Case law

Vincent v. Ameriquest Mortgage Co. (In Re Vincent)

381 B.R. 564 · United States Bankruptcy Court, D. Massachusetts · Jan 18, 2008

To accomplish this goal, the TILA requires creditors to disclose, clearly and accurately, all the material terms of consumer credit transactions. See Beach v. Ocwen Fed. … It is well established that debtors retain at least the ability to file suits for damages in federal court pursuant to 15 U.S.C. § 1640 , regardless of the exemption. Belini, 412 F.3d at 20 . Carye v. Long Beach Mortg.

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.

Commonwealth v. Carney

458 Mass. 418 · Massachusetts Supreme Judicial Court · Dec 8, 2010

The findings of the judge as to all three violations of the discovery orders were clearly erroneous, and the imposition of the $25,000 punitive fine was an error of law. … Equally unavailing is the Commonwealth’s argument that the “principle of sovereign immunity protects the public treasury” from the issuance of monetary sanctions against it.

Commonwealth v. Jessup

471 Mass. 121 · Massachusetts Supreme Judicial Court · Apr 8, 2015

I . . . felt worthless and it hurt, so it caused me to not think clearly and to go out and do some dumb shit. … Here, the policy was established to ensure safety and security within the prison.

NIAL LUU v. FALLON SERVICE, INC., & Another

Massachusetts Appeals Court · Jan 30, 2025

against health care providers who report certain forms of believed misconduct to supervisors or public authorities.[4] The parties agree that Fallon is a health care facility.[5] They disagree whether the plaintiff, an EMT, qualifies … established public policy."

Commonwealth v. Peters

16 Mass. L. Rptr. 608 · Massachusetts Superior Court · Aug 6, 2003

The resulting convictions establish that he is a serious offender. The issue for decision is: do they establish him as an “habitual” one, within the meaning of the statute? … To be adjudged an habitual criminal under the statute, the defendant must have at least two prior convictions with qualifying sentences, resulting from separate, prior criminal episodes. 4 ORDER Because the grand jury in

Ablavsky v. United States Department of Education (In re Ablavsky)

504 B.R. 709 · United States Bankruptcy Court, D. Massachusetts · Jan 23, 2014

(In re Stevenson), 463 B.R. 586 (Bankr.D.Mass.2011), aff'd, 475 B.R. 286 (D.Mass.2012) this Court stated: Under 11 U.S.C. § 523 (a)(8), the creditor has the initial burden of establishing that the debt qualifies as the type … The evidence clearly established that, despite the Debt- or’s education, his mental illnesses and impairments, coupled with the side effects of medications he is required to take, impair his functioning.

Independent Service Corp. v. Tousant

56 F. Supp. 75 · District Court, D. Massachusetts · Jun 23, 1944

However, it may be remarked, in passing, that since plaintiff is a corporation its right to invoke that section is not clearly established. Mr. Justice Stone’s opinion in Hague v. … The rule is firmly established that the legislature “may strike at the evil where it is most felt * * * or where it is most practicable to deal with it.” Carmichael v.

Nisselson v. Lernout

568 F. Supp. 2d 137 · District Court, D. Massachusetts · Jul 25, 2008

the other allowable sources of information, and (ii) those facts suffice to establish the affirmative defense with certitude.” … Here, while it is clear that the defendants were stockholders of the new entity, the record does not clearly support the contention that the corporate insiders of Old Dictaphone became corporate insiders of New Dictaphone

Adoption of Zendaya.

Massachusetts Appeals Court · Aug 14, 2024

As for the mother's housing stability, the judge found that she had not established stable housing at the time of trial. … Zendaya has been doing well and is up to date medically and with her immunizations. Zendaya has a 11 great relationship with her foster parents.

Parker v. John Moriarty & Associates, Inc.

