Case law

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.

Arthur v. Doe

32 Mass. L. Rptr. 296 · Massachusetts Superior Court · Jul 31, 2014

Arthur claimed that his doctorate and law degrees made him more qualified. Dr. … relatedness prong even though the only contacts between one Colder defendant and forum were that his article was published within forum and legal injury occurred within forum; both in-forum publication and in-forum injury were 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.

Commonwealth v. Pena

455 Mass. 1 · Massachusetts Supreme Judicial Court · Sep 24, 2009

Because defense counsel did not request or secure the judge’s permission to make a missing witness argument after establishing its foundational requirements, defense counsel’s comment called for the jury to speculate impermissibly … Brendel, a highly qualified psychiatrist. 19 See Commonwealth v. Colon, 449 Mass. 207, 219 (2007) (“no substantial likelihood of a miscarriage of justice where the testimony was cumulative”).

Farrell Enterprises, Inc. v. Commissioner of Revenue

46 Mass. App. Ct. 564 · Massachusetts Appeals Court · Mar 30, 1999

The amendment to § 32B establishes that it is only when this process is completed that the sums may be combined to arrive at the group’s combined net income. … Obviously, the combined net income of a qualifying group bears no relationship to a consolidated financial statement prepared in accordance with generally accepted accounting principles.

Care and Protection of Quira.

Massachusetts Appeals Court · Oct 9, 2025

Wu was not qualified to testify 8 that the parents' insurance would not cover Quira's placement at the Seven Hills facility. … Ct. 120, 125 (1984) ("The specialized needs of a particular child when combined with the deficiencies of a parent's character, temperament, capacity, or conduct may clearly establish parental unfitness").

Commonwealth v. Depina

456 Mass. 238 · Massachusetts Supreme Judicial Court · Mar 10, 2010

Trooper Watson and Trooper Cyr’s T-shirts both bore clearly marked State police emblems on the front; Special Agent Doyle’s T-shirt was marked “FBI” on the front. … Corroboration, however, is not the only way the Commonwealth can establish the reliability of an anonymous caller.

Custody of a Minor

389 Mass. 755 · Massachusetts Supreme Judicial Court · Jul 22, 1983

While the mother was helping to establish the juice factory, the child lived with Brenda C. and attended public school. The factory project faltered, and the mother left it. She met a man, whose wife had left him! … Custody is not to be transferred from the natural parent simply because another prospective custodian is thought to be better qualified.

Smith v. The Bronx

86 F. 808 · District Court, D. Massachusetts · Mar 23, 1898

The interlocutory decree of Judge NELteSON roust be taken to establish that the Hooper went ashore on Plum Island by the fatilt of the Bronx. … The opinion of the court in that case goes on to illustrate how, under some circumstances, as evidence is introduced, a presumption of fact, and with it the burden of introducing further evidence to qualify facts already

New York Times Co. v. Commissioner of Revenue

427 Mass. 399 · Massachusetts Supreme Judicial Court · May 7, 1998

As the board found, testimony of the present and former employees of the department was often conflicting, and certainly did not clearly indicate that the commissioner adhered to any one policy in his decisions whether to … The regulation also specifically requires that the motor vehicles qualifying for tax exemption enter the Commonwealth with passengers or freight.

Demoulas v. Demoulas

428 Mass. 555 · Massachusetts Supreme Judicial Court · Dec 22, 1998

In the context of the entire jury instructions on the issue, the term reasonably suggested to the jury, not that they had the sole obligation of qualifying the deposition testimony as admissible evidence, but that they only … If they purchased the assets, they should have the opportunity to establish their status as bona fide purchasers.

T&D Video, Inc. v. Revere

3 Mass. L. Rptr. 427 · Massachusetts Superior Court · Dec 8, 1994

“Clearly . . . ‘supplemental’ materials cannot sustain regulations where there is no evidence in the pre-enactment legislative record.” 11126 Baltimore Blvd. v. … While Stringi states he briefed some City Councillors about the proposed Ordinances, this hardly qualifies as evidence of the City Councillors deliberations or its reasons for enactment.

Mizhir v. Conservation Commission of Winchendon

19 Mass. L. Rptr. 721 · Massachusetts Superior Court · Aug 30, 2005

The Conservation Commission and the Department of Environmental Qualify Engineering (DEQE) have jurisdiction over the use of wetlands. 4 Corcoran v. … The Commission determined: [T]hat sufficient protection for the wetlands on the property had not been shown on the plan since it was clearly showed propose excavation within 100 feet of the wetlands.

Noveios Therapeutics, Inc. v. Kenmare Capital Partners, Ltd.

13 Mass. L. Rptr. 389 · Massachusetts Superior Court · Jun 29, 2001

Novellos was seeking capital to fund clinical trials of its first drug, which it described as “a chemically synthesized, biologically active compound . . . expected to capture a significant share of the . . . market for immune … Once the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts establishing the existence of a genuine issue of material fact.

Gray v. Michael Stapleton Associates, Ltd.

22 Mass. L. Rptr. 480 · Massachusetts Superior Court · May 7, 2007

“Although whether a particular set of acts, in their factual setting, is unfair or deceptive is a question of fact, the boundaries of what may qualify for consideration as a [G.L.] c. 93A violation is a question of law.” … These torts clearly support a c. 93A claim, and contrary to MSA’s assertions, rise to the level of an unfair and deceptive trade practice under the statute.

Jones v. Montachusetts Regional Transit Authority

District Court, D. Massachusetts · Mar 28, 2022

with qualified “Transportation Providers,” which are also referred to as “Vendors.” … The portal system assigns rides to the lowest cost qualified Vendor.

Guardianship of Ezekiel.

Massachusetts Appeals Court · Jun 26, 2026

The Court finds the petitioner has established sufficient evidence of [the m]other's unfitness to satisfy the necessary burden." … and consented to the maternal grandmother having guardianship of Ezekiel, and as addressed above, the mother waived the issue of unfitness. 5 "Upon hearing, if the court finds that a qualified

Albright v. Morton

321 F. Supp. 2d 130 · District Court, D. Massachusetts · May 28, 2004

First, I will compare it to statements falsely linking a plaintiff to racial, ethnic or religious groups, which plainly would not qualify as defamation per se today. … This actiori is not clearly stated in the complaint and plaintiffs do not address it in their opposition to defendants’ motion to dismiss.

Commonwealth v. Colihan

2 Mass. Supp. 250 · Massachusetts Superior Court · Feb 20, 1981

Throughout the evening, the light in the defendant’s apartment was dim but objects in the apartment were clearly discernible. … Both Reiser and Alexander agree that Detective Brady is a qualified forensic hypnologist.

United States v. Levasseur

699 F. Supp. 965 · District Court, D. Massachusetts · Mar 18, 1988

Likewise, since letter immunity is lawful in this Circuit, United States v. … New Hampshire, 403 U.S. 443 , 91 S.Ct. 2022 , 29 L.Ed. 2d 564 (1971) are clearly distinguishable from the instant case.