Case law

Westfield High School L.I.F.E. Club v. City of Westfield

249 F. Supp. 2d 98 · District Court, D. Massachusetts · Mar 17, 2003

The Act’s promise of absolute immunity is illusory, as the Supremacy Clause prevents Massachusetts from limiting remedies provided by federal law as, for instance, under 42 U.S.C. § 1983 for violations of the Establishment … Clearly, the balance of hardships weighs in their favor. 4.

Massachusetts Ass'n of Older Americans v. Spirito

92 F.R.D. 129 · District Court, D. Massachusetts · Nov 20, 1981

Although plaintiffs concede that it is not possible to determine which persons whose AFDC or SSI benefits were terminated due to excess income were still at an income level which qualified them for Medicaid, it is fair to … This aspect of the case is clearly appropriate for class certification under Rule 23(b)(2).

Landry v. Attorney General

429 Mass. 336 · Massachusetts Supreme Judicial Court · Apr 13, 1999

Eight drops of blood are collected by a qualified person following a finger prick with a lancet provided in a special testing kit. See 515 Code Mass. Regs. § 1.04(3)(g), (j), (k). … The balance of interests clearly weighs in favor of the use of DNA in accordance with the Act to create a record, of identification. We need not discuss the judge’s other reasoning 11 or the “special needs” analysis.

Bogan v. City of Boston

432 F. Supp. 2d 222 · District Court, D. Massachusetts · May 11, 2006

Section 1983 is a qualified civil rights statute under section 1988. Maine v. Thiboutot, 448 U.S. 1, 11 , 100 S.Ct. 2502 , 65 L.Ed.2d 555 (1980). … Plaintiffs clearly fall under the definition of prevailing parties as they received a jury verdict in their favor against the City and received damages of $30,000 (in total) for a section 1983 civil rights claim.

Huertas v. Astrue

844 F. Supp. 2d 197 · District Court, D. Massachusetts · Feb 21, 2012

SiVStand Option Plaintiff first argues that the above hypothetical did not sufficiently establish to the VE the frequency at which the potential employee must change position. … In addition, the claimant in Arocho was only qualified to perform sedentary work.

Tracia v. Liberty Life Assurance Co.

164 F. Supp. 3d 201 · District Court, D. Massachusetts · Feb 10, 2016

In order to qualify for LTD benefits, eligible' employees are required to provide Liberty with “Proof of continued ... Disability.” (DF ¶ 4). … There is clearly a myofas-cial component to his axial low back pain which may be addressed with [physical therapy], topical lidocaine, and potentially trigger point injections.

Ferriter v. Daniel O'Connell's Sons, Inc.

381 Mass. 507 · Massachusetts Supreme Judicial Court · Sep 9, 1980

Furthermore, the question was not clearly presented until Nelson v. Richwagen, 326 Mass. 485 (1950). See White v. Thomson, 324 Mass. 140, 143 (1949). … The court then likened the policies involved to those underlying parent-child tort immunity. Id.

In re First Barnstable Corp.

108 B.R. 372 · District Court, D. Massachusetts · Nov 9, 1989

Dennis, Sr., a qualified real estate appraiser, described the resort property and gave an opinion of it’s value. … appraised value of $2,500,000 less costs of rehabilitation: 1) Municipal liens - $ 35,032.19 2) First mortgage - $2,062,793.30 3) Second mortgage - $ 950,000.00 (approx.) 4) Third mortgage - $1,500,000.00 $4,547,825.49 Clearly

Boston Firefighters Union, Local 718, International Association of Fire Fighters, AFL-CIO v. City of Boston

Massachusetts Supreme Judicial Court · Mar 30, 2023

Vaccination against COVID-19, however, has served as an important tool in achieving higher levels of immunity among the population as the pandemic continues, see id., because individuals who are vaccinated … relief does not promote the public interest, the single justice abused her discretion in issuing the preliminary injunction because the potential harm to the city and the public resulting from the spread of COVID-19 clearly

Watts Water Technologies, Inc. v. Fireman's Fund Insurance

22 Mass. L. Rptr. 659 · Massachusetts Superior Court · Jul 11, 2007

The italicized “insured” is a defined term in the Policy, meaning “any person or organization qualifying as an insured in the ’’Persons Insured" provision of the applicable insurance coverage." Policy at 1. … If the insurer wishes to impose this limitation on its insureds, it may do so by clearly so stating in the insurance policy.

