Case law

Rass Corporation v. The Travelers Companies, Inc.

Massachusetts Appeals Court · Nov 10, 2016

To establish waiver, Rass must demonstrate that the payment amounted to the intentional relinquishment of a known right. See Rotundi v. … Butler, 424 Mass. 413, 420 (1997) (judge's c. 93A findings will not be disturbed unless clearly erroneous). c.

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.

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.”

Gram v. Liberty Mutual Insurance

391 Mass. 333 · Massachusetts Supreme Judicial Court · Mar 6, 1984

employer as the result of such an employee’s discharge, we concluded that “the obligation of good faith and fair dealing imposed on an employer requires that the employer be liable for the loss of compensation that is so clearly … The court now seems to qualify this prior ruling by stating that “because we exclude the effects of endorsements in measuring the renewal commissions recoverable, the portion of Gram’s time reasonably expected to be devoted

Doyle v. Shubs

717 F. Supp. 946 · District Court, D. Massachusetts · Jul 12, 1989

Doyle's condition and the performance of the 1980 hysterectomy were clearly sufficient to put a “reasonably prudent person” in her position on notice of that connection. Moreover, Ms. … Whether this course of conduct by counsel comes within the “degree of care and skill of the average qualified practitioner” in Massachusetts, Fishman v. Brooks, 396 Mass. 643, 646 , 487 N.E.2d 1377 (1986); Pongonis v.

Loyal Protective Life Insurance v. Massachusetts Indemnity & Life Insurance

362 Mass. 484 · Massachusetts Supreme Judicial Court · Sep 18, 1972

They argue that this provision clearly indicates that the acquiring party may be a “controlled” corporation. … It is well established that “[cjourts of equity, in certain cases under . . . [their] general powers, allow counsel fees. Frost v. Belmont, 6 Allen, 152 . Brown v. Corey, 134 Mass. 249, 251 .” Sears v.

Somes v. Skinner

20 Mass. 52 · Massachusetts Supreme Judicial Court · Jul 11, 1825

We have labored much to come to the conclusion contended for by the demandant’s counsel, as the equity of the case is clearly on that side, so far as we can judge from the conveyances, but we find ourselves met at every step … It would be but a feeble title which would not enable the holder to defend his possession against trespassers, or those who should attempt to disseise him after his title is established.

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.

Morris v. Boston Edison Co.

942 F. Supp. 65 · District Court, D. Massachusetts · Oct 7, 1996

City of Topeka, 884 F.Supp. 1494, 1503 (D.Kan.1995) (“An informal complaint to management qualifies as protected activity.”) … Worcester Foundation, 545 F.2d 222 (1 Cir.1976), the court stated that “... section 704(a) 12 clearly does protect an employee against discharge for filing complaints in good faith before federal and state agencies and for

In Re Rodrigues

370 B.R. 467 · United States Bankruptcy Court, D. Massachusetts · Jul 5, 2007

(ERISA qualified),” which he valued at $-0-, as well as an “IRA with Fidelity,” which he valued at $11,501.00. … Long revealed that “[i]n spite of the well known and clearly understood law in this area, the Suffolk *475 Probate Court ... improperly reopened the ease” and discharged,the attachment.

Glazer Const. Co., Inc. v. United States

50 F. Supp. 2d 85 · District Court, D. Massachusetts · May 25, 1999

Because there was clearly a BAA violation in this case, debarment was the only appropriate result. … For ex *92 ample, by adding $180.00 of labor to one steel component’s value ($51.93), Glazer concluded that the manufactured steel qualified as “domestic construction material.”

Lynch v. King

550 F. Supp. 325 · District Court, D. Massachusetts · Sep 20, 1982

The requirements imposed on the Commonwealth by 42 U.S.C. §§ 671 (a)(16) and 675(1), (5)(B) are spelled out rather clearly in sections 675(1), (5)(B). … The case review requirements are clearly defined.

Navy Yard Four Associates, LLC v. Department of Environmental Protection

88 Mass. App. Ct. 213 · Massachusetts Appeals Court · Sep 4, 2015

Here, the text of the Waterways Act clearly states that tidelands are "present and former submerged lands and tidal flats lying below the mean high water mark." G. L. c. 91, § 1. … During the time the BRA owned the property, from 1979 until 2005, the property's tidelands qualified as "Commonwealth tidelands" due simply to the BRA's ownership.

Zabin v. Picciotto

73 Mass. App. Ct. 141 · Massachusetts Appeals Court · Nov 18, 2008

The judge was clearly within his discretion in ordering Stefano to consent to the release of the requested documents. … Without support in the record, they cannot establish error or prejudice.

Financial Freedom Acquisition, LLC v. Laroche

32 Mass. L. Rptr. 540 · Massachusetts Superior Court · Jan 5, 2015

A Massachusetts federal court stated that, to qualify for a HECM loan, one must meet the criteria established by the HUD regulations. See Lustgarten, 2011 WL 1233232 at *2. … In short, this is clearly a situation where [plaintiff] bore the risk of the mistake”).

Alicea v. Suffield Poultry, Inc.

711 F. Supp. 48 · District Court, D. Massachusetts · Apr 17, 1989

The only person qualified to interpret this Agreement on behalf of the Union shall be the Business Agent of the Union. ARTICLE 8 — WORK INTERRUPTION —STRIKES AND LOCKOUTS, ETC.: Section 1. … Sipes, in essence, created two exceptions to the exhaustion requirement established in Republic Steel [Corp. v.

Confederate Motors, Inc. v. Terny

859 F. Supp. 2d 181 · District Court, D. Massachusetts · Apr 19, 2012

A fair reading of the Complaint establishes that it is based in large part on actions which Terny took in his role as a director. … Thus, there is clearly a nexus between Terny’s role as a director and the claims raised by Confederate in Counts I, II, TV and VII of the Complaint.

Schwan's Sales Enterprises, Inc. v. Commerce Bank & Trust Co.

397 F. Supp. 2d 189 · District Court, D. Massachusetts · Sep 20, 2005

The Borrowing Base was defined as 80% of the unpaid amount of “Qualified Accounts,” as defined in the Agreement, plus 60% of “Qualified Prebilled Accounts,” as defined in the Agreement. … This was clearly related to the bank’s legitimate corporate interest. See Shea, 425 Mass. at 764 , 682 N.E.2d 1348 . Plaintiff therefore cannot establish the fourth element of the tortious interference claim.

Bose Corp. v. JBL, Inc.

112 F. Supp. 2d 138 · District Court, D. Massachusetts · Aug 31, 2000

But since neither Townshend nor Davies was sure of the structure of the port in Davies’ speakers at that time, it was not clearly established which version of the Glastonbury II Townshend was trying to sell to Roberts. … First, JBL continued to sell clearly infringing products after receiving notice of the issuance of the patent.

United States v. Michael Schiavone & Sons, Inc.

304 F. Supp. 773 · District Court, D. Massachusetts · Jun 30, 1969

. § 41 (3), these facts clearly appear. Both parties knew the premises conveyed were in better physical condition than when defendant, as lessee, undertook to improve them. … Both parties offered the opinions of qualified witnesses on the issue of fair market value, and there was also evidence of the selling prices of other parcels on the Boston water front.