Case law

Commonwealth v. White

370 Mass. 703 · Massachusetts Supreme Judicial Court · Jul 30, 1976

Prior precedents in the Commonwealth have not spoken clearly to the particular point. Cf. Commonwealth v. Smith, 151 Mass. 491 (1890); Commonwealth v. Perry, 248 Mass. 19 (1924). … Under Rule 803 (24) of the Federal Rules of Evidence, which sets up what we have called an innominate category, it appears likely that such a condition would be imposed if the statements could possibly have qualified otherwise

D. Federico Co. v. New Bedford Redevelopment Authority (In Re D. Federico Co.)

8 B.R. 888 · United States Bankruptcy Court, D. Massachusetts · Feb 3, 1981

S-8 qualified as proper notice under M.G.L. Ch. 30, Section 39N, in that at best, it was not timely delivered to the Authority. … Moreover, it clearly establishes that Federico knew of the contract requirements and complied with them at lest on this portion of the North Terminal project.

UBS Financial Services, Inc. v. Aliberti

Massachusetts Supreme Judicial Court · Oct 22, 2019

Whereas ERISA frequently preempts State law actions with respect to qualified retirement plans, litigation concerning IRAs typically involves State law. … The amended counterclaim establishes that Aliberti is a proper plaintiff.

Kelley v. CVS Pharmacy, Inc.

23 Mass. L. Rptr. 87 · Massachusetts Superior Court · Aug 24, 2007

CVS Pharmacy, 436 Mass. 316, 320 (2002) (a pharmacy “clearly has the duty to fill prescriptions correctly”). … Yet, the mailing list that CVS used here is different, because it derives from its prescription files, not from, for instance, the application its customers fill out to obtain a CVS card in order to qualify for advertised

Commonwealth v. Santana

477 Mass. 610 · Massachusetts Supreme Judicial Court · Aug 17, 2017

the apartment, Cedeno heard them "screaming," hitting and threatening Castro, and demanding that he make a telephone call. 1 Norma Cedeno testified to the details of the attack at trial under a grant of immunity … "It is well established that a confession or an admission is admissible in evidence only if it is made voluntarily." Tremblay, 460 Mass. at 206.

Carpenter v. Fanaras (In Re Fanaras)

263 B.R. 655 · United States Bankruptcy Court, D. Massachusetts · Jun 25, 2001

Clearly, under these particular circumstances, the equities favored the innocent debtor who had no ability to exercise any control over the property for over two years insofar as the trustee’s role eliminated the debtor’s … For example, in Charlesbarik, the issue was whether a civil compensatory fine for violation of an injunction by the debtor qualified as an administrative expense under Chapter 11.

Adoption of Farhina.

Massachusetts Appeals Court · Jan 29, 2026

L. c. 119, § 26, a judge of the Juvenile Court terminated the father's parental rights to his child, Farhina.2 On appeal, the father argues that the evidence did not clearly and convincingly establish that he is currently … Christopher Rose, who was qualified as an expert in clinical psychology. Dr.

Essex County Sheriff's Department v. Essex County Correctional Officers Ass'n

27 Mass. L. Rptr. 487 · Massachusetts Superior Court · Dec 1, 2010

In approximately 2001, ECCOA established a website. In 2003, Thompson was elected as ECCOA’s Recording Secretary and began to serve as the administrator of the website. … An arbitrator cannot direct a person to act in violation of the law and thereby immunize that person from the consequences of his illegal conduct. Adam Assoc., Inc., 22 Mass. L. Rptr. at 391 .

Diomed, Inc. v. AngioDynamics, Inc.

450 F. Supp. 2d 130 · District Court, D. Massachusetts · Aug 30, 2006

Navarro’s opinion qualifies as a sufficient substitute for an expert report. Whether Dr. Navarro was “retained” as an expert witness by Diomed is debatable. … Navarro’s services under that agreement do not, in themselves, establish him as a retained expert, there is a sustainable argument that Dr. Navarro qualifies as a retained expert under the circumstances of this case.

