Case law

COMMONWEALTH v. RICHARD M. CORBETT.

101 Mass. App. Ct. 355 · Massachusetts Appeals Court · Jul 8, 2022

While the report did not cite a clearly identifiable disease affecting the defendant's memory, such as Alzheimer's disease, it stated that the defendant had been diagnosed in September 2016 with attention deficit hyperactivity … Only the most disabling of conditions, we emphasize, would qualify under the standard we announce today." Sorden, 36 Cal. 4th at 69 .

Commonwealth v. Sees

374 Mass. 532 · Massachusetts Supreme Judicial Court · Mar 3, 1978

If the ordinance at issue here applied to other than drinking establishments, it would clearly be unconstitutional on its face as an impermissible restriction on expression in the performing arts. … and similar establishments."

In the Matter of Troy

364 Mass. 15 · Massachusetts Supreme Judicial Court · Jul 26, 1973

Of course, we do not imply that judges should be immune from criticism arising out of their exercise of judicial discretion and judgment. … Taken cumulatively, they clearly require the result we have reached.

Lindsey v. Ogden

10 Mass. App. Ct. 142 · Massachusetts Appeals Court · Jun 30, 1980

The probate judge found that Ogden had not violated his duties as special administrator and that he was suitable and qualified to be appointed as executor. … On appeal, Christopher argues that the findings that Ogden was suitable to continue as special administrator and to be appointed as executor are clearly erroneous.

News Group Boston, Inc. v. National Railroad Passenger Corp.

799 F. Supp. 1264 · District Court, D. Massachusetts · Aug 3, 1992

Merrill, 443 U.S. 340 , 99 S.Ct. 2800 , 61 L.Ed.2d 587 (1979), the Supreme Court recognized a qualified privilege for confidential commercial information, stating that the theory behind this exemption is that the Government … This policy establishes guidelines to ensure confidentiality is maintained during collection, retention and disclosure of employee information.

Commonwealth v. Acen

396 Mass. 472 · Massachusetts Supreme Judicial Court · Jan 6, 1986

Jury service clearly lies at the heart of Anglo-Saxon democratic self-government and falls within the Bernal political function exception. See Perkins v. Smith, supra at 138 . … Such an approach, however, oversimplifies the history of Magna Charta, which was directed “to the reform of a specific and clearly defined group of abuses.” McKechnie, supra at 437.

R.W. Granger & Sons, Inc. v. J & S Insulation, Inc.

435 Mass. 66 · Massachusetts Supreme Judicial Court · Sep 6, 2001

To that end, the statute provides a remedy of multiple damages where an insurer “forc[es] plaintiffs to litigate clearly valid claims.” Id. … Ct. 650, 653-654 (1997). 18 J&S has met that burden and has established that it is entitled to G.

Commonwealth v. Vinnie

428 Mass. 161 · Massachusetts Supreme Judicial Court · Aug 12, 1998

In our opinions, we have held that the statutory language establishes a defendant’s right to a jury’s determination of the degree of murder, but we have not decided whether a defendant may waive an instruction on murder in … Vinnie’s only claimed errors that would not qualify for one of these more favorable standards, because they were not preserved or resurrected, are his claims of ineffective assistance of counsel for not moving to suppress

Crop Production Services, Inc. v. Albert

18 Mass. L. Rptr. 97 · Massachusetts Superior Court · Jul 20, 2004

At trial, the documentary evidence establishing the principal balance at $360,635.00 was essentially uncontroverted. … While the jury was entitled to determine the contested amounts assessed, it overstepped its function in reducing the amount clearly obligated under the note as a matter of law.

