Case law

Samuel Nichols, Inc. v. Beldekas

1988 Mass. App. Div. 105 · Massachusetts District Court, Appellate Division · Jul 7, 1988

If the Court believes the testimony of the witness, Dino Beldekas to the affect that he clearly explained to Michael Vallas and Nicholas Vallas and their attorney at their attorney’s office on the occasion when the Agreement … Moreover, the charge sought to be assessed against the buyer, Beldekas, is further qualified by the above-quoted typed sentence added to the printed form, namely that “the commission shall be otherwise paid by the seller.

Commonwealth v. Moore

52 Mass. App. Ct. 120 · Massachusetts Appeals Court · Jul 23, 2001

The judge qualified his question by informing the defendant that he did not have to make a decision until “before your counsel rests . . . .” … Here, the colloquy was not requested by defense counsel, but by not objecting to it, he clearly approved of the procedure. 6 After the defendant decided not to testify, the Commonwealth *125 then rested.

Gillette Co. v. Norelco Consumer Products Co.

69 F. Supp. 2d 246 · District Court, D. Massachusetts · Oct 6, 1999

Again, the commercial ends with an image of the Reflex Action accompanied by the visual tag line and qualifier. … It therefore has not established the meaning consumers extract from the commercials.

Cook v. Rumsfeld

429 F. Supp. 2d 385 · District Court, D. Massachusetts · Apr 24, 2006

This clearly is rationally related to the State’s objective. ... … I note that a bill has been introduced in the House of Representatives that would repeal § 654, establish a policy of non-discrimination based on sexual orientation, and require re-accession of otherwise qualified former

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

Layes v. RHP Properties, Inc.

Massachusetts Appeals Court · Aug 28, 2019

Regs. § 410.201 (2005) (establishing minimum temperature requirement of at least sixty- 34The Supreme Judicial Court has observed that § 14 "belongs to a body of statutes establishing tenants' remedies against landlords … Here, a class of 240 members is sufficiently numerous to qualify for class treatment.

Newly Wed Foods, Inc. v. Superior Nut Co.

26 Mass. L. Rptr. 602 · Massachusetts Superior Court · Feb 18, 2010

By 2003, failure to disclose that a product contained peanut fell within a well-established concept of unfairness within the food industry. … In 2001, the FDA recommended that all manufacturers clearly label all allergens contained in food products, including peanuts.

In re Bullard

475 B.R. 304 · United States Bankruptcy Court, D. Massachusetts · Jul 24, 2012

“To claim otherwise,” the Debtor urges, “would not only go against common sense, but also negate *307 the clearly defined provisions of 506(a) of the Bankruptcy Code.” 7 With this in mind, the Debtor submits that because … by the conjunctive “and,” 48 and that 1325(b)(5) expressly provides for curing defaults and maintaining payments “on any unsecured claim or secured claim,” 49 suggesting that the secured portion of an undersecured claim qualifies

Hagenah v. Berkshire County ARC, Inc.

District Court, D. Massachusetts · Feb 15, 2018

Plaintiff established good cause for filing the motion to amend three days beyond the date set by the scheduling order. … The law of this circuit "'clearly establishes that Rule 16(b)'s "good cause" standard, rather than Rule 15(a)'s "freely give[n]" standard, governs motions to amend filed after scheduling order deadlines'" have passed.

Butler v. Candlewood Road Partners, LLC (In re Raymond)

529 B.R. 455 · United States Bankruptcy Court, D. Massachusetts · Apr 17, 2015

We find no basis in the record to justify a conclusion that the court's finding was clearly erroneous. … He argues that he clearly has standing to pursue this claim because it falls within the discharge of his duties under section 704(a) of the Bankruptcy Code; that is, he is seeking to establish that the Great Neck Residence

AVX Corp. v. Cabot Corp.

