Case law

Bank 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.

Matthews v. Massachusetts Nat. Bank

16 F. Cas. 1113 · U.S. Circuit Court for the District of Massachusetts · Sep 3, 1874

The signature is given for the purpose of transferring title; and whenever the blank is filled, a contract of sale is established between the party who *1119 lias signed the blank assignment and the person whose name is rightfully … conferred upon Coe were not expressed on the face of the instrument, but remained in confidence between the bank and Coe, the case is not distinguishable in principle from that of an agent who receives secret instructions qualifying

In Re Organogenesis Inc.

316 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.

Commonwealth v. Wardsworth

482 Mass. 454 · Massachusetts Supreme Judicial Court · Jun 19, 2019

As the prosecutor *674 urged in closing, "Clearly, ... Daughtry wanted to distance himself from the defendant." … We note first that Merced was properly qualified as an expert. See Mass. G.

Commonwealth v. Williams

481 Mass. 443 · Massachusetts Supreme Judicial Court · Feb 13, 2019

However, we do not consider the arguments for structural error waived because the defendant makes clear that he is analogizing to two well-established types of structural error -- denied peremptory challenges and Soares violations … But the record does not clearly identify which question the judge was referring to when he said that the prospective juror "hesitated quite a bit" and "really struggled with it."

Commonwealth v. Ellis

432 Mass. 746 · Massachusetts Supreme Judicial Court · Dec 6, 2000

In her testimony at each of the three trials, her estimates were imprecise, and most were qualified by words such as “guessing,” “[rjoughly,” and “[sjomewhere around there.” … Defense counsel established that Sanchez had identified two different photographs as her stalker (one at the police station, another at the suppression hearing).

Anderson v. Stringham

District Court, D. Massachusetts · Sep 30, 2025

Anderson filed a complaint in Land Court against Gemme to establish his right to access the Property via the Lane. [Id. ¶ 118]. … to qualified immunity.

Commonwealth v. Vitello

367 Mass. 224 · Massachusetts Supreme Judicial Court · Apr 1, 1975

Nash was not sufficiently qualified as an expert in spectrogram comparison analysis. … In order to ensure centralization, the lines of responsibility must be clearly drawn.

Massachusetts Institute of Technology v. Harman International Industries Inc.

530 F. Supp. 2d 369 · District Court, D. Massachusetts · Dec 26, 2007

Datapoint Corp., 908 F.2d 931, 940 (Fed.Cir.1990) (no inequitable conduct where applicant did not disclose a device which would not qualify as prior art: the device was therefore “not material to patentability” and “[ajbsent … As detailed above, the facts relating to these dates are clearly disputed.

Lacoille v. Dulong

1984 Mass. App. Div. 270 · Massachusetts District Court, Appellate Division · Dec 20, 1984

However, the majority of courts agree that the “as is” clause alone does not confer a general immunity from liability for fraud. See, e.g., Lingsch v. Savage, 213 Cal. App. 729 , 29 Cal. Rptr. 201 § 8 ALR 3d 537 (1963). … Such a result creates the dilemma of dual agency, for the broker and/or cooperating broker, who clearly have fiduciary duties to the seller, is held to have fiduciary obligations to the buyer as well.

McGrath v. Tavares

889 F. Supp. 2d 157 · District Court, D. Massachusetts · May 4, 2012

Rule 56 “mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s … immunity defense, since it has been determined that the use of force was objectively reasonable.

Commonwealth v. Cinelli

32 Mass. L. Rptr. 193 · Massachusetts Superior Court · Apr 16, 2014

Arruda, 73 Mass.App.Ct. 901, 904 (2008) (‘The State action requirement of art. 12 is well established. It is governmental, not private, compulsion that is prohibited”). … Stenhach, 356 Pa.Super. 5,16 , 514 A.2d 114, 119 (1986), app. denied, 517 Pa. 589 , 534 A.2d 769 (1987); Restatement (Third) of the Law Governing Lawyers, §119. *197 For qualified or contrary views, see Hitch v.

Commonwealth v. Knowles

92 Mass. App. Ct. 617 · Massachusetts Appeals Court · Nov 3, 2017

He then "stood up under his own power" and began to speak clearly to the officers, asking them why he was being handcuffed. … The statements did not qualify as *624 prior inconsistent statements because the witness denied having made them, and no competent witness was available to prove them as extrinsic evidence. See Mass. G.

Earle v. De Witt

88 Mass. 520 · Massachusetts Supreme Judicial Court · Oct 15, 1863

The contract, the payment of the money, the mistake and its materiality and controlling influence, and the failure of consideration, are all clearly established. … It is also recognized as the established law in the case of Kerr v. Kitchen, 7 Barr, 486. And in Dorsey v.

DeProfio v. Waltham Housing Authority

22 Mass. L. Rptr. 677 · Massachusetts Superior Court · Jul 17, 2007

Clearly, WHA violated its own written commitment by its action. 4. Summary. … Since I conclude the plaintiff has established her claims of violation of federal law under §1983, and since the relief to which she is entitled does not appear to be different under her other claims, I do not reach those

Attorney General v. Commissioner of Insurance

442 Mass. 793 · Massachusetts Supreme Judicial Court · Nov 16, 2004

[W]e decline the bureau’s clearly implied invitation to compare both models in light of all the evidence and to select the one we decide is better. … Set against the Attorney General’s extensive evidence on this issue, 16 Scott’s opinions hardly qualify as “substantial evidence” supporting the commissioner’s decision, a decision which is apparently premised on a finding

Silva v. Rent-A-Center, Inc.

454 Mass. 667 · Massachusetts Supreme Judicial Court · Sep 10, 2009

Under that original definition, a bona fide lease terminable at the option of the consumer, such as Costa’s agreement, would not qualify as an “installment sale agreement.” … For a lease to qualify as a “retail installment sale agreement” it must satisfy both definitional requirements.

Clements v. Clarke

635 F. Supp. 2d 26 · District Court, D. Massachusetts · Mar 31, 2009

established Federal law, as determined by the Supreme Court of the United States ...” or “resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State … The SJC’s discussion was focused entirely on the state law claim that the grand jury testimony did not qualify for admission under Daye’s admissibility requirements (availability for cross-examination, lack of coercion, and

United States v. Ferber

966 F. Supp. 90 · District Court, D. Massachusetts · Mar 14, 1997

This particular E-mail message thus did not qualify as a business record pursuant to Fed.R.Evid. 803(6). … The Court stated that “[i]n defining an ‘unlawful activity,’ Congress has clearly stated its intention to include violations of state as well as federal bribery law.” Id.

In the Matter of Carson

6 Mass. App. Ct. 665 · Massachusetts Appeals Court · Nov 16, 1978

In the circumstances we give due weight to the findings of the judge, which will not be reversed unless clearly erroneous; but we may find facts in addition to those found by him. Steranko v. Inforex, Inc., 5 Mass. App. … The term "best interests" of the child does not mean that two sets of parents are compared to determine which is "better" qualified economically, morally, intellectually, etc., to raise the child. Id. at 639-640 .