Meijer, Inc. v. Ranbaxy Inc.

District Court, D. Massachusetts · Nov 27, 2019

; 2) plaintiffs cannot demonstrate proximate cause and 3) plaintiffs cannot establish a predicate offense under RICO. … Noerr-Pennington Immunity Ranbaxy contends that it is entitled to Noerr- Pennington immunity which immunizes government petitioning activity even

Inhabitants of Lynnfield v. Inhabitants of Peabody

219 Mass. 322 · Massachusetts Supreme Judicial Court · Nov 24, 1914

was not to be applied to grants preceding such establishment. … Woods, 108 Mass. 160, 169 , 170: “Unless qualified by restrictive words, they pass the soil towards the centre of the water, as far as the grantor owns.

United States v. Edwards

19 F. Supp. 3d 366 · District Court, D. Massachusetts · May 16, 2014

The First Circuit in Janosko established a three-part test qualifying the meaning of “other expenses” under Section 3663A(b)(4). 642 F.3d at 42 . … This Court is “clearly without authority” to award fees and costs in a “wholly separate civil suit” from state court, and will not do so here. Barany, 884 F.2d at 1261 .

Finnegan v. Baker

32 Mass. L. Rptr. 455 · Massachusetts Superior Court · Apr 30, 2014

“This connection is established if the corporate powers were used or necessary for the commission of the alleged misconduct.” … They have not shown that the Special Master’s finding that to date, they have not done so, was clearly erroneous.

Dolan v. Commonwealth

304 Mass. 325 · Massachusetts Supreme Judicial Court · Nov 28, 1939

Whatever may have been the common law it is established that under existing statutes (see G. L. [Ter. … At any rate it clearly is without merit. The facts found constitute contempt. Hurley v. Commonwealth, 188 Mass. 443 . Opinion of the Justices, 301 Mass. 615, 618 .

United States v. Martinez

102 F. Supp. 2d 39 · District Court, D. Massachusetts · Jun 21, 2000

Because the indictment establishes probable cause to believe that the defendants committed the crimes charged for purposes of a § 3142(e) detention hearing, see United States v. … The language of the re-buttable presumption and of subsection (g)(1) clearly evinces Congress’s intent to prevent a defendant in a narcotics case from fleeing.

Commonwealth v. Buswell

468 Mass. 92 · Massachusetts Supreme Judicial Court · May 13, 2014

Contrast the Model Penal Code’s less stringent approach to establishing attempt. … The prosecutor’s questions clearly focused on the defendant’s belief, and the jury received other evidence concerning the actual age at which an individual is legally able to give consent.

McLaughlin Ex Rel. McLaughlin v. Boston School Committee

976 F. Supp. 53 · District Court, D. Massachusetts · Aug 29, 1997

assignment procedure for the three examination schools, established by Judge Garrity, will continue to be in effect.” … Abigail Thernstrom, both highly qualified. Prof.

Robert and Ardis James Foundation v. Meyers

87 Mass. App. Ct. 85 · Massachusetts Appeals Court · Feb 12, 2015

James's personal accounts, but from plaintiff the Robert and Ardis James Foundation (foundation), a charitable entity for purposes of the Internal Revenue Code, organized under the laws of New York, whose purpose is to make qualifying … The standard of review is well established. The judge's findings of fact are accepted unless they are clearly erroneous. Anastos v. Sable, 443 Mass. 146, 149 (2004).

Mullane v. Chambers

206 F. Supp. 2d 105 · District Court, D. Massachusetts · Jun 6, 2002

The limited evidence placed before the court at trial regarding the trust does not establish that the trust was the true owner of the vessel. … Stated more clearly, the mere fact that Dr.