Case law

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.”

Commonwealth v. Beneficial Finance Company

360 Mass. 188 · Massachusetts Supreme Judicial Court · Nov 4, 1971

The findings of the judge, although not worded in precisely these terms, clearly establish compliance by the prosecutors with this standard in their conduct before the grand jury. … Such a reading of §. 1 does not make the 1924 (St. 1924, c. 311, § 1) amendment, which adds qualified but non-registered voters, “ineffective,” as Household argues.

Central Bridge Corp. v. City of Lowell

81 Mass. 106 · Massachusetts Supreme Judicial Court · Jan 15, 1860

This act, having been accepted by both corporations, confirmed and established this liquidation: like a settled account, it precluded further inquiry into the items of which it was composed. … The fifth clearly and succinctly states the true ground of inquiry before the jury, also the eleventh and twelfth.

Commonwealth v. Grant

78 Mass. App. Ct. 450 · Massachusetts Appeals Court · Dec 17, 2010

The ‘sure knowledge that anyone is free to attend gives assurance that established procedures are being followed and that deviations will become known’ (emphasis in original). Id. … of the public and the press for at least three days of jury selection . . . cannot qualify as inadvertent . . .

Romicon, Inc. v. L & J of New England, Inc.

1981 Mass. App. Div. 164 · Massachusetts District Court, Appellate Division · Jul 31, 1981

The defendant advised the plaintiff that in order for the defendant to qualify for an investment tax credit, its new electrostat machine of which the plaintiffs system was an integral part had to be in operation prior to … The defendant’s purchase order clearly states “Detailed description included in Quotation #8740 on August 15, 1977.”

In re M3 Power Razor System Marketing & Sales Practice Litigation

270 F.R.D. 45 · District Court, D. Massachusetts · Aug 6, 2010

locating, much less joining individually as plaintiffs, all of the potential class members. 7 Given the large number of potential class members, and the relatively small claim each one has for damages, individual lawsuits are clearly … All plaintiffs have the motivation to establish the same factual and legal findings and conclusions regarding Gillette’s conduct.

Commonwealth v. Ricardo Lopez

Massachusetts Appeals Court · Oct 9, 2025

"It is quintessentially the duty of counsel to provide her client with available advice about an issue like deportation and the failure to do so 'clearly satisfies the first prong of the Strickland analysis. … Of course, the defendant's burden on a motion for a new trial is not to establish actual prejudice to his immigration status; rather it is to establish "a reasonable probability that the result of a plea would have been more

Desrosiers v. Transamerica Financial Corp. (In Re Desrosiers)

212 B.R. 716 · United States Bankruptcy Court, D. Massachusetts · Sep 24, 1997

As established above, the first element has been met. The District Court’s ruling was on the merits. See Potts v. United Techs. … Thus, there is clearly privity between ITT and Transamerica.

Brox v. Wood's Hole, Martha's Vineyard and Nantucket Steamship Authority

District Court, D. Massachusetts · Dec 11, 2023

August 23, 2021, and to the Moderna Vaccine on January 31, 2022.5 The Vaccines are extremely effective.6 But, as is common with vaccines, the immunity … Plaintiffs bear the burden of establishing that these factors weigh in their favor. Esso Standard Oil Co. v.

Crane Security Technologies, Inc. v. Rolling Optics, AB

230 F. Supp. 3d 10 · District Court, D. Massachusetts · Feb 3, 2017

Communications must “have been intended to be confidential and made for the purpose of giving or obtaining legal advice” to qualify as privileged. Cavallaro, 284 F.3d at 245 . … These clearly are protected by the attorney-client privilege.

Commonwealth v. Pike

431 Mass. 212 · Massachusetts Supreme Judicial Court · Apr 13, 2000

A defendant seeking a new trial on the basis of newly discovered evidence must establish both that the evidence is newly discovered and that it casts real doubt on the justice of the conviction. See id. … Baxter is a highly respected and qualified psychiatrist, the judge reasonably found that the doctor’s opinion was dependent on the accuracy and reliability of facts presented to her by the defendant.

Keniston v. Board of Assessors

380 Mass. 888 · Massachusetts Supreme Judicial Court · Jun 19, 1980

While it may be true that fewer taxpayers will receive abatements under the § 10 formula and that the abatements of those taxpayers who do qualify may be smaller under § 10 than under the most favored class remedy,, we cannot … As demonstrated in our discussion; infra, the plaintiffs do not establish unconstitutionality with regard to prospective application, but they clearly demonstrate detrimental and discriminatory aspects of the challenged sections

Vaughn v. XRE/ADC Corp.

7 Mass. L. Rptr. 664 · Massachusetts Superior Court · Oct 9, 1997

Once the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts establishing the existence of a genuine issue of material fact. … The business interests involved, the assurance of a safe workplace and the fulfillment of the defendants’ obligation to Gizara, clearly qualify for the privilege, and the publication to one person could hardly be viewed as

Dambreville v. City of Boston

945 F. Supp. 384 · District Court, D. Massachusetts · Nov 21, 1996

When an interested witness has given clear answers to unambiguous questions, he cannot create a conflict and resist summary judgment with an affidavit that is clearly contradictory, but does not give a satisfactory explanation … The types of decisions typically made by clerical workers would not qualify as an exercise of discretion or independent judgment under the Act. 29 C.F.R. § 541.207 (d)(2).

Milward v. Acuity Specialty Products Group, Inc.

969 F. Supp. 2d 101 · District Court, D. Massachusetts · Sep 6, 2013

R.Evid. 702, which provides: A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of *105 an opinion or otherwise if: (a) the expert’s scientific, technical … This case clearly calls for an expert witness to “explain and assist in the application” of conflicting strands of scientific literature. Fed.R.Evid. 803(18) advisory committee note; see also Anderson v.

Fabiano v. Starnet Development, Inc.

6 Mass. L. Rptr. 113 · Massachusetts Superior Court · Oct 10, 1996

e.g., Polaroid, 889 F.Supp. 21 . 2 The evidence that the defendant SDI maintains a Northeast Regional Sales Representative, solicited some Massachusetts corporations and sent the cease and desist letters, is sufficient to qualify … The plaintiffs clearly filed this declaratory judgment action in response to the defendants’ threats of litigation.

United States v. Fulton

960 F. Supp. 479 · District Court, D. Massachusetts · Mar 18, 1997

United States Sentencing Commission; establishment and purposes (a) There is established as an independent commission in the judicial branch of the United States a United States Sentencing Commission.... *487 (b) The purposes … Second, the defendant’s conduct was aberrant in the sense that qualifies for downward departure under United States v. Grandmaison, 77 F.3d 555 (1st Cir.1996).

Mayo v. Boston Rent Control Administrator

365 Mass. 575 · Massachusetts Supreme Judicial Court · Jul 5, 1974

This result would be in conflict with what is clearly a central purpose of the act. … Clearly the administrator could not validly permit evictions in these circumstances, as the trial judge ruled.

West Boylston Cinema Corp. v. Paramount Pictures Corp.

12 Mass. L. Rptr. 530 · Massachusetts Superior Court · Sep 18, 2000

Here, the Rule 56(c) record establishes that the bidding process was facially defective. … This court sees no reason to depart from such well established definitions.