Case law

Newspapers of New England, Inc. v. Clerk-Magistrate of Ware Division of District Court Department

403 Mass. 628 · Massachusetts Supreme Judicial Court · Dec 22, 1988

The plaintiff commenced the action according to the procedures established in Ottaway Newspapers, Inc. v. Appeals Court, 372 Mass. 539, 551 (1977). In Ottaway Newspapers, Inc. v. … Since there has been a public trial which resulted in the conviction of Phoenix and since the plaintiff does not now seek, nor Phoenix oppose, the disclosure of the affidavit the case is clearly moot.

Commonwealth v. Smith

412 Mass. 823 · Massachusetts Supreme Judicial Court · Jun 10, 1992

[I]t is different from the post-Miranda statement and does not qualify as a so-called cat-out-of-the-bag statement.” 9 *834 We regard the judge’s finding that the defendant’s first statement was not inculpatory as clearly … The inculpatory quality of the defendant’s statement was established conclusively by other evidence already known to the police — the defendant may have believed, mistakenly, that his statement was exculpatory.

Commonwealth v. Favulli

352 Mass. 95 · Massachusetts Supreme Judicial Court · Mar 1, 1967

After establishing an interim procedure for handling warrants the meeting adjourned at 1:10 p.m. On April 7, 1960, Nicholas J. … The judge expressly referred to the testimony of Sullivan and Favulli as qualifying what Mr. O’Connell had testified to and instructed them to weigh that testimony.

Nickless v. Clemente (In Re Clemente)

413 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · Aug 12, 2009

As noted above, see supra discussion regarding 109A § 5(a)(1), the Debtor clearly did not receive reasonably equivalent value for the transfer. … Instead, she qualified the transfer by requesting that they build an in-law apartment for her. • The Court finds that the Debtor transferred the Camden property for no consideration. See Fleet Nat’l Bank v.

Brangan v. Commonwealth

477 Mass. 691 · Massachusetts Supreme Judicial Court · Aug 25, 2017

Nor does it establish, without more, that [he] is entitled to the extraordinary relief available under G. L. c. 211, § 3." We disagree. … Supreme Court has observed that "an interlocutory appeal by the Government ordinarily is a valid reason that justifies delay," but "a delay resulting from an appeal would weigh heavily against the Government if the issue were clearly

Young v. IMO Industries, Inc.

541 F. Supp. 2d 433 · District Court, D. Massachusetts · Mar 31, 2008

STANDARD OF REVIEW The standard of review of a’ summary judgment motion is well established. … Imo, however, insists that the settlement agreement does not provide retiree medical benefits to individuals who never qualified and who might never qualify for an Imo retirement form of pension.

Commonwealth v. Hunt

392 Mass. 28 · Massachusetts Supreme Judicial Court · May 21, 1984

The judge concluded that the defendant was not in custody at any time during the January 16 or January 18 interrogations, and that, even if the separate interrogation of the defendant on January 18 qualified as custodial, … Gladden, supra-, we can think of no reason why a different result should be reached when the evidence is that the juror made statements that clearly establish such exposure. See Commonwealth v. Fidler, supra at 200 .

Rigby v. Damant

486 F. Supp. 2d 222 · District Court, D. Massachusetts · May 15, 2007

The Supreme Court has been willing to imply authorization under the Anti-Injunction Act absent the express authorization demanded by the statute. 15 In broadening the exception, however, the Court provided that “to qualify … Additionally, the third exception clearly does not apply as, at this point, there is no determination of the merits or judgment to protect.

United States v. Green

405 F. Supp. 2d 104 · District Court, D. Massachusetts · Dec 20, 2005

He could not even state clearly how many similar lines were required for a match. 21 (Daubert Hr’g Tr. 31-32, Nov. 2, 2005.) … Indeed, recent reexaminations of relatively established forensic testimony have produced striking results.

Estados Unidos Mexicanos v. Smith & Wesson Brands, Inc.

