Case law
Opinions from 1658 to today.
6,734 results
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Vargas v. Spirit Delivery & Distribution Services, Inc.
245 F. Supp. 3d 268 · District Court, D. Massachusetts · Mar 24, 2017
With respect to Prong 3, there are clearly material issues of fact as to whether during the course of his business relationship with Spirit Civil was capable of performing delivery services for non-Spirit customers. … I am also satisfied that Civil’s counsel has demonstrated that they are qualified, experienced and are also fully prepared to represent the class to the best of their abilities.
Cited 14 timesPublished16 Mass. L. Rptr. 691 · Massachusetts Superior Court · Aug 26, 2003
The Commonwealth also called Barbara Tucker (“Tucker”), a co-worker of Conkey’s who testified under an immunity agreement with the Commonwealth. … The motion must first establish a prima facie case for relief before discovery is available.”
Cited 0 timesPublishedNevada v. American Home Products Corp.
321 F. Supp. 2d 187 · District Court, D. Massachusetts · Jun 10, 2004
The Supreme Court has established three primary lines of doctrine on the question of the presumption against preemption. … No Actual Conflict Because the presumption against preemption applies, Defendants must show that there manifestly and clearly is an “actual conflict” between the state claims and the federal statute, Concannon, 249 F.3d at
Cited 1 timesPublishedIn re Macmackin Nominee Realty Trust
95 Mass. App. Ct. 144 · Massachusetts Appeals Court · Apr 10, 2019
Under the terms of his will, Stuart established a testamentary trust and devised to this trust the cottages and vacant lots. … "We do, of course, defer to a trial judge's findings of fact where he has had the opportunity to observe and evaluate witnesses," unless the findings are clearly erroneous. General Dynamics Corp . v.
Cited 2 timesPublished72 Mass. App. Ct. 589 · Massachusetts Appeals Court · Sep 12, 2008
As mentioned, many of his patients presented with psychiatric illnesses as well as substance abuse issues and qualified for benefits under the Medicare and Medicaid programs. … The tenant psychologist Greene, an immunized witness, was called by the Commonwealth.
Cited 8 timesPublishedCoby v. Fresenius Medical Care Holdings, Inc.
76 F. Supp. 3d 279 · District Court, D. Massachusetts · Jan 2, 2015
Indeed, although departure from a standard of care within the medical profession is not required to establish negligent design, some showing of negligence is clearly required. Cf . … A plaintiffs failure to establish any one of the essential elements of fraud is fatal to recovery.” Renaissance Leasing, LLC v. Vermeer Mfg. Co., 322 S.W.3d 112, 131-32 (Mo.2010).
Cited 8 timesPublished741 F. Supp. 306 · District Court, D. Massachusetts · Jul 11, 1990
Clearly, M.G.L. c. Ill, § 197 places the duty to remove the lead paint upon the new owner, not the vendor. … The rules and regulations clearly outline the situations in which lead-based paint must be removed. See 24 C.F.R. §§ 35.50 -.56.
Cited 8 timesPublished470 Mass. 133 · Massachusetts Supreme Judicial Court · Nov 21, 2014
The victim in this case was clearly killed as a result of multiple gunshot wounds. … The judge also concluded that the search warrant was supported by probable cause because the Commonwealth had established the informant Almeida’s basis of knowledge and veracity.
Cited 7 timesPublished46 Mass. App. Ct. 153 · Massachusetts Appeals Court · Jan 15, 1999
Sutton envisioned establishing a business enterprise to link local insurance companies. … At trial, the judge, following voir dire, excluded opinion evidence on value offered by one of Hanover’s witnesses, Theodore Rupley, because he was deemed not qualified, either as an expert or in his capacity as Hanover’s
Cited 87 timesPublishedDistrict Court, D. Massachusetts · Oct 15, 2019
That same day, Plaintiff’s daughter reported the door incident to the family’s attorney, expressed discomfort with being “implicated . . . as the culprits,” and stated that she and Plaintiff “[were] clearly targets of a … It is well-established in the First Circuit that the Ninth Amendment “does not create substantive rights beyond those conferred by governing law.” Martinez-Rivera v.
