Case law

Arklow, Inc. v. Weadock

31 Mass. L. Rptr. 544 · Massachusetts Superior Court · Nov 27, 2013

Once the moving party establishes the absence of a triable issue, the nonmoving party must respond by setting forth specific facts showing that there is a genuine issue for trial. … There is clearly some tough bargaining occurring between the co-directors, with Bryan bringing the corporate line of credit to the brink, endangering Mrs. Weadock’s bond portfolio.

Commonwealth v. Noxon

319 Mass. 495 · Massachusetts Supreme Judicial Court · May 10, 1946

Moritz was qualified as an expert in pathology, and the judge deferred his decision whether the witness was qualified as an expert on electrothermal burns until such time as the witness should be interrogated as to such subject … Later when he was so interrogated the judge found that he was qualified to respond. The testimony of Dr.

Commonwealth v. Daye

393 Mass. 55 · Massachusetts Supreme Judicial Court · Sep 24, 1984

L. c. 233, § 20 (Legislature requires testimony of immunized witnesses be corroborated). … To qualify as inconsistent, “[i]t is not necessary that the prior statement contradict in plain terms the testimony of the witness.” Commonwealth v. Simmonds, 386 Mass. 234, 242 (1982).

Kopycinski v. Aserkoff

410 Mass. 410 · Massachusetts Supreme Judicial Court · Jun 18, 1991

In short, the opinion weakens the very safeguards that have established the fairness and efficiency of the procedure. … The revised law clearly assigned to the judge the sole responsibility for determining all questions of law.

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).

In Re Acushnet River & New Bedford Harbor

722 F. Supp. 893 · District Court, D. Massachusetts · Oct 12, 1989

Whatever the status of the mud flats sediments, the water column itself, clearly not a part of the facility, is a part of the environment. … Both the Senate Report and the remarks of Senator Randolph use the phrase "to qualify for exemption from liability for any federally permitted release_” See S.Rep.

Cummings Properties Management, Inc. v. W.R. Grace & Co.-Conn.

1 Mass. L. Rptr. 429 · Massachusetts Superior Court · Jan 19, 1994

On May 21, 1979, moreover, the State Department of Environmental Qualify Engineering (“DEQE”) declared that public Wells G and H in Wo-burn were contaminated, and ordered them shut down indefinitely. … Even if it is not established that Mr. Cummings received this particular report, it is clear that all the EPA test results were available to plaintiffs.

Nicholson v. Promotors on Listings

159 F.R.D. 343 · District Court, D. Massachusetts · Dec 9, 1994

A strong argument can be made that an independent contractor who meets the Kassel test qualifies as a “public official.” … Clearly the plaintiff was no naif in these matters and could be expected to understand that the operation of a local auditorium will often draw attention. . See St. Amant v.

Katz v. Katz

55 Mass. App. Ct. 472 · Massachusetts Appeals Court · Jul 19, 2002

Following the 1993 modification, Nathan purchased a condominium in West Palm Beach, Florida, utilizing $112,000 of his investment funds (because of his claimed inability to qualify for a mortgage without a steady source of … As noted above, the original judgment reflected no expectation or intention that Nathan’s alimony obligation was to end short of his death or clearly established inability to pay. See Huddleston v. Huddleston, 51 Mass.

In Re Extradition of Lui Kin-Hong

939 F. Supp. 934 · District Court, D. Massachusetts · Aug 29, 1996

One could conceivably read the clause beginning with “if” as qualifying not just the phrase “any other offense,” but scheduled offenses as well. … They were elaborately structured in ways that were clearly intended to make them untraceable.

Care and Protection of M.C.

Massachusetts Supreme Judicial Court · Oct 28, 2019

He qualified this ruling by stating that "if Mother's mental health becomes an element of her defense, the parties may again move this Court to determine if good cause exists to release such documents." … The judge's decision indicates clearly that he considered and weighed the parties' reasons for their requests for relief from impoundment, along with the other Rule 7 factors, see M.C.

Yee v. Massachusetts State Police

481 Mass. 290 · Massachusetts Supreme Judicial Court · Jan 29, 2019

Massachusetts Comm'n Against Discrimination, 400 Mass. 156, 162 (1987) ("Clearly, within the broad sweep of [terms, conditions, or privileges of employment] falls conduct which creates a sexually harassing work environment … has not been established rests with the defendant on summary judgment, even though it rests with the plaintiff at trial.

RLI INSURANCE COMPANY v. Santos

746 F. Supp. 2d 255 · District Court, D. Massachusetts · Sep 30, 2010

Question 6 tells the applicant, clearly and directly, to “include drivers with a learners permit.” That statement is not ambiguous as a matter of law. … Together these statements clearly communicate that a false signature would result in a voiding of the policy, fulfilling the second prong of the test.

Sousa v. Reno

135 F. Supp. 2d 75 · District Court, D. Massachusetts · Mar 1, 2001

It is therefore important to establish whether this Court has jurisdiction over this matter and, if jurisdiction exits, to clarify the scope of review available. … Review under INA § 242 is further qualified by § 242(a)(2)(C), which reads: “Notwithstanding any other provision of law, no „ court shall have jurisdiction to review any final order of removal against an alien who is removable

Tinsley v. Town of Framingham

Massachusetts Supreme Judicial Court · Sep 17, 2020

addressed supra, is barred. 23Because the second motion judge concluded that the holding in Heck barred all of Tinsley's then-remaining claims against the police officers, the judge did not consider the police officers' qualified … immunity claims.

Sensitech, Inc. v. LimeStone FZE

District Court, D. Massachusetts · Sep 17, 2020

Pro se defendants are not immune from preliminary injunctions, especially where, as here, the court held a hearing on the injunction and gave defendants ample notice of that hearing and … If the party seeking the injunction can establish that the evil that would result from [the offending publication] is both great

Goulet v. Carpenters District Council of Boston & Vicinity

884 F. Supp. 17 · District Court, D. Massachusetts · Oct 28, 1994

Under Massachusetts Workers' Compensation Law, G.L. c. 152 § 23, 24, the employer is immune from negligence suits. … Neither have plaintiffs proffered any admissible evidence establishing such citizenship.

Efficient Management Systems, Inc. v. Morin

4 Mass. L. Rptr. 426 · Massachusetts Superior Court · Oct 12, 1995

In addition, ERISA plans would have difficulty finding qualified and willing trustees as “the specter of personal liability” scares them away. General American Life Ins. Co. v. Castonguay, 984 F.2d at 1522 . … ERISA defines an employee welfare benefit plan as: [a]ny plan, fund or program... established or maintained by an employer, or by an employee organization, or both, to the extent that such a plan, fund or program was established

In re Nexium (Esomeprazole) Antitrust Litigation

296 F.R.D. 47 · District Court, D. Massachusetts · Dec 11, 2013

Adequacy also requires that class counsel be “qualified, experienced and able to vigorously conduct the proposed litigation.” Id. at 130 . … Hartman’s but-for generic prices are not clearly lower than the price Good Samaritan actually paid for brand Nexium.” Johnson Rpt. ¶ 37.

DiMarzo v. American Mutual Insurance

389 Mass. 85 · Massachusetts Supreme Judicial Court · May 4, 1983

Bay State Nat’l Bank, 384 Mass. 310 (1981), and we are unable to say that the conclusions of the judge were clearly erroneous. E. Damages. … We conclude that there was sufficient evidence to warrant the judge’s finding that the expert witnesses were qualified. 21 C. Business records.