Case law

Commonwealth v. Silva

471 Mass. 610 · Massachusetts Supreme Judicial Court · Jun 11, 2015

As the Commonwealth points out, the opening statement of the prosecutor clearly reflected the Commonwealth's position that the defendant and Pimental acted together in committing the murder, as did the defendant's own … circumstances of the killing and injuries sustained by the victim are not consistent with anything other than intent to do grievous bodily harm or an  22 intent qualifying

Aero-Fastener, Inc. v. Sierracin Corp. (In Re Aero-Fastener, Inc.)

177 B.R. 120 · United States Bankruptcy Court, D. Massachusetts · Dec 30, 1994

Accordingly, Sierracin’s forbearance of going forward on its bulk attachment motion fails to qualify as contemporaneous “new value” for purposes of § 547(c)(1). … The Court finds that the exchange of goods contemplated between the parties under the Settlement Agreement was clearly supported by consideration as (1) there was clearly a bargained-for exchange between the parties, and

Harlan Laboratories, Inc. v. Campbell

900 F. Supp. 2d 99 · District Court, D. Massachusetts · Oct 25, 2012

Campbell’s job responsibilities as a regional manager at Harlan included managing sales representatives, establishing sales budgets, tracking sales progress, and managing the Salesforce database that contained all of Harlan … Campbell makes no argument that the company’s confidential information and business good will do not qualify as legitimate protectible interests. b.

Riley v. Decoulos (In Re American Bridge Products, Inc.)

328 B.R. 274 · United States Bankruptcy Court, D. Massachusetts · Jun 29, 2005

Corp., 547 F.2d at 3 (“a receiver who faithfully and carefully carries out the orders of his appointing judge must share the judge’s absolute immunity”), Decoulos *328 asserts, as a consequence, that he is immune from suit … The Court then engaged in the following discussion, clearly identifying the receivership as separate from the receiver personally.

JAGEX LIMITED v. Impulse Software

750 F. Supp. 2d 228 · District Court, D. Massachusetts · Aug 16, 2010

At one end of the spectrum are situations in which a defendant clearly does business in a foreign jurisdiction by entering into contracts with residents of that jurisdiction or by knowingly and repeatedly transmitting electronic … The defendants respond that the Runescape server does not qualify as a “protected computer” under section 1030 because 1) the website is available to anyone who accesses the internet and 2) players can download the game client

Garney v. Massachusetts Teachers' Retirement System

469 Mass. 384 · Massachusetts Supreme Judicial Court · Aug 18, 2014

Ct. at 119 n.5 ("not every off-duty illegal act qualifies" for forfeiture). See also Gaffney, 423 Mass. at 3 & n.3 (language of G. … If the Legislature desires a different result, it must state so clearly in amended legislation. See Retirement Bd. of Somerville v.

Ramsdell v. Choice Auto Centers, LLC

30 Mass. L. Rptr. 558 · Massachusetts Superior Court · Dec 24, 2012

The purpose of a motion to dismiss is to “permit [the] prompt resolution of a case where the allegations in the complaint clearly demonstrate that the plaintiffs claim is legally insufficient.” … To qualify, a decision must follow an “opportunity for presentation of evidence and argument substantially similar in form and scope to judicial proceedings.” DaLuz, 434 Mass. at 44 .

In re Finneran

455 Mass. 722 · Massachusetts Supreme Judicial Court · Jan 11, 2010

Although the respondent was subsequently dismissed as a defendant, 4 the plaintiffs sought to establish that he played a key role in developing the 2001 Redistricting Act and contributed to the redrawing of the boundaries … But these considerations, while clearly relevant to the question of criminal sentencing, do not generally qualify as the types of special mitigating circumstances, Matter of Driscoll, 447 Mass. at 688, that we have pointed

Murphy v. Nunes (In Re Terrific Seafoods, Inc.)

197 B.R. 724 · United States Bankruptcy Court, D. Massachusetts · Jul 2, 1996

Moreover, this course of conduct is clearly deliberate_” Id. at 999-1000 . DiSandro lied quite deliberately. … First, I find that the trustee did not establish Terrific’s insolvency.

Commonwealth v. Amirault

415 Mass. 112 · Massachusetts Supreme Judicial Court · May 4, 1993

I adhere to the view that our Legislature did not intend the 1979 "housekeeping" changes to § 28E to alter the long-established practice of allowing the Commonwealth to appeal from pretrial motions only. … Clearly, the Legislature did not intend any such result.

