Case law

Doucette v. Jacobs

District Court, D. Massachusetts · Jul 12, 2022

While she was clearly frustrated and unhappy with the ESY program and B.D.’s progress, or lack thereof, Ms. … Moreover, the statute does not allow recovery 28 In light of this ruling the court declines to address the other arguments raised by the defendants, including, without limitation, qualified immunity and statute of limitations

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.

Mitchell v. Wells Fargo Bank, N.A. (In re Mitchell)

476 B.R. 33 · United States Bankruptcy Court, D. Massachusetts · Jul 20, 2012

set forth by the First Circuit in Rodriguez, 57 F.3d at 1172 , Wells Fargo cannot be exposed to each and every sundry argument set forth by the Mitchells in their pleadings and can only be subjected to claims which are clearly … I find that Wells Fargo lacked sufficient opportunity to respond to this claim when it was not set forth clearly in the Mitchells’ complaint and was raised only superficially by them on the last page of their Rule 56(d) motion

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.

Commonwealth v. DiMarzo

364 Mass. 669 · Massachusetts Supreme Judicial Court · Feb 28, 1974

New York, 370 U.S. 139, 143 (1962), that "to say that a public jail is the equivalent of a man's `house' or that it is a place where he can claim constitutional immunity from search or seizure of his person, his papers, or … More important, I conclude that it has apparently been established that there is no error under the United States Constitution in the admission of such evidence. Spencer v.

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.

Oberlies v. Attorney General

479 Mass. 823 · Massachusetts Supreme Judicial Court · Jun 18, 2018

In September, 2017, the Attorney General certified that Initiative Petition 17-07 is in proper form for submission to the people; that it is not substantially the same as any measure qualified for submission to the people … Additionally, "[t]he two subjects in this petition are clearly not 'mutually dependent.' In fact, the opposite seems true."

City of Boston v. Massachusetts Gaming Commission

33 Mass. L. Rptr. 247 · Massachusetts Superior Court · Dec 3, 2015

fraud or perjury; b) has submitted a false or misleading application; c) has engaged in a pattern of misconduct that makes the applicant unsuitable for a license; or d) has affiliates or close associates that would not qualify … Beyond those provisions, however, the Act quite clearly limits the *253 class of individuals or entities that can complain of the Commission’s actions, expressly curtailing if not outright precluding any judicial review as

Commonwealth v. Alves

Massachusetts Appeals Court · Nov 20, 2019

We held that the juror did  12 not demonstrate bias and that he was qualified to serve. See id. at 650. … Following the hearing, the judge concluded that the defendant had not met his burden of establishing a prima facie case of jury underrepresentation and

Mendes v. WinnCompanies LLC

District Court, D. Massachusetts · Dec 14, 2023

These actions were clearly related to Kuppens’ position as plaintiff’s supervisor and taken in furtherance of their employer’s interest. … In addition to establishing that she is handicapped, plaintiff must establish that she was a “qualified handicapped person”—that is, that she was “capable of performing the essential functions of the position involved with

City of Quincy v. Massachusetts Water Resources Authority

2 Mass. L. Rptr. 540 · Massachusetts Superior Court · Aug 10, 1994

In particular, § 1(b) (iii) states that one goal is the “establishment and administration of equitable charges, consistent with the objectives of this act to conserve water and improve the qualify of the environment...” … Plaintiffs argue that they are entitled to summary judgment because the MWRA clearly did not comply with the provisions of c. 372.

Doe, SORB No. 22164 v. Sex Offender Registry Board

Massachusetts Appeals Court · Sep 28, 2023

As we have noted, "the bar for showing changed circumstances is 'very low' and . . . the mere passage of time generally qualifies." See Doe, Sex Offender Registry Bd. No. 6969 v. … The first is that Doe has not met his burden of establishing what in fact occurred here.

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”).

Diaz v. Devlin

District Court, D. Massachusetts · Apr 3, 2018

“The party seeking work product protection has the burden of establishing its applicability.” In re Grand Jury Subpoena, 220 F.R.D. at 140. … Ordinary work product receives only qualified protection.

Commonwealth v. Dabrieo

370 Mass. 728 · Massachusetts Supreme Judicial Court · Aug 3, 1976

There clearly was sufficient evidence for submission of the case to the jury on the issue of the defendant’s guilt. … The motion judge found that the period of seven months from approximately February, 1973, to August, 1973, was attributable to the Commonwealth and was due in large measure to a heavy caseload and shortage of qualified personnel

Perkins v. Alves

District Court, D. Massachusetts · Aug 14, 2023

Under this standard, courts in the First Circuit consider whether there is “any ‘clearly established’ Supreme Court precedent” contrary to the evidentiary ruling below. Gomes, 958 F.3d at 25. … Thus, their admission did not violate clearly established Supreme Court law under Crawford.

GINA M. FERRINI, as Personal Representative of the Estate of PETER F. MONSINI v. HYM INVESTMENT, GROUP, LLC, BULFINCH UNIT a OWNER, LLC, GZA GEOENVIRONMENTAL, INC., And

Massachusetts Supreme Judicial Court · Mar 27, 2025

[w]hen plaintiffs seek punitive damages, however, a majority of federal courts permit pretrial discovery of financial information about the defendant without requiring plaintiff to establish a prima facie case on the issue … Federal tax returns, in turn, are subject to a qualified privilege, and Plaintiff has not shown the requisite substantial need for such records. See Town Taxi, Inc. v.

DiMare v. RealtyTrac, Inc.

714 F. Supp. 2d 199 · District Court, D. Massachusetts · Mar 25, 2010

Accordingly, plaintiff cannot establish the elements of a claim for negligent infliction of emotional distress. C. … The third count, which is labeled "injunction,” is clearly a prayer for relief, not a theory of recovery. 2 . Available at RealtyTrac’s "About Us” web page, http://www.realtytrac.com/company/ backgrounder.html. 3 .

Hawley v. Preferred Mutual Insurance Co.

88 Mass. App. Ct. 360 · Massachusetts Appeals Court · Sep 16, 2015

"We accept the judge's findings in a bench trial unless they are clearly erroneous." Weiler v. PortfolioScope, Inc., 469 Mass. 75, 81 (2014), quoting from Makrigiannis v. … Ct. 617, 625 (2000) (citation omitted), that when we determine what qualifies as a reasonable amount of time for commencing a suit, we look at the "facts and circumstances of each particular case," the Hawleys argue that

Miller

71 Mass. App. Ct. 625 · Massachusetts Appeals Court · Apr 30, 2008

The jury were clearly instructed that “[t]he petitioner need not prove that he is no longer a sexually dangerous person.” … Both Kelso and Pierce are qualified examiners, as designated by G. L. c. 123A.