Carton v. Trustees of Tufts College

2 Mass. Supp. 213 · District Court, D. Massachusetts · Feb 20, 1981

No claim for de facto tenure was made until after it appeared clearly that plaintiff would not obtain tenure de jure. The Claim of Sex Discrimination — Count I We are called upon to decide whether Dr. … She has failed to establish that Tufts discriminated against her because of her sex (Count I); has failed to establish that “de facto tenure claim” (Count II); has failed to make out a case of unlawful retaliation against'her

Providence & Worcester Railroad v. Energy Facilities Siting Board

453 Mass. 135 · Massachusetts Supreme Judicial Court · Jan 27, 2009

The board is an independent agency established by the Legislature within the Department of Public Utilities. 3 See G. L. c. 164, § 69H. … We think the Legislature clearly intended “new,” as used in § 69G, to mean “[a] thing . . . not known [or] manufactured . . . before its advent.” Id.

Mobil Oil Corp. v. Attorney General

361 Mass. 401 · Massachusetts Supreme Judicial Court · Mar 15, 1972

“The intention of Congress to exclude States from exerting their police power must be clearly manifested.” Napier v. Atlantic Coast Line R.R. 272 U. S. 605, 611 , and cases cited. Commonwealth v. … Equally well established in our law is the principle that one cannot operate his business or pursue his profession in any manner he sees fit, that he is subject to reasonable regulations established to govern the operation

Jones v. Jones

Massachusetts Appeals Court · Sep 6, 2023

In 2015, the wife's mother established an irrevocable grantor retained annuity trust (GRAT), a vehicle for transferring money while avoiding Federal gift taxes. See Freedman v. … And the presence of terms such as "uncontrolled discretion" or "sole discretion" is not inconsistent with the establishment of an enforceable interest. In re Mendelson Estate, supra.

Commonwealth v. Martino

412 Mass. 267 · Massachusetts Supreme Judicial Court · Mar 19, 1992

The Commonwealth established both motive and opportunity on the part of the defendant. … None of these solutions would have been clearly adequate. First, at the time the attorney entered the house, he told the officer he only planned “to look around.”

Grafton & Upton Railroad Company v. Town of Hopedale

District Court, D. Massachusetts · Mar 31, 2023

Consistent with this policy, the ICCTA established the Surface Transportation Board (“STB”) within the Department of Transportation, see Pub. … 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

Maids International, Inc. v. Ward (In Re Ward)

194 B.R. 703 · United States Bankruptcy Court, D. Massachusetts · Apr 16, 1996

Maids has developed a system for establishing and operating a household maintenance and cleaning service. … It concluded the clause qualified because it was stated to be compensation for “actual or threatened harm_” This is questionable.

Palmer v. Youth Opportunites Upheld, Inc.

18 Mass. L. Rptr. 301 · Massachusetts Superior Court · Sep 17, 2004

They have established that the plaintiff intends to make his physical and mental condition a special issue at trial, but no more. … This revision extends that amendment to include other certified or licensed professionals such as dentists, or occupational therapists who are not physicians or clinical psychologists, but who may be well qualified to give

Hurd v. Curtis

48 Mass. 94 · Massachusetts Supreme Judicial Court · Oct 15, 1843

On the contrary, we think the reservation was clearly out of the land granted; to wit, a perpetual easement or servitude, over the land thus granted, to make and maintain a canal of the dimensions and depth specified, with … The grantees accepted the grant, as thus described, qualified, and limited ; and this principal and substantive grant of water power, to be used and enjoyed with the land conveyed, was limited, not by the dimensions of any

John Hancock Mutual Life Insurance v. Banerji

12 Mass. L. Rptr. 405 · Massachusetts Superior Court · Mar 14, 2000

With the intent of protecting itself in the event of a future claim, Hancock expressly establishes the application as a part of the contract. … She again assumed Baneiji’s earnings were $55,845, which would qualify him for a maximum issue and participation amount of $3,050 (Exhibit 11).

In Re Computervision Corp. Securities Litigation

869 F. Supp. 56 · District Court, D. Massachusetts · Nov 22, 1994

These are clearly allegations of fraud perpetrated on the investing public, so the particularity requirements of Rule 9(b) apply. … Litig., 832 F.Supp. 948, 987 (W.D.Pa.1993) (dismissal of § 12(2) claim warranted where insufficient facts alleged establishing that each defendant sold or solicited the sale of securities to individual plaintiffs).