Case law

Commonwealth v. Blanding

20 Mass. 304 · Massachusetts Supreme Judicial Court · Oct 15, 1825

And thus the general declaration in the 16th article is qualified. … Clap was the first, since the adoption of the constitution, which called for a discussion of these principles, and in that case it is very clearly and distinctly settled, that if the truth only is told of public elective

Harbourvest International Private Equity Partners II-Direct Fund, L.P. v. Axent Technologies, Inc.

12 Mass. L. Rptr. 323 · Massachusetts Superior Court · Aug 31, 2000

“If 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 material fact in order to defeat the motion.” … (One of two of PassGo’s operating divisions in the United States was qualified to do business in the Commonwealth of Massachusetts.)

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.

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).

DSF Investors, LLC v. Lyme Timber Co.

19 Mass. L. Rptr. 411 · Massachusetts Superior Court · Dec 22, 2004

Federal-Mogul Corp., 412 Mass. 703, 706 (1992), and the language in Section 11 certainly qualifies as “the sort of express limiting provision which [the Appeals Court has] described ... as affording a safe harbor to parties … However, the boundaries of what may qualify for consideration as a c. 93A violation is a question of law. Davidson v. General Motors Corp., 57 Mass.App.Ct. at 644 .

Rotkiewicz v. Sadowsky

431 Mass. 748 · Massachusetts Supreme Judicial Court · Jun 20, 2000

A party objecting to the inclusion or exclusion of an instruction must, however, clearly bring the objection and the grounds for it to the attention of the judge. See id. … We have not had the opportunity to rule on the question whether a patrol-level police officer qualifies as a public official. See Fleming v.

Peoples Super Liquor Stores, Inc. v. Jenkins

432 F. Supp. 2d 200 · District Court, D. Massachusetts · May 8, 2006

Grendel’s Den, Inc., 459 U.S. 116 , 122 n. 5, 103 S.Ct. 505 , 74 L.Ed.2d 297 (1982) (Establishment Clause); Craig v. … In Healy , Justice Scalia noted in his concurrence that the statute’s “invalidity is fully established by its facial discrimination against interstate commerce,” and that this “discriminatory character eliminates the immunity

Parker v. May

59 Allen 336 · Massachusetts Supreme Judicial Court · Mar 15, 1850

Now, as neither of these statutes designates what constitutes a church, or who are the deacons of a church, or how they are to be chosen and qualified to take and hold estate in succession; all these inquiries are necessarily … Pierpont was made without such consent, as alleged in the bill, it is clearly not a case which authorizes the intervention of the public prosecutor; and no decision of that question, in this suit, would be binding on the

Forcier Ex Rel. Estate of Forcier v. Forcier

406 F. Supp. 2d 132 · District Court, D. Massachusetts · Dec 28, 2005

Here, the policy contains no mandatory language of any kind, and there is no clearly defined conditional sequence (e.g., “if not to x then to y”). … We agree that in spite of the total collapse of the marriage the defendant technically qualifies as the widow of the insured within the meaning of the statute. Id.

BBNT Solutions, LLC v. 625 Concord, Inc.

20 Mass. L. Rptr. 732 · Massachusetts Superior Court · Mar 24, 2006

If Landlord and Tenant are unable to agree on the option price it shall be determined by appraisal, the Landlord and Tenant each appointing one qualified real estate appraiser who shall in turn jointly choose a third. … Ill Purchase Option Agreement clearly defines the bargained-for rights of the parties thereto created by that contract. By its plain terms, the I.F.

COMMONWEALTH v. MICHAEL RODRIGUEZ.

101 Mass. App. Ct. 439 · Massachusetts Appeals Court · Jul 27, 2022

[Note 9] The defendant's former girlfriend testified at trial without immunity or an agreement regarding disposition of the charge against her. … However, none of that other evidence directly established that it was the defendant who shot the victim.

Financial Resources Network, Inc. v. Brown & Brown, Inc.

867 F. Supp. 2d 153 · District Court, D. Massachusetts · Mar 31, 2012

Furthermore, “the insured bears the burden of establishing coverage,” while “the burden is on the insurer to establish the applicability of an exclusion.” Finn v. National Union Fire Ins. … Use of the language “condition precedent” and the language of the paragraph as a whole establish that the insured plaintiff bears the burden to establish compliance with these notice requirements. See, e.g., Cooper v.

In re Bailey

439 Mass. 134 · Massachusetts Supreme Judicial Court · Apr 11, 2003

In that letter, Bailey attempted to convince Judge Paul that the lawyers seeking to represent Duboc were not qualified to represent him; that they were giving Duboc *142 bad advice contrary to the strategy formulated and … Bailey, apparently unaware of *152 Judge Paul’s practice at the time, clearly intended that Judge Paul read the letters. That discipline, a public censure, was imposed more than thirty years ago.

Roberts v. Smith Barney, Harris Upham & Co., Inc.

653 F. Supp. 406 · District Court, D. Massachusetts · Dec 11, 1986

I need not choose between the states’ laws because each establishes essentially the same test for determining unconscionability. … I find that plaintiffs have failed to allege any facts capable of establishing unconscionable procedural defects in the contracts.

Arsenault v. McConarty

21 Mass. L. Rptr. 500 · Massachusetts Superior Court · Oct 3, 2006

McConarty clearly had a special relationship with Ortiz. … McConarty acted within the standard of care of the average qualified family practitioner in his treatment of Ortiz. Dr.

Segal v. Genitrix, LLC

Massachusetts Supreme Judicial Court · Dec 28, 2017

The company, Genitrix, was established as a Delaware limited liability company (LLC) headquartered in Boston. … Instead, jurors were instructed that "a person qualifies as an agent having the management of such corporation if he . . .

Commonwealth v. Webster

59 Allen 295 · Massachusetts Supreme Judicial Court · Mar 15, 1850

His experience qualifies him to say this. Papers have passed under his notice, in a business or official capacity, which have given him a long and familiar acquaintance with the defendant’s handwriting. … But, if such or any similar new modes of occasioning death may have been adopted, they are clearly within the law.

Commonwealth v. Gonzalez

443 Mass. 799 · Massachusetts Supreme Judicial Court · Apr 1, 2005

She testified at the grand jury under oath and pursuant to a grant of immunity. Nevertheless, at trial, she contradicted much of her grand jury testimony. … All four men were clearly present. As the defendant admitted to the police, the men sought the victim out with the intent to beat him severely as retribution for a previous fight involving a drug transaction.

Woodward v. Commissioner of Social Security

435 Mass. 536 · Massachusetts Supreme Judicial Court · Jan 2, 2002

A United States administrative law judge, hearing the wife’s claims de novo, concluded, among other things, that the children did not qualify for benefits because they “are not entitled to inherit from [the husband] under … Rev. 901 , 951 (1997). 22 The prospective donor parent must clearly and unequivocally consent not only to posthumous reproduction but also to the support of any resulting child. Cf.

Killion v. Commonwealth Yachts

421 F. Supp. 2d 246 · District Court, D. Massachusetts · Feb 16, 2006

The “dealership” relationships that Mainship had with companies in Massachusetts and Maine do not, standing alone, qualify as such contacts. … plaintiff, and plaintiff acted to establish Puerto Rican operations, was not sufficient connection to Puerto Rico to establish minimum contacts).