Strahan v. Linnon

967 F. Supp. 581 · District Court, D. Massachusetts · May 20, 1997

A discovery and briefing schedule was established. … This is clearly the language of discretion.

Abramian v. President & Fellows of Harvard College

9 Mass. L. Rptr. 556 · Massachusetts Superior Court · Dec 10, 1998

WEIGHT OF THE EVIDENCE Defendants’ next argument is that the verdict was clearly against the weight of the evidence. … He may meet that burden by establishing an unanswered prima facie case of discrimination.

Attorney Gen. v. ADMIN. JUSTICE, BOSTON MUN. CT. DEPT.

384 Mass. 511 · Massachusetts Supreme Judicial Court · Oct 26, 1981

Section 92 (adding G.L.c. 185C) of the Act established the Housing Court Department of the Trial Court, consisting of the City of Boston Division and the Hampden County Division. … Although we draw support from these cases, we continue to rely on, and to be guided by, art. 63's history and language which clearly manifest the framers' intent to strike a balance between the exercise of legislative and

Tavares v. Barnstable County Commissioners

District Court, D. Massachusetts · Mar 5, 2018

“It is well-established that ‘only those individuals who participated in the conduct that deprived the plaintiff of his rights can be held liable.’” Velez-Rivera v. … To qualify for appointment of counsel, a party must be indigent and exceptional circumstances must exist such that the denial of counsel will result in fundamental unfairness impinging on the party’s due process rights

Spencer v. Civil Service Commission

479 Mass. 210 · Massachusetts Supreme Judicial Court · Mar 27, 2018

Nor has Spencer established that his resignation was made "in reasonable reliance on misinformation received from  21 his employer." … Spencer contends that this constituted a finding of fact that was both clearly erroneous and unsupported by substantial evidence. We disagree.

Com. of Mass. v. Bowen

679 F. Supp. 137 · District Court, D. Massachusetts · Mar 3, 1988

This clearly is not the case. … This clearly runs counter to congressional policy favoring coordination and integration of health care programs. It will be enjoined, d.

Leslie v. Boston Software Collaborative, Inc.

14 Mass. L. Rptr. 379 · Massachusetts Superior Court · Feb 12, 2002

The Court found that while the expert was fully qualified, his testimony was of only moderate assistance because, mostly, what he did was examine information from outside website data bases, particularly that of an entity … Clearly, there was no demonstrated need to force him off the board of directors and thereby cut off his access and knowledge about the day-to-day affairs of the company.

Riley v. Metropolitan Life Insurance

971 F. Supp. 2d 186 · District Court, D. Massachusetts · Sep 11, 2013

As relevant here, the court concluded that an underpayment can qualify as a repudiation because a plan’s determination that a beneficiary receive less than his full entitlement is effectively a partial denial of benefits. … To justify tolling, Riley must “establish that extraordinary circumstances beyond his control prevented a timely filing.” Ortega Candelaria v.

Perez v. Boston Housing Authority

379 Mass. 703 · Massachusetts Supreme Judicial Court · Feb 4, 1980

In doing so we apply the rule that findings of fact made by the judge below are to be accepted by us unless clearly erroneous, Mass, R. Civ. … BHA’s Liability Established.

Matthews v. Ocean Spray Cranberries, Inc.

5 Mass. L. Rptr. 202 · Massachusetts Superior Court · Apr 15, 1996

acceptable level, that he was nonetheless terminated, and that the employer sought to fill his former position with a similarly qualified individual. … Moreover, Ocean Spray was warranted in taking into account the degree to which the time card completion policies versus theft policies had been clearly established and promulgated at the times of these employee’s respective

United States v. Luisi

568 F. Supp. 2d 106 · District Court, D. Massachusetts · Jul 25, 2008

Because of the principle established in The William , citizens across the country can walk into a federal district court, claim their right to a jury trial, regardless of whether they claim a right to recovery on some clearly … established legal theory.