Case law

Commonwealth v. Coleman

366 Mass. 705 · Massachusetts Supreme Judicial Court · Jan 30, 1975

It is the defendant’s present submission that the very failure of his then counsel to object goes part of the way to establish that he was deprived of effective assistance of counsel, and he urges us so to find on the whole … “The weight of the evidence clearly [was] that he was confused and frightened.” Id. at 713 . We cannot fairly say the same here, and our facts are quite different.

Crane v. City of Chicopee

District Court, D. Massachusetts · Sep 20, 2024

In an alternative argument, they also assert that their actions were protected by qualified immunity. … immunity.”

United States v. Nippon Paper Industries Co., Ltd.

62 F. Supp. 2d 173 · District Court, D. Massachusetts · Jul 16, 1999

The defense insisted that the co-conspirators under the rule had to be either named in the indictment, or had to have qualified for that designation under the substantive law of conspiracy. … Since the Japanese trading houses would not have qualified under Monsanto Company v.

Commonwealth v. Matos

78 Mass. App. Ct. 578 · Massachusetts Appeals Court · Jan 11, 2011

The evidence was insufficient to establish that the defendant, alone or by aiding and assisting Sampson, induced B.C. to become a prostitute in violation of G. L. c. 272, § 4A. … B.C., who was called as a witness for the Commonwealth, testified pursuant to a grant of immunity.

Palmer v. Youth Opportunities Upheld, Inc.

18 Mass. L. Rptr. 339 · Massachusetts Superior Court · Oct 5, 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

Mass. Fine Wines & Spirits, LLC v. Alcoholic Beverages Control Comm'n

482 Mass. 683 · Massachusetts Supreme Judicial Court · Jul 24, 2019

The judge concluded that "the [c]ommission has interpreted the definition of 'invoiced cost' in a manner that is inconsistent with well-established principles of statutory construction." … That reality is demonstrated by the e-mail records in this case, which reveal that wholesalers routinely sought to reassure Total Wine that it would be issued the CQDs for which it qualified.

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.

Indian Hill Associates, Inc. v. City of Worcester

15 Mass. L. Rptr. 589 · Massachusetts Superior Court · Nov 5, 2002

A permit that has been exercised confers a vested property right immune from governmental action prospectively effective. Davis v. Zoning Board of Chatham, 52 Mass.App.Ct. 349, 360, fn.15 (2001). … However, the city obtained summary judgment in its favor on this count on the ground that “the municipality is immune from liability for intentional torts.”

Costa v. Fall River Housing Authority

453 Mass. 614 · Massachusetts Supreme Judicial Court · Apr 13, 2009

Much of the article clearly derives from the police report, and is cumulative even if it were properly admitted. … by the police of Costa’s house; or whether it relied in whole or in part on the statement in the newspaper report that Costa was running “a prostitution operation” out of the rented premises — a statement that implies an established

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.

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

Commonwealth v. Mulgrave

472 Mass. 170 · Massachusetts Supreme Judicial Court · Jul 13, 2015

The first requirement, that there be an exciting event giving rise to the exception, is clearly satisfied by the statement itself, the 911 telephone call, and the victim's condition approximately ten minutes later.4 … Further, she did not name the defendant, a fact likely to be communicated by a declarant attempting to establish her perpetrator's identity.

Benham v. Lenox Savings Bank

118 F. Supp. 2d 132 · District Court, D. Massachusetts · Nov 3, 2000

First, plaintiff must establish by a preponderance of the evidence a prima facie case that she (1) is entitled to ERISA’s protection, (2) was qualified for the position, and (3) was discharged under circumstances that give … Second, Benham was clearly qualified for the position she held. She had been working at the Bank full time for over twenty years. Since 1986 she had held positions of authority at the Bank.

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.

Brewster v. Dukakis

520 F. Supp. 882 · District Court, D. Massachusetts · Aug 19, 1981

A shorthand definition of the plaintiff class then might be: all persons in the western third of the Commonwealth of Massachusetts with mental health needs severe enough to qualify them for potential hospitalization. … Clearly, the final sentence of paragraph 59 was intended to impose an additional task on the defendants, not define their exclusive responsibility.

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.”

U.S. Commodity Futures Trading Commission v. Wilson

19 F. Supp. 3d 352 · District Court, D. Massachusetts · May 16, 2014

Rep. ¶ 26,262 , 1994 WL 621595 at *7 (CFTC Nov. 8, 1994) (“Although scienter must be proved to establish a violation of section [6]b and section [6]o(l)(A), it is not necessary to establish a violation of section [6]o(l)( … “Motions under Rule 59(e) must either clearly establish a manifest error of law or must present newly discovered evidence.” F.D.I.C. v. World Univ. Inc., 978 F.2d 10, 16 (1st Cir.1992).

Boston Scientific Corp. v. Schneider (Europe) AG

983 F. Supp. 245 · District Court, D. Massachusetts · Oct 23, 1997

Look, 641 F.2d 32, 38 (1st Cir.1981)), “invocation of antitrust terms of art does not confer immunity from a motion to dismiss,” Car Carriers, Inc. v. … The Supreme Court has outlined a two-tiered inquiry to establish when the “sham litigation” exception applies.

United States v. Winston

492 F. Supp. 2d 15 · District Court, D. Massachusetts · Jun 25, 2007

The court, however, set the date for the status conference for March 28, 2007, unknowingly but clearly putting the case outside the seventy-day Speedy Trial period. … Consultation revealed that Defendant had become qualified for appointed counsel, and defense counsel accepted an appointment under the Criminal Justice Act. See 18 U.S.C. § 3006A (a)-(c).

Seklecki v. Centers for Disease Control & Prevention

District Court, D. Massachusetts · Oct 12, 2022

Federal law prohibits two or more persons from conspiring to deprive “any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under … A claimant under section 1985(3) must establish “some racial, or perhaps otherwise class- based, invidiously discriminatory animus behind the conspirators’ actions.”