Case law

Vittands v. Sudduth

49 Mass. App. Ct. 401 · Massachusetts Appeals Court · Jun 15, 2000

The judge denied the neighbors’ special motion to dismiss, holding that Sudduth had met her statutory burden of establishing that the neighbors’ complaint was devoid of factual or legal merit. … L. c. 231, § 59H, which was enacted in 1994, was designed to immunize parties from claims based on their petitioning activities by allowing a party to file a special motion to dismiss.

Dixon v. Wells Fargo Bank, N.A.

798 F. Supp. 2d 336 · District Court, D. Massachusetts · Jul 22, 2011

If so, then it presumptively is preempted, rebuttable only if the law clearly is shown to fit within the purview of paragraph (c). Id. … That the exact contours of the promise were not clearly defined by the TPP was not a bar to letting these claims for promissory estoppel go forward.

Commonwealth v. Swain

36 Mass. App. Ct. 433 · Massachusetts Appeals Court · May 2, 1994

Johnson, supra at 215 , no absolute time limits for such testimony have been established. Commonwealth v. Dockham, supra at 625 . … Notwithstanding the theoretical right of a qualified fresh complaint witness also to testify to the general characteristics of sexually abused children, Commonwealth v. O’Brien, 35 Mass. App.

Bostwick v. 44 CHESTNUT STREET, WAKEFIELD, MASS

District Court, D. Massachusetts · Mar 27, 2019

“Dismissal under res judicata, however, can only occur where the facts that establish the defense are conclusive and definitively ascertainable from 1) the allegations of the complaint, 2) the documents (if any) … First, the requested relief of this Court exercising “supervisory jurisdiction” over the Superior Court would clearly interfere with the ongoing 2015 Action in the Superior Court. See [Compl. ¶¶ 131.7, 131.8].

United States v. Tobins

483 F. Supp. 2d 68 · District Court, D. Massachusetts · Mar 2, 2007

Therefore, according to the Government, “leaving the summons and complaint at the defendant’s last known address in Massachusetts clearly would qualify as personal service. … In the instant case, the Government has established that it has acted diligently in attempting to effect service upon Mr. Tobins.

First National Bank of Boston v. Attorney General

362 Mass. 570 · Massachusetts Supreme Judicial Court · Nov 9, 1972

An analysis of the Legislature's intent in passing this amendment clearly indicates that such a construction is unreasonable. … A corporation, we have held, is not a `citizen' within the meaning of the privileges and immunities clause. Paul v. Virginia, 8 Wall. 168 .

Van Arnam v. General Services Administration

332 F. Supp. 2d 376 · District Court, D. Massachusetts · Aug 27, 2004

The party invoking the mootness doctrine (here, GSA) “bears a ‘heavy’ burden in attempting to establish its applicability.” Conservation Law Found, v. … "desktop publisher” in 1999 and "executive secretary” in 2000' — earned an income that, while well above poverty, was sufficiently modest that in the rather expensive Boston area, even as a single person, she could have qualified

Haverty v. Commissioner of Correction

437 Mass. 737 · Massachusetts Supreme Judicial Court · Oct 10, 2002

Commissioner of Correction, 390 Mass. 425, 429-430 (1983) (prison administrators “may not abuse their discretion ... by using awaiting action status as a means to accomplish an unlimited punishment immune to the procedures … It is undisputed that prisoners housed in the East Wing are neither given a release date from segregated confinement, nor are they told what behavior will qualify them for placement in the West Wing, or what behavioral modifications

D. Federico Co. v. New Bedford Redevelopment Authority (In Re D. Federico Co.)

16 B.R. 282 · United States Bankruptcy Court, D. Massachusetts · Dec 29, 1981

I find that enough of the pier was in place in the Spring of 1974 to put a prudent and qualified engineer on notice that the wharf walls were not constructed simply of stone on timber cribbing, that the east end *288 of the … Furthermore, the evidence introduced at the trial clearly revealed that these alleged defects were not discovered within the year.

