Case law

Reagan v. Commissioner of Revenue

Massachusetts Supreme Judicial Court · Mar 10, 2023

An exemption is "to be recognized only where the property falls clearly and unmistakably within the express words of a legislative command." Blinder, supra. … Tax agreements are established to assure the feasibility of certain desirable projects.

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.

City of Worcester v. Local 378, International Brotherhood of Police Officers

22 Mass. L. Rptr. 600 · Massachusetts Superior Court · Feb 28, 2007

The arbitrator correctly identified the issues as “whether the Management Rights clause of the contract clearly preserves the right to bypass candidates on the eligibility list, whether the contract is ambiguous and if there … G.L.c. 31, §27 provides, in part, that “[e]xcept as provided otherwise by section fifteen, if the administrator certifies from an eligible list the names of three persons who are qualified for and willing to accept appointment

Stone v. Chao

284 F. Supp. 2d 241 · District Court, D. Massachusetts · Sep 26, 2003

On December 4, 2000, OWCP denied the request as untimely and as failing to establish clear evidence of error. (Id ¶ 12 and Ex. 12 thereto.) … In so doing, the EEOC stated as follows: After a careful review of the record, we find that [Plaintiff] failed to demonstrate that the ... decisions] involved a clearly erroneous interpretation of material fact or law, or

Michael C. Pizzuto v. Homology Medicines, Inc.

District Court, D. Massachusetts · Mar 31, 2024

[Dkts. 91-7 at 15 (“Degree of ALT elevation was associated with pre-existing immune conditions”); 91-15 at 3 (“The patients who experienced Grade 3 ALTs had pre-existing underlying immune conditions.”)]. … Discussing the pheNIX trial and having familiarity with its data cannot establish fraudulent intent.

Commonwealth v. Trefethen

157 Mass. 180 · Massachusetts Supreme Judicial Court · Oct 19, 1892

It was clearly competent for the jury to find, from the evidence recited in the exceptions, that, if Deltena J. … declarations on this ground, and they also concede that, to make a declaration admissible on this ground, it must *186 accompany an act which directly or indirectly is relevant to the issue to be tried, and must in some way qualify

Acushnet Co. v. Coaters, Inc.

972 F. Supp. 41 · District Court, D. Massachusetts · Jul 30, 1997

The comment adds that state statutes immunizing nonmanufacturing sellers or distributors from the strict liability otherwise imposed on them by common law for defects occurring during manufacturing generally grant that immunity … The comment calls attention, also, to two special problems about applying this immunity, even when all these three requirements may, on first inquiry, appear to be satisfied.

Petedge, Inc. v. Fortress Secure Solutions, LLC

144 F. Supp. 3d 249 · District Court, D. Massachusetts · Nov 17, 2015

] itself has undertaken any action purposefully to establish business contacts with Massachusetts”). … Neogen Corp., 17 F.Supp.2d 104, 112 (D.Conn.1998) (declin--ing to treat a purchase made by a plaintiff in the forum state as a qualifying contact for personal jurisdiction, and noting that “it was ... the acts of [plaintiff

Commonwealth v. Kenneth Jose Santana-Rodriguez

Massachusetts Supreme Judicial Court · Oct 14, 2025

Colas, 486 Mass. 831 , 836-837 (2021).[3] The doctrine of transferred intent is a well-established theory of criminal liability for the killing of an unintended victim. Pina, 481 Mass. at 420 . … accused shot carelessly and in reckless and wanton disregard of the danger resulting to the bystander" [citation omitted]); Betts, supra at 202 (reckless use of force against innocent bystander "lies outside" statutory immunity

Grossman v. Johnson

2 Mass. Supp. 392 · District Court, D. Massachusetts · Apr 7, 1981

In general, the plaintiff must allege specific facts clearly demonstrating that the directors of the company would reject a demand if made. See, 3B Moore’s Federal Practice. … Baird, 567 F. 2d 1157 (1st Cir. 1977), the First Circuit established guiding principles for measuring excuses for a failure to make demand.

Rath v. Commonwealth

1984 Mass. App. Div. 255 · Massachusetts District Court, Appellate Division · Dec 12, 1984

Our decisions have clearly established that the provisions of G.L. c. 258A are to be strictly construed in terms of victim entitlement [Coon v. Commonwealth, 1978 Mass. App. Dec. 63 ; Landrum v. Commonwealth, 1981 Mass. … The evidence set forth in the Report clearly supports that finding.

Weaver v. Wood

2 Mass. L. Rptr. 522 · Massachusetts Superior Court · Sep 14, 1994

Erwin, 395 Mass. 715 , 722 n.2 (1985) (not every endeavor affiliated, however tenuously, with a recognized religious body qualifies as a religious activity within the protection from governmental involvement afforded by the … Such a proposition could immunize from judicial review actions of religious organizations when those actions are not properly subject to First Amendment protection.” Antioch Temple, Inc. v.

Llorens v. LexShares, Inc.

District Court, D. Massachusetts · Dec 3, 2024

This provision does not specifically mention claims of discrimination and, thus, does not clearly and unmistakably apply to Chapter 151B claims. … Defendants argue that Llorens has failed to state a claim of racial discrimination because he does not allege that LexShares replaced him as CEO with a similarly qualified person.

Kattar v. Demoulas

433 Mass. 1 · Massachusetts Supreme Judicial Court · Dec 8, 2000

The defendants’ conduct occasioning foreclosure as retribution for Kattar’s refusal to testify qualifies as actionable conduct under § 11. … We cannot conclude that this finding was clearly erroneous. See Clegg v. Butler, 424 Mass. 413, 420 (1997) (determining that judge’s c. 93A findings will not be disturbed unless clearly erroneous).

Felisberto v. Dumdey

District Court, D. Massachusetts · May 27, 2021

immunity provided by this subdivision.” … Therefore, this court finds that they qualify for work product protection.

Rivera v. Mici

District Court, D. Massachusetts · Sep 26, 2023

Further, to the extent that Rivera seeks declaratory relief for past harm, such relief is also barred by sovereign immunity. See Papasan v. … immunity arguments.

Daley v. Daley

308 Mass. 293 · Massachusetts Supreme Judicial Court · Feb 24, 1941

The trustee named in the will never qualified. … Although the trustee named in the will never qualified, nevertheless one of the life tenants was appointed as such in 1937.

Crown Kosher Super Market of Mass., Inc. v. Gallagher

176 F. Supp. 466 · District Court, D. Massachusetts · Jul 20, 1959

These provisions of the Constitution of Massachusetts and many decisions of the Supreme Judicial Court indicate the scrupulous concern that the Commonwealth has for the rights, privileges and immunities of its inhabitants … I recommend that your honorable bodies establish a joint legislative committee to study the problems”.

RAYMOND F. LABONTE, JR. v. ANN M. BECKER & Others.

Massachusetts Appeals Court · May 30, 2025

The defendants allege that the bank did not qualify as a bidder at the foreclosure auction because the bank did not make a $10,000 deposit as listed within the terms of sale, making any subsequent conveyance of the property … The trial judge made a credibility determination that Wilson was a licensee of the Beckers, which we accept unless clearly erroneous. Mass. R. Civ. P. 52 (a), as amended, 423 Mass. 1402 (1996).

Adoption of Geneva.

Massachusetts Appeals Court · May 21, 2025

We further conclude that the decision to terminate the mother's parental rights was based on clear and convincing evidence, which established that she had a long history of neglecting Geneva and that she suffered from … When Geneva was three months old, in August 2015, she qualified for early 3 The mother's struggle with addiction contributed to her losing custody of her older son, who tested positive for cocaine at birth.