Case law

Eustace v. Springfield Public Schools

District Court, D. Massachusetts · May 29, 2020

“could adopt a policy in favor of hiring the most qualified candidate such that a disabled employee could never rely on reassignment to establish the existence of a reasonable accommodation for purposes of his prima facie … qualified to do the job.

Purcell v. Sherrill

29 Mass. L. Rptr. 479 · Massachusetts Superior Court · Feb 27, 2012

On July 22, 2010, the Building Inspector denied Purcell’s Request for Enforcement, indicating the Lots qualified for grandfathering under G.L.c. 40A, §6. … Clearly, Purcell’s appeal to the Board was untimely and thus, the court lacks subject matter jurisdiction to hear it. 7 By no means does the court render this decision lightly, especially where, at a glance, it appears likely

McQueen v. Druker

317 F. Supp. 1122 · District Court, D. Massachusetts · Oct 5, 1970

In the state court defendants “intended to rely on the established State law that a tenant who holds over after the expiration of a lease may be evicted without cause.” … A tenant may remain, if not forever, at least until he misbehaves;- or he becomes rich, or the government adopts general rules under which he no longer qualifies.

McNulty v. Kessler

3 Mass. L. Rptr. 457 · Massachusetts Superior Court · Apr 3, 1995

If the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts which would establish the existence of a genuine issue of material fact in order to defeat … To the extent that their actions were privileged under the common-law privileges discussed above, they also were immune from claims for intentional interference with contractual or advantageous relationships.

Thurdin v. SEI Boston, LLC

452 Mass. 436 · Massachusetts Supreme Judicial Court · Oct 24, 2008

The result the court reaches in this case is mandated by well-established principles of statutory construction. … The exclusion clearly does not itself “provide” authorization for or “permit” such employers to discriminate against their employees on the basis of sex or any other category listed in § 102 (a).

Smith v. Mitre Corp.

949 F. Supp. 943 · District Court, D. Massachusetts · Jan 3, 1997

There are some things that are clearly within the public policy exception.. … Having decided that some whistle-blowers, even if they have not complained to outside authorities, can qualify for the public policy exception, the court must now determine whether whistleblowing in this ease, involving alleged

Commonwealth v. Roby

462 Mass. 398 · Massachusetts Supreme Judicial Court · Jun 4, 2012

He asserts that, because this evidence did not allege a sexual assault, it did not qualify as a complaint but amounted to the improper admission of bad act evidence. … The record clearly reflects the concerns of the judge, who was confronted with a novel situation. 14The jury were permitted to take notes at the trial.

Commonwealth v. Oberle

476 Mass. 539 · Massachusetts Supreme Judicial Court · Feb 28, 2017

But even if we were to assume that the proffered explanation that juror no. 15's experience as a mandated reporter of child abuse qualified as an individualized, group-neutral, and adequate explanation for the challenge … Although the judge clearly should have addressed the adequacy of the defendant's proffered reasons for challenging juror no. 15, we conclude that the judge did not abuse his discretion in finding a lack of genuineness.4

Boston Gas Co. v. Assessors of Boston

334 Mass. 549 · Massachusetts Supreme Judicial Court · Sep 24, 1956

for which it was established. … That a person qualifies as an expert does not endow his testimony with magic qualities.

Commonwealth v. Martin

39 Mass. App. Ct. 658 · Massachusetts Appeals Court · Jan 24, 1996

Here, the evidence was clearly relevant because it went to a critical issue in the case — whether the complainant consented to the various acts of sexual intercourse. Commonwealth v. … We need not decide whether the absence of the defendant was error, because there is enough on the record to establish that the defendant waived his presence.

United States v. Three Juveniles

886 F. Supp. 934 · District Court, D. Massachusetts · May 1, 1995

Another leader was Michael Rasnick, age twenty-five, who was an immunized cooperating witness at the trial of the juveniles. Rasnick was a self-avowed white supremacist and separatist. … any of the aforesaid establishments; and (ii) which holds itself out as serving patrons of such establishments.”

Society of the Holy Transfiguration Monastery, Inc. v. Archbishop Gregory

685 F. Supp. 2d 217 · District Court, D. Massachusetts · Feb 18, 2010

The Monastery’s proffered evidence, including the uncontested copyright registration certificate, clearly and convincingly indicates the opposite. 11 The Archbishop next claims that he signed the Agreement under the duress … “Our prior discussion establishes that the scope of fair use is narrower with respect to unpublished works....

Alfonso v. Aufiero

66 F. Supp. 2d 183 · District Court, D. Massachusetts · Sep 7, 1999

The parties agree that plaintiffs satisfy the relatively low threshold required to qualify for “prevailing party” status. See, e.g., Farrar v. … , it required very little additional briefing or evidentiary time to establish).

Sun Capital Partners III, LP v. New England Teamsters & Trucking Industry Pension Fund

903 F. Supp. 2d 107 · District Court, D. Massachusetts · Oct 18, 2012

Even taken in the light most favorable to the Pension Fund, the record establishes that the Sun Funds are not a “trade or business.” … This result clearly conflicts with the congressional purpose of ensuring financially sound multiemployer pension plans. Cf. 29 U.S.C. § 1001a (MPPAA congressional policy statement).

Commonwealth v. Lewin

405 Mass. 566 · Massachusetts Supreme Judicial Court · Aug 14, 1989

We now explain why that finding is clearly erroneous on the record in this case. … We do say, however, that on this record a finding that John does exist was clearly erroneous.

Watuppa Reservoir Co. v. City of Fall River

1 L.R.A. 466 · Massachusetts Supreme Judicial Court · Oct 29, 1888

The which clearly to determine, it is declared that in all creeks, coves, and other places about and upon salt water, where the sea ebbs and flows, the proprietor, or the land adjoining, shall have propriety to the low water … grant exclude such reservation ; so that the grant from the State of land upon a stream flowing from a great pond did not convey an unqualified fee with the right to enjoy the usual and natural flow of the stream, but a qualified

Cohen v. Attorney General

357 Mass. 564 · Massachusetts Supreme Judicial Court · Jun 5, 1970

Certain great powers are conferred and some limitations as to their exercise are established. The original Constitution and all its Amendments together form one instrument. … The record indicates clearly what the delegates to the convention meant and intended to accomplish by the amendment which they submitted to the people for ratification and adoption.

Riley v. Decoulos (In Re American Bridge Products, Inc.)

398 B.R. 724 · District Court, D. Massachusetts · Jan 8, 2009

BAP 2000) (chronicling cases where pre-filing expenses, including receiver’s compensation, qualify as administrative expenses), overruled on other grounds In re Weinstein, 272 F.3d 39 (1st Cir.2001). … Given the bankruptcy court’s meticulous explanation of how it determined each of the damage figures, the court was certainly not clearly erroneous in concluding that there were sufficient facts to establish that De-coulos

In re Boston Scientific Corp. Erisa Litigation

254 F.R.D. 24 · District Court, D. Massachusetts · Nov 3, 2008

A majority of Circuits has agreed that cashed-out former employees may still qualify as participants with statutory standing. … The interest is clearly not represented by existing parties because the two remaining Plaintiffs have no standing to represent the class.

Grant v. Ross

District Court, D. Massachusetts · Dec 19, 2018

the court “shall dismiss the case . . . if the court determines that - . . . the action or appeal . . . fails to state a claim on which relief may be granted[] or . . . seeks monetary relief against a defendant who is immune … In order to secure injunctive relief, Grant must establish that she is likely to succeed on her claim.