Case law

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.

Souza

District Court, D. Massachusetts · Mar 30, 2026

Fourteenth Amendment protections due to a finding of qualified immunity, however the court did recognize that there was a “legitimate interest in restricting ownership of pet cats and dogs in public housing.”8 Id. at 273 … immunity.

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 .

Ex parte Foster

9 F. Cas. 508 · U.S. Circuit Court for the District of Massachusetts · Apr 30, 1842

And certain authorities are relied on to establish and confirm these positions. … They are qualified rights.” Lickbarrow v. Mason, 6 East, note, pp. 21, 24.

Cass v. Town of Wayland

District Court, D. Massachusetts · May 30, 2019

First, the plaintiff must establish a prima facie case. … Id. at *8. 3 Defendants also assert that Detective Berger is entitled to qualified immunity on Cass’s Fourth Amendment claim. See Docket No. 77 at 23-25.

Kilburn v. Maloney

383 F. Supp. 2d 247 · District Court, D. Massachusetts · Aug 1, 2005

This court finds that the SJC’s decision was not contrary to nor an unreasonable application of clearly established Federal law as determined by the Supreme Court. … Since the SJC “applied the correct standard by articulating the standard as set forth in Jackson,” the state court decision is not “contrary to” clearly established federal law. Id. at 15 .

Alopexx, Inc. v. Xenothera

District Court, D. Massachusetts · Apr 28, 2023

The text of the contract does not clearly support defendant’s interpretation. … Here, the private factors do not clearly weigh in favor of the French forum.

Connor v. Benedict

481 Mass. 567 · Massachusetts Supreme Judicial Court · Mar 7, 2019

Kareores, 474 Mass. 528, 535 (2016). 9 "The legislative history clearly shows that the broad discretion judges historically have had in making awards of alimony was not affected by the Alimony Reform Act of 2011 … The husband relies on Rule 411(a) of the Supplemental Rules of the Probate and Family Court, Massachusetts Rules of Court, at 815-816 (LexisNexis 2018), which establishes an "automatic restraining order" on both parties

West Concord 5-10-1.00 Store, Inc. v. Interstate Mat Corp.

31 Mass. L. Rptr. 58 · Massachusetts Superior Court · Mar 5, 2013

As illustrated by the following example, a class action is clearly not superior in this case, Le., a fair and more efficient method of adjudicating plaintiffs claims. … This is clearly an undesirable result which cannot be tolerated.

Corning Glass Works v. Ann & Hope, Inc. of Danvers

363 Mass. 409 · Massachusetts Supreme Judicial Court · Apr 2, 1973

But that general public policy has been established by legislation rather than by our Constitution, and the Legislature may limit its scope. … The various opinions that deny that any delegation to private parties is involved in the non-signer provisions seem clearly unsound.

In Re. Brown

District Court, D. Massachusetts · Apr 22, 2022

The Jurisdiction of the Bankruptcy Court 28 U.S.C. § 1334 “establishes two main categories of bankruptcy matters over which the district courts have jurisdiction.” Gupta v. Quincy Med. … In other words, some matters that qualify for “related to” jurisdiction pre-confirmation might no longer qualify post-confirmation, but the authority for “related to” jurisdiction never disappears. Id.

Wollman v. Massachusetts General Hospital Inc.

District Court, D. Massachusetts · Nov 3, 2020

Utah 2020) (declining to apply peer review privilege in the context of discovery sought in a FCA case where peer review documents might help the Relator establish scienter); In re Admin. … The HCQIA promotes physician engagement in the peer review process by extending qualified immunity to those conducting peer reviews. 42 U.S.C. §§ 11101(5), 11111 (a)(2) (1986).

Garabedian v. Westland

12 Mass. L. Rptr. 130 · Massachusetts Superior Court · Jun 30, 2000

The ten-year statute of limitations for violations not authorized by a permit clearly only applies to “structures,” not uses. … Not only must the accessory use be “ ‘habitually . . . established as reasonably associated with the primary use’ . . .

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.

Trio Algarvio, Inc. v. Commissioner of the Department of Environmental Protection

440 Mass. 94 · Massachusetts Supreme Judicial Court · Sep 9, 2003

However, this ownership was qualified and “always had strings attached.” Id. at 637 . … The 1866 establishment of a licensing scheme and the 1874 enactment of occupation fees represented a significant break *106 from past practice.

United States v. Bell

818 F. Supp. 444 · District Court, D. Massachusetts · Apr 7, 1993

Rather, this case features special considerations that weigh heavily in the equitable balance and that substantially qualify the character of the defendant’s “enrichment” by the IRS. … Magniac and Knight provide support for the proposition that equity cannot provide a plaintiff with a remedy where such a remedy is clearly precluded by law.

Maston v. Poirier

26 Mass. L. Rptr. 365 · Massachusetts Superior Court · Dec 14, 2009

At-risk people may include (but are not limited to) the very young, the old, people with respiratory problems such as asthma or emphysema, people with immunity deficiency, and people sensitive to chemicals such as disinfectants … Although such states of mind clearly encompass reckless behavior, Montanez v. Bagg, 24Mass.App.Ct. 954, 956 (1987), negligent acts are not the subject of punitive, multiple damages awards. Anzalone v.

Commonwealth v. McGee

467 Mass. 141 · Massachusetts Supreme Judicial Court · Feb 12, 2014

Pytou Heang , 458 Mass, at 848 (“a qualified ballistics expert may . . . offer an opinion based on the class or subclass characteristics that narrow the scope of possible firearms or eliminate a class of possible firearms … This principle holds especially true where, as here, forensic evidence establishes that the weapon *158 could not have been used to commit the crime. See Commonwealth v. Barbosa, supra at 123 .