District Court, D. Massachusetts · Sep 30, 2022

First, the exception clearly does not apply to the seven defendants who are manufacturers of firearms. … Ganim are clearly analogous to those here.

Shorey v. Rennell

22 F. Cas. 1 · District Court, D. Massachusetts · Apr 15, 1858

I must presume that they really thought it necessary, in order to protect the mate and suppress a mutiny; but the evidence clearly shows that no such necessity existed. … I have stated the facts, which, after careful examination, I think are established by the evidence.

Stein v. Smith

270 F. Supp. 2d 157 · District Court, D. Massachusetts · Jul 3, 2003

. § 1102 (a)(1) (requiring every plan qualified under ERISA to have at least one “named fiduciary”); 29 U.S.C. § 1002 (21)(A) (enumerating activities resulting in what has been described as “functional fiduciary” status). … ERISA fiduciaries also have a duty to diversify the investments of the plan in question “so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so,” and to manage the plan

Johnson v. Brown & Williamson Tobacco Corp.

122 F. Supp. 2d 194 · District Court, D. Massachusetts · Nov 8, 2000

Accordingly, the failure to warn claim is clearly preempted by the 1969 Act. … The fraud count of Johnson’s complaint (Count IV) does not clearly proceed under either fraud theory.

Moradi v. Morgan

District Court, D. Massachusetts · Mar 22, 2021

The affidavit asserts that requesters “usually specify as such clearly in the request.” Id. … “A predecisional document will qualify as ‘deliberative’ provided it (i) formed an essential link in a specified consultative process, (ii) ‘reflect[s] the personal opinions of the writer rather than the policy of the

Resendes v. Astrue

780 F. Supp. 2d 125 · District Court, D. Massachusetts · Feb 17, 2011

She noted that the evidence presented in Resendes’ medical records did not establish the presence of “C” criteria. 8 Id. at 236 . Apart from depression and anxiety, Dr. … The ALJ’s judgments on such matters should be given substantial deference, provided that his opinion clearly states specific reasons for reaching his conclusion. Becker v.

Nickless v. Avnet, Inc. (In Re Century Electronics Manufacturing, Inc.)

310 B.R. 485 · United States Bankruptcy Court, D. Massachusetts · Jun 9, 2004

The court found nothing clearly inconsistent in the positions taken by the estate representative. … The “split” between the two lines of cases barely qualifies as such. As the Baker court noted, using one ap *493 proach over the other will often have no impact under the specific facts of a case.

AARON GOODALE v. TOWN OF UPTON & Others.

Massachusetts Appeals Court · Aug 8, 2023

Fitchburg Capital, LLC, 471 Mass. 248, 252-253 (2015), to determine "whether, viewing the evidence in the light most favorable to the nonmoving party, all material facts have been established and the nonmoving party … The town is immune from suit for intentional torts. G. L. c. 258, § 10 (c); Barrows v. Wareham Fire Dist., 82 Mass. App. Ct. 623, 626 (2012).

Conservation Law Foundation v. Massachusetts Water Resources Authority

District Court, D. Massachusetts · Feb 17, 2023

Once a TMDL is established, it is submitted to the EPA for approval. Id. § 1313(d)(2). The CWA also establishes a permitting system for the discharge of pollutants from point sources. … (Dkt immunity bars suits against government agencies and their officials. Commonwealth of Puerto Rico v. United States, 490 F.3d 50, 57 (1st Cir. 2007).

Boston Hat Manufactory v. Messinger

19 Mass. 223 · Massachusetts Supreme Judicial Court · Mar 15, 1824

Here, although by the express words of the condition the obligors were to be answerable for the fidelity of the officer during all the time he should continue in office, the recital' was used to qualify and restrain these … This shows very clearly, that all concerned considered the former relations of H.

United States v. Volungus

599 F. Supp. 2d 68 · District Court, D. Massachusetts · Feb 27, 2009

Here, as in those cases, the first two categories of permissible regulation under the Commerce Clause are clearly inapplicable. … Substituting a therapeutic commitment for a punitive one is a policy choice that is clearly within Congress’s power to make.