Case law

Wilson v. Commissioner of Transitional Assistance

441 Mass. 846 · Massachusetts Supreme Judicial Court · Jun 2, 2004

To qualify for EA, an individual’s monthly income must be less than $303.70. 106 Code Mass. Regs. §§ 321.260, 321.420, and 321.500 (2003). … We are certain that the Legislature did not contemplate such an approach, which runs contrary to established principles of appropriation and expenditure.

Commonwealth v. Millyan

399 Mass. 171 · Massachusetts Supreme Judicial Court · Feb 10, 1987

Majesky, while qualified as a firearms identification expert, admitted he *181 was not qualified as a ballistician. … Millyan’s manslaughter theory was clearly rejected at trial by the jury. We do not sit as a second jury.

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

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.

Massachusetts Delivery Ass'n v. Healey

117 F. Supp. 3d 86 · District Court, D. Massachusetts · Jul 8, 2015

“[W]e are following Congress’s directive to immunize motor carriers from state regulations that threaten to unravel Congress’s purposeful deregulation in this area.” Id. … The Court notes, however, that not all First Circuit precedent points clearly in the direction of preemption.

Exergen Corp. v. Brooklands Inc.

125 F. Supp. 3d 307 · District Court, D. Massachusetts · Aug 28, 2015

The claims in the '938 patent clearly are directed to a law of nature. … The question is whether this one additional step is sufficient to establish patent eligibility.

Henderson v. D'ANNOLFO DODGE ELECTRICAL CONTR

15 Mass. App. Ct. 413 · Massachusetts Appeals Court · Mar 9, 1983

Dodge challenges the judge’s action and states that the master’s report presented “facts final” which are “binding” upon the judge unless they are “clearly erroneous.” … He correctly notes that the chain of custody was not irrefutably established, but when, as was the case here, credible testimony is offered to establish that chain, any imperfections go to the weight of the evidence, not

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.

Montrym v. Panora

438 F. Supp. 1157 · District Court, D. Massachusetts · Oct 31, 1977

To be sure, the issue plaintiff asserts here, whether an initial refusal followed by a later request to take the test qualifies as a refusal, may be the rare exception. … Love, 431 U.S. 105, note 7 , 97 S.Ct. 1723 , 52 L.Ed.2d 172 (1977), to establish eligibility after surrendering his license.

Adoption of Iris

43 Mass. App. Ct. 95 · Massachusetts Appeals Court · Jul 7, 1997

If this standard of proof is to have meaning in cases involving the possible termination of parental rights, it cannot be said here that the evidence before the judge clearly and convincingly proved unfitness. … It was inadequate in the event to establish current parental unfitness by the requisite degree of proof. Further proceedings.

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.

Afrasiabi v. United Press International

District Court, D. Massachusetts · Sep 22, 2021

Afrasiabi is an “Iranian spy” and a “wolf in sheep’s clothing,” which immunizes Defendants from liability. … Thus, the uncontested and properly considered facts conclusively establish that UPI is entitled to a favorable judgment.

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.

DirecTV, LLC v. Commonwealth, Department of Revenue

31 Mass. L. Rptr. 48 · Massachusetts Superior Court · Nov 26, 2012

They pay corporate income taxes to Massachusetts, and collect and remit sales taxes on qualifying sale-purchase transactions in Massachusetts. … They agree that the typical Massachusetts customer selects a service based on price, customer service, reception qualify, and the breadth and types of programming offered.

Cahaly v. Benistar Property Exchange Trust Co.

28 Mass. L. Rptr. 18 · Massachusetts Superior Court · Jan 13, 2011

[T]hat evidence would not get you to the actual knowledge that needed to be proved in order to establish aiding and abetting liability, because at most it would establish knowledge of the business of Benistar but not that … Shawmut Bank, N.A., 418 Mass. 596 (1994), what a party must prove to establish that another has committed a fraud on the court: A “fraud on the court” occurs where it can be demonstrated, clearly and convincingly, that a

QUINTEASHA DOSSANTOS v. BETH ISRAEL DEACONESS HOSPITAL-MILTON, INC., & Others

Massachusetts Appeals Court · Nov 12, 2024

Clearly, the 'good cause' test requires the [p]laintiff to prove that the records contain more than basic medical information found in all medical records." … Pts. 160 and 164 (2024) (establishing national standards to protect privacy of health care information by requiring certain health plan and health care entities to establish safeguards regarding disclosure); Alberts v.

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 . . .

Ferreira v. Sterling Jewelers, Inc.

130 F. Supp. 3d 471 · District Court, D. Massachusetts · Sep 15, 2015

Reg. at 78,741, 14 Clearly, the FTC commentary and the resulting regulations do not establish that any given untreated emerald, in general, is more valuable than any particular treated emerald, let alone that Ms. … Shaulis, 120 F.Supp.3d at 52 , 2015 WL 4886080, at *10 ; see Rule I, 604 F.Supp.2d at 302 (Hershenow “expressly rejected the proposition ... that a misrepresentation can qualify as an ‘injury’ to consumers who are influenced

Nahigian v. Leonard

233 F. Supp. 2d 151 · District Court, D. Massachusetts · Nov 22, 2002

Thus, and clearly, corporate officers are subject to the criminal procedures, defenses, and civil suits established in Section 150 for violations of Section 148. … The employer had made a loan to the plan for use to buy a set number of shares of the employer’s stock (which would then be given to qualifying employees). Id. at 30 .

In Re Erewhon, Inc.

21 B.R. 79 · United States Bankruptcy Court, D. Massachusetts · May 4, 1982

Clearly, in the area of fees there are no explicit yardsticks. … attorney was not necessary and may have been over qualified for the tasks at hand.