Case law

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.

Wigfall v. Duval

District Court, D. Massachusetts · Aug 12, 2024

Section 1983 provides a civil cause of action for “the deprivation of any rights, privileges, or immunities secured by the Constitution and laws.” 42 U.S.C. § 1983. … Wigfall has not established she is the sole beneficiary of her father’s estate.

Commonwealth v. Clark

432 Mass. 1 · Massachusetts Supreme Judicial Court · Jun 29, 2000

A finding that a juror is impartial will not be overturned on appeal unless the defendant makes a clear showing of abuse of discretion or that the finding was clearly erroneous.” Commonwealth v. … Spiers was qualified as a special police officer in connection with his employment.

Commonwealth v. Santiago

30 Mass. App. Ct. 207 · Massachusetts Appeals Court · Mar 8, 1991

Unless the package was opened in conformity with a written State police inventory policy, or the container’s distinctive appearance clearly announced its contents, in the absence of either a search warrant or probable cause … Bernier’s presence and his association with Santiago and Munoz are established.

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.

Flaherty v. Entergy Nuclear Operations, Inc.

District Court, D. Massachusetts · Jul 9, 2018

Finally, Entergy argues that paragraph 105 concerns medical information as to which Flaherty is not qualified to opine. … Supp. 2d 261, 270 n.8 (W.D Pa. 2008) (“Chronic fatigue syndrome, also known as immune dysfunction syndrome, is a condition of prolonged and severe fatigue which is not relieved by rest and is not directly caused by other

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.

Somes v. Skinner

20 Mass. 51 · Massachusetts Supreme Judicial Court · Mar 15, 1825

We have labored much to come to the conclusion contended for by the demandant’s counsel, as the equity of the case is clearly on that side, so far as we can judge from the conveyances, but we find ourselves met at every step … It would be but a feeble title which would not enable the holder to defend his possession against trespassers, or those who should attempt to disseise him after his title is established.

Little v. Murphy

62 F. Supp. 2d 262 · District Court, D. Massachusetts · Aug 13, 1999

So it is up to you to determine and evaluate the evidence that has been introduced tending to establish this alibi. … Where the witness had already denied seeing the truck at 11:30 and testified that it could have been as early as 11:45, it was clearly a matter of trial tactics not to belabor the point, and counsel was not clearly wrong

Rooney v. Town of Groton

577 F. Supp. 2d 513 · District Court, D. Massachusetts · Sep 23, 2008

As the First Circuit noted, “supervision of other employees is clearly a management duty.” Donovan v. Burger King Corp., 672 F.2d 221, 226 (1st Cir.1982) (citing 29 C.F.R. § 541.102 (b)). … However, such a perspective would undermine the Department of Labor’s specifically stated intent not to depart from established case law.

Filippova v. Frmingham Zoning Board of Appeals

Massachusetts Land Court · Jun 23, 2021

The section provides that wireless communications facilities are permitted only by special permit, and further establishes conditions, maintenance requirements, removal requirements, dimensional requirements, and design requirements … [Note 33] From this language one can surmise that WCFs may only be located in commercial and possibly industrial zones, but clearly may not be located within or closer than 300 feet to residential zoning districts.

Gossels v. Fleet National Bank

69 Mass. App. Ct. 797 · Massachusetts Appeals Court · Aug 22, 2007

“Unless a contrary intent clearly appears and before the time that a settlement given by a collecting bank for an item is or becomes final, the bank, with respect to the item, is an agent or subagent of the owner of the item … “Although whether a particular set of acts, in their factual setting, is unfair or deceptive is a question of fact, ... the boundaries of what may qualify for consideration as a c. 93A violation is a question of law.”

Rodrigues v. Members Mortgage Co.

226 F.R.D. 147 · District Court, D. Massachusetts · Feb 3, 2005

Co., 224 F.R.D. 304, 307 (D.Mass. 2004) (“Other courts in this district have noted that a 40 person class is ‘generally found to establish numerosity.’”) (citations omitted); see also McCuin v. … Cf. 12 C.F.R. § 226.17 (a)(1) (“The creditor shall make the disclosures required by this subpart clearly and conspicuously in writing, in a form that the consumer may keep.”).

Hague v. Hanover Insurance

6 Mass. L. Rptr. 449 · Massachusetts Superior Court · Jan 22, 1997

read “policy” as Hanover argues, to mean a policy issued by a motor vehicle insurer in Virginia and anywhere else in the United States (or indeed, the world) does not fit with the thrust of the statute as a whole, which is clearly … Section 113L(5)(a) states that a person who qualifies as a “named insured” and who is injured or killed while a passenger or driver in a nonowned vehicle may recover only from “the policy providing the highest limits of uninsured

International Fidelity Insurance v. Wilson

387 Mass. 841 · Massachusetts Supreme Judicial Court · Jan 10, 1983

The town determined that Wilson Iron Works was the lowest qualified bidder. On May 10, 1976, the town and Wilson Iron Works signed a contract for the repair of Powder Point Bridge. … Multiple damages are “the appropriate punishment” for forcing plaintiffs to litigate clearly valid claims. Heller v. Silverbranch Constr. Corp., supra at 628.

Commonwealth v. Cotto

471 Mass. 97 · Massachusetts Supreme Judicial Court · Apr 8, 2015

Therefore, the judge continued, the evidence of Farak's misconduct, in particular, and the administrative problems at the Amherst drug lab, in general, qualified as "newly discovered." … Subpoena to establish scope and timing of Farak's misconduct.

Heller v. Cap Gemini Ernst & Young Welfare Plan

396 F. Supp. 2d 10 · District Court, D. Massachusetts · Oct 24, 2005

According to Heller, it has not been established that his wife was not covered under the policy at the time of her death. … Although the court held that the insurer had waived its second justification by failing to assert it earlier, the court heavily qualified its recognition of waiver principles. Id. at 381-82 .

Ortiz v. Commissioner of Social Security

81 F. Supp. 3d 118 · District Court, D. Massachusetts · Jan 26, 2015

Discussion Standard for Entitlement to Disability Insurance Benefits To qualify for disability insurance benefits, a claimant must demonstrate that s/he is disabled within the meaning of the Act. … The ALJ also found that her right shoulder issues had not been established for twelve continuous months. {Id., p. 21).

Hearts on Fire Company, LLC v. Blue Nile, Inc.

603 F. Supp. 2d 274 · District Court, D. Massachusetts · Mar 27, 2009

To establish liability, the Plaintiff must ultimately prove that (1) it owns and uses the “Hearts on Fire” trademark; (2) the Defendant used the trademark without the Plaintiffs permission; and (3) the Defendant’s use was … They have applied that same reasoning to keyword cases, holding that a company’s purchase of a competitor’s trademark to trigger sponsored links does not qualify as a “use.”

Stokes v. Wells Fargo Bank, N.A.

37 F. Supp. 3d 525 · District Court, D. Massachusetts · Jun 12, 2014

The representative told her she did not qualify for a repayment plan. (Id. ¶ 16). Wells Fargo subsequently sent Stokes a loan-modification application packet. (Id. ¶ 18). … The right-to-cure notice clearly gave her adequate notice of her right to cure her default in 2009 because she exercised that right. Any technical deficiency in the notice was inconsequential.