23 Mass. L. Rptr. 18 · Massachusetts Superior Court · Jul 29, 2007

Once the moving party establishes the absence of a triable issue, the party opposing the motion must respond with evidence establishing the existence of a genuine issue of material fact. Pederson, 404 Mass. at 17 . … Claims by employees of Steams or Accord for bodily injury would qualify under the language of the Endorsement.

Bellingham Massachusetts Self Storage, LLC v. Town of Bellingham

Massachusetts Land Court · Jul 15, 2021

That interpretation of the statute ignores the language of the first two sentences of § 5, where the Legislature clearly set forth the procedure for initiating zoning amendments. … Paturzo "as being the names of qualified voters in the Town." Town Of Bellingahm's [sic] Summary Judgment Record Appendix ("D. App."), Ex. 50. It is not clear why the Town undertook this exercise.

Commonwealth v. Otsuki

411 Mass. 218 · Massachusetts Supreme Judicial Court · Nov 18, 1991

After much negotiation, Burkhart entered into an immunity agreement and testified for the Commonwealth. … This relevant evidence established a critical aspect of the Commonwealth’s case, namely, motive.

Anderson v. Beatrice Foods Co.

127 F.R.D. 1 · District Court, D. Massachusetts · Jul 7, 1989

Riley denied the existence of laboratory reports and chemical formulas which were clearly called for. Even allowing for Mr. … The plaintiffs’ expert, on the other hand, was a medical toxicologist who is only minimally qualified as a chemist, and his analytical method was relatively crude.

Commonwealth v. City of Roxbury

75 Mass. 451 · Massachusetts Supreme Judicial Court · Oct 15, 1857

But the grant was not unlimited ; it was qualified by the limitation, that it should not extend above eight miles from the meeting-house. … every part of the Charles River and from the Atlantick to “the South Sea,” and all lands, waters, fishings and mines, all islands lying on the coasts, and “ all jurisdictions, rights, royalties, liberties, freedoms. *504 immunities

Trimark USA, Inc. v. Performance Food Group Company, LLC

667 F. Supp. 2d 155 · District Court, D. Massachusetts · Oct 21, 2009

This court finds that to establish “likely confusion” TriMark must establish “more than a theoretical possibility of confusion.” Id. (quotation and citation omitted). … American Eagle Outfitters, Inc., 130 F.Supp.2d 928, 935 (S.D.Ohio 1999) (Abercrombie’s use of the word "performance” among other words on labels, advertising and promotional materials, is too descriptive to qualify for trade

Commonwealth v. Morales

440 Mass. 536 · Massachusetts Supreme Judicial Court · Dec 11, 2003

Although the defendant claims prejudice from this series of events, none has been established. … The court held that the statement was admissible to establish consciousness of guilt.

Genzyme Corp. v. Shire Human Genetic Therapies, Inc.

906 F. Supp. 2d 9 · District Court, D. Massachusetts · Nov 29, 2012

To qualify as a commercial advertisement, “a representation must (a) constitute commercial speech (b) made with the intent of influencing potential customers to purchase the speaker’s goods or services (c) by a speaker who … Second, the public records maintained by the FDA and the United States Trademark Office establish that Shire HGT holds the authorization to market and sell VPRIV, and is the owner of the VPRIV mark.

Oses v. United States

833 F. Supp. 49 · District Court, D. Massachusetts · Jul 30, 1993

As used in this section, the term “offense” means any criminal offense ... which is in violation of an Act of Congress and is triable in any court established by Act of Congress. … Courts have qualified this rule with an exception that applies "if the continued state confinement was exclusively the product of such action by federal law-enforcement officials as to justify treating the state jail as the

Chatman v. Gentle Dental Center of Waltham

973 F. Supp. 228 · District Court, D. Massachusetts · Aug 22, 1997

Granting the motion is appropriate only where it appears clearly from the complaint that the plaintiff cannot recover under any theory, under any set of facts that could be proved consistent with the allegations. Id. B. … , the SJC held that these claims were not barred, stating that "[w]here a fellow employee commits an intentional tort not related to the interests of the employer ... the policies behind the [Act] would not be served by immunizing