Case law

Chapman v. Finnegan

950 F. Supp. 2d 285 · District Court, D. Massachusetts · Jun 7, 2013

any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … Chapman can demonstrate deliberate indifference only if the medical attention he received is “so clearly inadequate as to amount to a refusal to provide essential care” and must be “so inadequate as to shock the conscience

Decoulos v. Town of Aquinnah

District Court, D. Massachusetts · Jul 24, 2018

In 1862, the Legislature established the district of Gay Head. … Supp. 3d at 7 (“The court, however, need not answer the Rooker–Feldman question as a threshold matter because other issues are clearly dispositive.”); see also Chun Xin Chi v.

Noel v. Town of Plymouth, Mass.

895 F. Supp. 346 · District Court, D. Massachusetts · Jul 14, 1995

Instead, the nonmoving party must adduce specific, provable facts which establish that there is a triable issue. Id. … In addition, Officer Fistori stated in his report that he had personally observed in Noel three classic signs of intoxication, and had seen him driving at a speed that is clearly excessive for a dirt road at night.

Langton v. Pepe

8 Mass. L. Rptr. 331 · Massachusetts Superior Court · Mar 18, 1998

Boone clearly pertain only to MCI-Cedar Junction. The amount of space and shelving required will vary from institution to institution depending on the size and inmate population. … Whatever the reason, they, too, do not qualify as privileged mail under the regulation.

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

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

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.

Lily Transportation Corp. v. Royal Institutional Services, Inc.

64 Mass. App. Ct. 179 · Massachusetts Appeals Court · Aug 5, 2005

[by] failing] to apprise Lily of the existence of an entity other than [Royal].” 13 Such conduct was, the judge *204 declared, “unethical” and “clearly outside the penumbra of any established concept of fairness.” … “Although whether a particular set of acts, in their factual setting, is unfair or deceptive is a question of fact. . . the boundaries of what may qualify for consideration as a c. 93A violation is a question of law.”

Boston Edison Co. v. Boston Redevelopment Authority

374 Mass. 37 · Massachusetts Supreme Judicial Court · Dec 21, 1977

After informal contact between the Applicants and the BRA regarding the likelihood of the plan’s qualifying as a project under St. 1960, c. 652, and G. … This result would clearly advance several of the purposes of the zoning *68 code, as it would encourage the most appropriate use of land, prevent overcrowding, and lessen congestion.

Dziok v. Metlife Auto & Home

29 Mass. L. Rptr. 384 · Massachusetts Superior Court · Jan 13, 2012

Once 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 … MetLife makes the further nonsensical argument that even if Dziok qualified as an existing customer, he admitted he knew about the inspection requirement and wrongfully ignored it.

Momand v. Universal Film Exchange, Inc.

72 F. Supp. 469 · District Court, D. Massachusetts · Feb 13, 1947

Indeed he himself explained that when he used the phrases “lack of qualified or adequate major product” he meant “that the principal producers of motion pictures did not sell the quality pictures which you [he] wanted at … Clearly plaintiff in the case at_ bar jloes not fall under the ratio decidendi of Bige-low’s case.

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

Federal Trade Commission v. Direct Marketing Concepts, Inc.

569 F. Supp. 2d 285 · District Court, D. Massachusetts · Jul 14, 2008

Generally, claims can be divided into two categories — establishment claims and non-establishment claims. … Under Central Hudson, the infomericals at issue in this case qualify as commercial speech.

AMITABH CHANDRA v. PETER DECAPRIO & Others.

Massachusetts Appeals Court · Mar 5, 2025

On the current record, we are unable to say that the judge's findings of fact were clearly erroneous. … was a clearly erroneous.

Reid v. Donelan

297 F.R.D. 185 · District Court, D. Massachusetts · Feb 10, 2014

Plaintiff bears the burden of establishing each requirement, In re Eaton Vance Corp. Sec. … A plaintiff need only establish “a single common question” to satisfy this requirement. Id. at 2256.

Converse Construction Co. v. Massachusetts Bay Transportation Authority

899 F. Supp. 753 · District Court, D. Massachusetts · Sep 13, 1995

However, it clearly emerged at the August 4, 1995 hearing that there is no single “Mass. Plan” applicable to all of the defendants or to all of the contracts whose award plaintiff seeks to enjoin or alter. … The same organization may qualify as a DBE under federal law and as an MBE under state law, as Converse did until September 1993.

In the Matter of a Minor

Massachusetts Supreme Judicial Court · Mar 17, 2020

When the person appears, he or she has a right to counsel, and must be examined by a qualified physician, psychologist, or social worker. Id. See Matter of G.P., supra at 117. … The hearing judge is in the best position to weigh the evidence, assess the credibility of witnesses, and make findings of fact; a reviewing court accepts these findings unless they are clearly erroneous.

United States v. Quinn

472 F. Supp. 2d 104 · District Court, D. Massachusetts · Feb 6, 2007

The quoted language rather clearly refutes any suggestion that the government lacked information about Yang’s prior significant participation in the distribution of cocaine that could have formed the basis for an estimate … First, the statute that criminalizes the conduct establishes the range of permissible penalties that may be imposed: “In the case of a violation ... involving ... 500 grams or more of a mixture or substance containing ...

Commonwealth v. Tatro

4 Mass. App. Ct. 295 · Massachusetts Appeals Court · May 13, 1976

The judge found that Lieutenant Powers clearly and adequately advised the defendant of his constitutional rights. … The witness was qualified to testify to such an opinion. The possibility that there could have been other causes of the victim’s death does not make his opinion inadmissible. Before giving his opinion Dr.

L.B. Corp. v. Schweitzer-Mauduit International, Inc.

121 F. Supp. 2d 147 · District Court, D. Massachusetts · Nov 22, 2000

Massachusetts has not clearly recognized strict liability for the pumping of subterranean water, even if it results in damage to a plaintiffs land in its natural state. … He is admittedly well qualified. He has also submitted lengthy expert reports based on his considerable research of the area.