Case law

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.

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.

Truong v. Wong

55 Mass. App. Ct. 868 · Massachusetts Appeals Court · Sep 18, 2002

Every employer in the Commonwealth, with certain limited exceptions, is required to carry workers’ compensation insurance, unless self-insured or a member of a self-insurance group if so qualified. … L. c. 152 “given the absence of a statute establishing the measure of damages”).

Medmarc Casualty Insurance Company v. Harvard Bioscience, Inc. and Biostage, Inc.

Massachusetts Superior Court · May 18, 2022

And it defines an expanded access or named patient program to mean “any program that allows patients who do not qualify for clinical trials to access new medications [or medical devices] for treatment purposes” before they … What Medmarc did was to defend the underlying action for years, without any reservation of rights, which it presumably would not have done if the facts alleged in the underlying complaint did not clearly trigger Medmarc’s

Sullivan v. Liberty Mutual Insurance

444 Mass. 34 · Massachusetts Supreme Judicial Court · Apr 15, 2005

Some of the evidence on which Sullivan has relied is clearly inadmissible. See notes 8, 19, supra. We nevertheless conclude that Sullivan has established a prima facie case of sex discrimination. … As in all reductions in force, Liberty was forced to choose whom to terminate from among several presumably qualified attorneys.

Rosado v. Allen

482 F. Supp. 2d 94 · District Court, D. Massachusetts · Mar 30, 2007

“A state court decision is ‘contrary to’ clearly established federal law if it ‘applies a rule that contradicts the governing law set forth in [Supreme Court] cases.’ ” James v. … The state court has performed an “unreasonable application” of clearly established law if that court “ ‘identifies the correct governing legal principle from [Supreme Court] cases but unreasonably applies it to the facts’

Commissioner of Corporations & Taxation v. Filoon

310 Mass. 374 · Massachusetts Supreme Judicial Court · Dec 29, 1941

. *376 The burden of establishing that the taxpayer was entitled to abatement was upon him. Staples v. Commissioner of Corporations & Taxation, 305 Mass. 20, 26 . The facts were found by the Appellate Tax Board. … said “as to a restoration of those profits [accumulated prior to March 1, 1913] out of subsequent earnings if the former have been lost,” and that what “had been ‘ accumulated ’ prior to March 1, 1913, was obviously not immune

E. Retail Props., Inc. v. Greenfield Prop. Dev., LLC

92 Mass. App. Ct. 1110 · Massachusetts Appeals Court · Oct 23, 2017

The implied finding that the developer engaged in unfair or deceptive conduct is not clearly erroneous, and therefore must be upheld. 12 See Anthony's Pier Four, Inc . v. HBC Assocs ., 411 Mass. 451 , 476 (1991). … , either of market value, of established experience or by direct inferences from known facts."

McClure v. Secretary of the Commonwealth

436 Mass. 614 · Massachusetts Supreme Judicial Court · Apr 29, 2002

The plaintiffs’ plan is clearly well within what the Legislature viewed as an acceptable magnitude of deviation from population equality perfection, and there is no suggestion that the Legislature decided that territorial … I agree with the court’s opinion, ante at 626, that the plaintiffs have failed to establish their claim that the Legislature’s plan constitutes a partisan political gerrymander in violation of equal protection guarantees,

In Re Turner

80 B.R. 618 · United States Bankruptcy Court, D. Massachusetts · Dec 9, 1987

If the petitioners were to rely, as they clearly did, primarily upon their own claims on this question, they could hardly rely on claims for bad checks. … Additional Allegations in the Petition Turner argues that certain additional allegations in the petition were intentionally false, and that as such they establish petitioners’ bad faith.

Commonwealth v. Armstrong

Massachusetts Supreme Judicial Court · Jun 30, 2023

However, this framework is not specific enough to qualify as a validated method for this type of analysis. … The victim was last seen looking for the defendant, and subsequently picked up the defendant from a quick serve food establishment in his truck; a cup and receipt from the establishment were in the victim's home when the

Commonwealth v. Azar

435 Mass. 675 · Massachusetts Supreme Judicial Court · Jan 23, 2002

Paul Kleinman, who was qualified as an expert on child abuse. … Grey, supra at 470 n.l and 472 n.4, clearly and correctly defined the third prong of malice. Grey was decided more than two years before this case was tried.

Haas v. Spencer

30 Mass. L. Rptr. 623 · Massachusetts Superior Court · Dec 11, 2012

Cruz, the Massachusetts Superior Court determined that a prison official’s unauthorized opening of a prisoner’s privileged legal mail was “[s]uch an obvious violation of a clearly established right [that it] subjects [the … established right.” 1999 WL 35001126 (Super.Ct.

Boston's Children First v. City of Boston

62 F. Supp. 2d 247 · District Court, D. Massachusetts · Aug 10, 1999

[is] clearly a constitutionally permissible goal for an institution of education.”) … Lightfoot, 364 U.S. 339, 343-44 , 81 S.Ct. 125 , 5 L.Ed.2d 110 (1960), the court noted that “it is imperative that generalizations, based on and qualified by the concrete situations that gave rise to them, must not be applied

Hipsaver Co., Inc. v. JT Posey Co.

497 F. Supp. 2d 96 · District Court, D. Massachusetts · Jul 19, 2007

Posey argues that the Garwood advertisements do not qualify as comparative advertisements because they do not specifically identify HipSaver or its products. … (See 6/11/07 Tr. 56:23-25; 57:1-2) (“My representation, your Honor, as clearly as I can state it and unequivocally, the representation we are making is solely and exclusively based on data that was provided to the other side

Veolia Energy Bos., Inc. v. Bd. of Assessors of Bos.

483 Mass. 108 · Massachusetts Supreme Judicial Court · Sep 11, 2019

[were] to consume it were clearly a part of the apparatus necessary to be used by the corporation in order to accomplish the object for which it was established." … To the extent that the assessors suggest that Veolia cannot benefit from the exemption because some portions of the networks are owned or used by "non-manufacturing entities" that "do[ ] not qualify for Clause 16(3) treatment

In Re Relafen Antitrust Litigation

286 F. Supp. 2d 56 · District Court, D. Massachusetts · Oct 1, 2003

As Smithkline correctly points out, matters that are “stipulated, admitted without controversy, or determined by default leading to the entry of judgment” do not qualify for preclusive effect. … Clearly, Judge Lindsay determined that Smithkline had engaged in inequitable conduct to render the patent unenforceable, but the Federal Circuit did not reach that issue on appeal.

Global NAPS, Inc. v. Verizon New England, Inc.

447 F. Supp. 2d 39 · District Court, D. Massachusetts · Aug 18, 2006

However, even assuming that § 5.7.2.3 is ambiguous rather than clear, the DTE’s interpretation is not clearly erroneous, arbitrary or capricious. … After the parties asked this court to establish a briefing schedule, this court issued an order explaining why, in view of the complexity of this case, it felt obliged to retain it after remand.

Commonwealth v. Morrison

Massachusetts Appeals Court · Sep 11, 2023

Clearly, it must be some "means" or "way" already mentioned earlier in the sentence. Turning first to "that means," to what word or phrase earlier in the sentence does it refer? … To be sure, if the Legislature had intended the defendant's interpretation, it could have said so more clearly, by avoiding the word "thereby."