600 F. Supp. 2d 286 · District Court, D. Massachusetts · Mar 5, 2009

The ineluctable conclusion from the clear law is that because the buyer’s state of mind is irrelevant, a plaintiff need not establish *291 coercion to succeed with its per se tying claim. … It is almost completely immune from chemical attack at temperatures below 150°C, and is permeable only by hydrofluoric acid, acidic solutions containing the fluoride ion, and free sulphur trioxide.

Finnegan v. Massachusetts College of Pharmacy and Health Sciences

District Court, D. Massachusetts · Nov 13, 2024

MCHPS contends that Finnegan cannot establish an ADA or Section 504 claim because (1) he was not a qualified individual within the meaning of the ADA and he was not dismissed solely for being disabled as required under … If a contract is established, the Court reviews the breach of contract claim by “examining the terms of the contract established between the college and the student and ask[ing] whether the reasonable expectations of the

Beaupre v. Cliff Smith & Associates

50 Mass. App. Ct. 480 · Massachusetts Appeals Court · Nov 16, 2000

Compaine was so qualified, a finding amply supported by his resume and experience, see Commonwealth v. … Given these authorities, we have no hesitation in stating that our law clearly rejects the defendants’ contention that Smith cannot be held individually liable under c. 15 IB for his active sexual harassment of the plaintiff

Guinan v. Famous Players-Lasky Corp.

267 Mass. 501 · Massachusetts Supreme Judicial Court · Jun 4, 1929

Expert witnesses, who were qualified as possessing peculiar skill and knowledge in chemical science not common to men in general, testified as to their opinions. It is plain that such testimony was admissible. … Doherty and Schaefer were asked by counsel for the railway company, subject to the defendant’s exception, if they knew that the interstate commerce commission had established regulations concerning transportation of film

Joseph M. v. Becker College

District Court, D. Massachusetts · Mar 31, 2021

In the context of a student excluded from an educational program, to prove a violation of either the ADA or Rehabilitation Act, the plaintiff must establish that: (1) he is disabled, (2) he is otherwise qualified to participate … Joseph has the burden to establish he is qualified.

Commonwealth v. Castano

Massachusetts Supreme Judicial Court · Oct 6, 2017

The motion judge ruled that the defendant's responses to these two sets of inquiries were admissible at trial under the public safety exception to the Miranda exclusionary rule, as first established in New York v. … Assuming such familiarity was required, this witness clearly possessed it, having test-fired over 1,000 weapons and having worked as a State police ballistician for over eight years. See Commonwealth v.

Commonwealth v. McCray

109 N.E.3d 1091 · Massachusetts Appeals Court · Aug 31, 2018

But it is not the case, as the defendant argues, that "such proof could be established only by evidence that Mr. … An examination of the defendant's conviction for kicking the victim may make the point more clearly.

Massachusetts Ass'n of Older Americans v. Commissioner of Insurance

393 Mass. 404 · Massachusetts Supreme Judicial Court · Nov 29, 1984

Clearly, no party disputes the demonstrated increase in the cost of prescription drugs. Rather, MAOA merely challenges Blue Cross and Blue Shield’s explanation of that increase. … There is no indication in the record that the commissioner intended to qualify that power in any way. *415 However, MAOA points out that G.

Furlong v. Donarumo (In Re Furlong)

450 B.R. 263 · District Court, D. Massachusetts · Apr 1, 2011

It is well-established that “abandonment presupposes knowledge.” Guaranty Residential Lending, Inc. v. Homestead Mortg. … Clearly, the Code does not require detail of this degree. Id. at *4 . Donarumo, however, points to two other cases that found debtors’ scheduling to be inadequate. In Tennyson v.

Deutsche Bank National Trust v. Moynihan

270 F. Supp. 3d 497 · District Court, D. Massachusetts · Sep 19, 2017

DBNTC asserts that its business rec-. ords satisfy the exception because the affidavits are not conclusory, clearly state how the business records were made, and aré trustworthy. (Docket Entry # 76, pp. 4-9). … Furthermore, “As for the requirement that the record-keeping process be attested to by a qualified witness, it is well established that the witness need not be the person who actually prepared the record.”