In the Matter of Hiss

368 Mass. 447 · Massachusetts Supreme Judicial Court · Aug 5, 1975

The position of the Bar Counsel presupposes that certain disbarred attorneys, guilty of particularly heinous offenses against the judicial system, are incapable of meaningful reform which would qualify them to be attorneys … The board wrote: “When the disbarment is wholly based upon the conviction of the petitioner of an offense which is clearly a ‘serious crime’ (perjury), which conviction has not been reversed, and the petitioner has not been

United States v. 59.88 Acres of Land, More or Less, Situated in Eastham

734 F. Supp. 555 · District Court, D. Massachusetts · Apr 4, 1990

Furthermore, in light of the fact that petitioners did nothing for six years, the illness and death of Attorney Henson does not qualify as a reason justifying relief from judgment for these petitioners. … Meservey clearly had notice of the proceedings and of final judgment because she appeared in the action on February 4, 1976, less than one year after entry of judgment.

Saffie v. Audy

13 Mass. L. Rptr. 35 · Massachusetts Superior Court · Mar 14, 2001

Finally, there also is no dispute that the operation of an automobile repair facility at 63 Winthrop Street in Lawrence qualifies as a preexisting, nonconforming use under the Ordinance. 2 2. … Clearly, the use of the locus as a used car lot represents a “change” from the preexisting use of the property as an automobile repair facility.

Boston & Maine Corp. v. United Transportation Union Sheetmetal Workers International Ass'n

110 F.R.D. 322 · District Court, D. Massachusetts · May 5, 1986

It is clearly established that: [A] party need not assert a counterclaim that has not matured at the time he serves his pleading. … On May 2, 1986, this representation was qualified by an affidavit indicating that the strike had closed several paper mills in Maine.

Boston Alliance of Gay, Lesbian, Bisexual and Transgender Youth (BAGLY) v. United States Department of Health and Human Services

District Court, D. Massachusetts · Aug 18, 2021

sufficiently imminent to qualify as a valid injury-in- fact. … Plaintiffs have not established any future discrimination that would be sufficiently imminent to qualify as a valid injury- in-fact. See Whitman-Walker Clinic, 485 F.

In Re O'Neal

462 B.R. 324 · United States Bankruptcy Court, D. Massachusetts · Dec 16, 2011

response to the Court order of August 3, 2009, which the Debtor submitted to the TSP Legal Processing Unit, that Unit refused to honor the Probate Court order, explaining that “[t]o be honored by the TSP, a court order must qualify … These provisions clearly provide a "Federal law” exemption under Section 522(b)(2)(A) which will exempt both CSRS and FERS systems from the bankruptcy estate unless the phrase "except as otherwise may be provided by Federal

Cowern v. Prudential Insurance

130 F. Supp. 3d 443 · District Court, D. Massachusetts · Sep 14, 2015

He opined that “[b]ased on the limitations established in the objective record, Ms. … Cowern’s chronic abdominal pain, stating: The records fail to clarify clearly a pattern thát' would define the symptom with respect to time.

JRY CORP. v. LeRoux

18 Mass. App. Ct. 153 · Massachusetts Appeals Court · May 30, 1984

Thus, if they produce conflict when both are read as unconditional statements but consistency when one is read as qualifying the other, the latter reading, if otherwise reasonable, would be favored.” Kates v. St. … The letter clearly does not create a binding purchase and sale agreement since several important terms are left to future agreement.

Commonwealth v. Murray

27 Mass. L. Rptr. 367 · Massachusetts Superior Court · Apr 12, 2010

Based on statements made at trial, defense counsel clearly knew of the existence of KST; it follows, then, that Murray himself knew as well. … Reputation evidence “does not qualify as Adjutant evidence.” Commonwealth v. Peppicelli, 70 Mass.App.Ct. 87, 99 (2007) (emphasis in original).

Commonwealth v. Jose Arce

Massachusetts Superior Court · Sep 26, 2023

Price's -21 testimony establishes. … The Commonwealth is clearly correct in asserting that Johana's testimony was sufficient to convict Arce.

JOHN WHITTIER & Others v. PLANNING BOARD OF IPSWICH & Another.

Massachusetts Appeals Court · Oct 22, 2024

Thus, when reviewing a judgment dismissing a plaintiff's complaint for lack of standing, "the judge's findings of fact will not be set aside unless they are clearly erroneous or there is no evidence to support them" ( … "It is well established . . . that diminution in [property] value itself is not an interest protected under G.