Gibson v. Soper

72 Mass. 279 · Massachusetts Supreme Judicial Court · Sep 15, 1856

This ruling was, we think, clearly right. The tenant produces and relies upon his deed. The demandant says, that deed is voidable in law, that is, it may be avoided unless it has been ratified or affirmed. … Nothing is more unsafe than to rely upon such remarks, taken from the connection and context by which their meaning is limited and qualified.

Buiaroski v. State Street Corporation

District Court, D. Massachusetts · Jul 23, 2024

The Plan is an employee welfare benefits plan under ERISA, 29 U.S.C. § 1002(1), established for the benefit of employees of State Street. Id. ¶¶ 3, 9. State Street is the Plan sponsor and the Plan administrator. … The Supreme Court has cautioned that while Section 514 preemption is “clearly expansive,” courts must nevertheless assume that ERISA does not supersede “‘the historic police powers of the States . . . unless that was the

Ainooson v. O'Gara

District Court, D. Massachusetts · Sep 30, 2024

. § 1983, an aggrieved individual may sue persons who, acting under color of state law, abridge rights, immunities, or privileges created by the Constitution or laws of the United States.”).13 Ainooson … Turning to the Medical Defendants first, the facts as pled, even when viewed in the light most favorable to Ainooson, do not allow for the plausible inference that “the attention [he] received [was] ‘so clearly inadequate

Conklin v. Perdue

15 Mass. L. Rptr. 283 · Massachusetts Superior Court · Sep 17, 2002

In 1993, the two then determined to join together and establish a consulting firm to advise businesses on strategic alliances. … This clearly was not a large project. Cyber House’s billings only totaled $4,800. But, as an example of CPI’s strained financial circumstances, even that amount was not fully paid.

Bennett v. SAINT-GOBAIN CORPORATION

453 F. Supp. 2d 314 · District Court, D. Massachusetts · Sep 29, 2006

She qualified her findings as subject to an examination of the original documents when they became available. 15 Wilk informed Mesher of these conclusions. … In addition, it is undisputed that after the filing of the grievance, Mesher signed a positive performance evaluation and approved a raise for Bennett, both of which are clearly inconsistent with the claim that he was motivated

Kumar v. BOARD OF TRUSTEES OF UNIVERSITY OF MASS.

566 F. Supp. 1299 · District Court, D. Massachusetts · Jul 1, 1983

s prima facie case in the context of a Title VII case involving the denial of tenure: (1) that the plaintiff is a member of a racial or national origin minority; (2) that the plaintiff was a candidate for tenure and was qualified … The Court of Appeals quoted with approval the district court’s explanation of the second element: [the plaintiff] need only show that he was sufficiently qualified to be among those persons from whom a selection, to some

United States Ex Rel. Averback v. Pastor Medical Associates P.C.

224 F. Supp. 2d 342 · District Court, D. Massachusetts · Sep 27, 2002

(2) to inform the Court of the prevailing rates in the community for similarly qualified attorneys. … Counsel, based on their performance here, clearly do not — a further indication of them apparent inexperience in bringing cases of this type.

Cambridge Street Realty, LLC v. Stewart

481 Mass. 121 · Massachusetts Supreme Judicial Court · Dec 20, 2018

Due to her low income, the tenant qualified to receive a Section 8 voucher administered by the Boston Housing Authority (BHA).3 The tenant and the landlord entered into a 3 "In the United States Department of … As discussed, a summary process eviction action is clearly a question at the core of the Housing Court statute and the relief that the court provides.

U.S. Trust v. American Travel, Inc.

4 Mass. L. Rptr. 310 · Massachusetts Superior Court · Sep 14, 1995

Instead “(i]t is enough to establish that persons acting for the [Town] were responsible for action or inaction which in fact constituted a violation.” United Factory Outlet, Inc. v. … No one has questioned the Town’s standing to seek shelter beneath a statutory umbrella clearly designed to protect a person in the position of Mr. Fay, not the Town. Had Mr.

Cruickshank v. George R. Roberts Co. (In re Bos. Grand Prix, LLC)

599 B.R. 448 · United States Bankruptcy Court, D. Massachusetts · May 10, 2019

Clearly during the Preference Period, communications from Roberts took on an urgency not seen prior.... … Mining Co. , which is consistent with those of the Seventh and Ninth Circuits, establishes that even a first time transaction can qualify for the exception. 798 F.3d at 989 .