidd. … These words were clearly not directed, as the defendant argues in his brief, at “the defendant’s entire defense.”

Eaton v. Town of Townsend

District Court, D. Massachusetts · Mar 6, 2019

Defendants move to dismiss both theories on grounds of qualified immunity and on the merits. 1. … Third, the information Eaton disclosed in the press release was clearly derived from special knowledge which he obtained as part of his employment as Chief of Police.

Commonwealth v. Lopes

478 Mass. 593 · Massachusetts Supreme Judicial Court · Sep 8, 2017

Feemster , 98 F.3d 1089 , 1092 (8th Cir. 1996) ("relative youth" qualified as "potential race-neutral factor justifying the exercise of 'peremptory' challenges"); United States v. … See Swafford , 441 Mass. at 332 , 805 N.E.2d 931 (testimony about gang affiliation allowed to establish defendants' retributive motive); Commonwealth v.

Marconi Wireless Telegraph Co. of America v. Commonwealth

218 Mass. 558 · Massachusetts Supreme Judicial Court · Oct 7, 1914

S. 617 , is established by Ewing v. Leavenworth, 226 U. S. 464 . … It may be an interesting question whether a foreign corporation can select any place attractive from financial, economic, or other reasons, and establish there the management of all its interstate commerce, and seek immunity

DIANA GERTSCH, WILLIAM L. LAHEY, and BRETT PRINCE v. TOWERNORTH DEVELOPMENT, LLC; JOHN E. COUGHLIN; And, Others Consolidated With: DIANA GERTSCH, WILLIAM L. LAHEY, and BRETT PRINCE v. TOWERNORTH DEVELOPMENT, LLC and Others

Massachusetts Superior Court · Oct 4, 2023

The SJC ruled “that the [abutters’] testimony clearly indicate[d] that one of their allegations of aggrievement was that construction of the house . . . violated the density provisions of the zoning bylaw.” Id. at 704 . … Also, the Isotope Report states that when a new tower is placed in such a way that it creates “the sense of looming over residents” or “dominating the experience of a neighborhood,” it may qualify as something that would

McMahon v. Califano

476 F. Supp. 978 · District Court, D. Massachusetts · Sep 21, 1979

Under 42 U.S.C. § 1395x(j) an institution (or a distinct part thereof) qualifies as a skilled nursing facility if it provides a variety of services and further, if it has a “transfer agreement” in effect with one or more … Under recent precedent, the Secretary’s duty may be more clearly defined now than it was at the time plaintiff’s claim was denied.

Commonwealth v. Bautista

459 Mass. 306 · Massachusetts Supreme Judicial Court · Apr 11, 2011

or should have known of [the defendant’s] voluntary surrender to ICE; (2) that [the defendant’s] failure to appear due to deportation proceedings was [the defendant’s] own fault; (3) that the actions of [the defendant] clearly … Those early cases demonstrate that historically, for a governmental act to qualify as a reason for the exoneration of a surety, the act must have been beyond the control of the defendant (principal) himself; it could not

Commonwealth v. DiGiambattista

83 Mass. App. Ct. 180 · Massachusetts Appeals Court · Jan 25, 2013

We accept those findings unless they are clearly erroneous (which they have not been shown to be). See Commonwealth v. Welch, 420 Mass. 646, 651 (1995). … Pisano, who took the lead throughout the interview, asked the defendant some basic background questions, and he established that the defendant was not currently under the influence of any drugs or alcohol, and had never been

Commonwealth v. Quentin Smith

Massachusetts Supreme Judicial Court · Jul 11, 2025

First, such testimony does not seek to establish the contents of an out-of-court document but instead to establish the absence of any document. See 5 C.S. Fishman & A. … "We accept the judge's findings of fact unless clearly erroneous but independently apply constitutional principles to the facts found." Commonwealth v. Rand, 487 Mass. 811 , 814 (2021), quoting Commonwealth v.