Cited 0 timesUnknown430 B.R. 26 · United States Bankruptcy Court, D. Massachusetts · May 28, 2010
Please ask us for our current Interest Rates and Margins. 21 As emphasized above, the interest rate was subject to a performance based rate reduction feature (the “Reduction Feature”) by which the Debtor would qualify for … I concur and conclude that as disclosure statutes, TILA and the CCCDA require any waiver of such claims to be clearly and conspicuously disclosed.
Cited 17 timesPublishedMassachusetts Appeals Court · Mar 25, 2026
The injunctions did not impact any teams from qualifying (or not qualifying) for the 2024 Statewide tournaments. … and duties in the contract. 12The plaintiffs argue that the judges were correct in allowing the preliminary injunction in view of one judge's finding that "the process for school sports schedule submission must be clearly
Cited 0 timesUnpublishedDenittis v. Educational Credit Management Corp. (In Re Denittis)
362 B.R. 57 · United States Bankruptcy Court, D. Massachusetts · Jan 18, 2007
She is qualified as a sign language interpreter but because of her symptoms is unable to perform this type of work. … While this Debtor does not rely upon the kindness of strangers, she clearly relies upon her parents and sister for financial assistance.
Cited 3 timesPublishedDistrict Court, D. Massachusetts · Sep 11, 2019
The term “qualified handicapped individual” is not defined, but Mass. Gen. L. c. 93, § 103 cross-references the definition of “handicap” in Mass. Gen. … immunity.
Cited 0 timesUnknown415 Mass. 465 · Massachusetts Supreme Judicial Court · Jun 9, 1993
If the testimony would not aid the jury because it was clearly within common knowledge, then it may be properly excluded. E.g., Thomas v. … The handling of sheetrock is not a matter clearly within common knowledge. The exclusion of the OSHA regulations and the expert's testimony was not harmless error.
Cited 23 timesPublished542 F. Supp. 2d 185 · District Court, D. Massachusetts · Apr 9, 2008
While, as will be seen, an uncorrected error if sufficiently egregious may conceivably constitute a due process violation, it cannot qualify as a wrongful “transfer or assignment” of Social Security benefits in violation … At the same time, delay without justification clearly falls outside of constitutional bounds. See Kraebel v. N.Y.
Cited 5 timesPublishedADOPTION OF FARRELL (And a Companion Case).
Massachusetts Appeals Court · Aug 8, 2024
We agree that the finding that he had a criminal history was clearly erroneous. … The mother's mental health conditions qualify her for Social Security disability income, which, around the time of trial, she supplemented with earnings from two supervisory retail positions.
Cited 0 timesUnpublished583 F. Supp. 1002 · District Court, D. Massachusetts · Apr 5, 1984
It qualifies as an “improved property” under the Cape Cod National Seashore Act (“the Act”). See 16 U.S.C. § 459b-3(d) (1974). … As one court has noted, a critical test of whether a rule is a general statement of policy is its practical effect in a subsequent administrative proceeding: a general statement of policy ... does not establish a binding
Cited 2 timesPublishedBank of America, N.A. v. Prestige Imports, Inc.
89 Mass. App. Ct. 741 · Massachusetts Appeals Court · Jul 20, 2016
"Upon appeal, we accept a trial judge's findings of fact unless they are 'clearly erroneous,' and do not review questions of fact if any reasonable view of the evidence and the rational inferences to be drawn therefrom … However, "an attorney must establish a substantive contractual or quantum meruit basis to recover fees from the client as a prerequisite to filing a lien [under G. L. c. 221, § 50]." Boswell v.
Cited 5 timesPublished316 B.R. 574 · United States Bankruptcy Court, D. Massachusetts · Oct 19, 2004
As previously noted, the WARN Act clearly requires that even when the faltering company defense applies, notice must be given as soon as is practicable. … Time is clearly of the essence.
Cited 22 timesPublished
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