Case law

In RE McMILLEN

390 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · May 7, 2008

Kadis's promise of an additional $75,000 and of a mortgage to secure it certainly qualifies as "other good and valuable consideration" received. … Although McMillen did indeed breach his obligation to pay rent, I find that Kadis has failed to establish that McMillen made the promise to pay rent without intent to honor that promise.

Committee for Public Counsel Services v. Attorney General

480 Mass. 700 · Massachusetts Supreme Judicial Court · Oct 11, 2018

She recalled the sample clearly because of its size and its source, but also because that had been the first time that she had crossed a line into a new level of lab misconduct. … The attorney responded that Farak would cooperate if she were to receive a sentence of probation and immunity for additional State and Federal charges. The Attorney General's office declined to accept the offer.

Cellco Partnership v. Town of Grafton, Mass.

336 F. Supp. 2d 71 · District Court, D. Massachusetts · Sep 29, 2004

The moving party has the burden of establishing “the lack of a genuine, material factual issue.” Snow v. … Accordingly, I conclude that the coverage gap in Grafton Center qualifies as significant under the TCA.

Gibbons v. Haddad (In Re Haddad)

68 B.R. 944 · United States Bankruptcy Court, D. Massachusetts · Jan 16, 1987

It summarized Marathon in this fashion: “The court’s holding in that case establishes only that Congress may not vest in a non-Article III court the power to adjudicate, render final judgment, and issue binding orders in … Our conclusion is reinforced when the other clearly constitutional powers of the bankruptcy court are compared with the purpose and effect of civil contempt powers.

Monteiro v. The Children's Hospital Corporation

District Court, D. Massachusetts · May 12, 2025

The plaintiffs have established that preliminary class certification is warranted. First, “the class is so numerous that joinder of all members is impracticable,” Fed. R. Civ. … At a minimum, the “notice must clearly and concisely” describe to class members “(i) the nature of the action; (ii) the definition of the class certified; (iii) the class claims, issues, or defenses; (iv) that a class member

Rodman v. Murphy

21 Mass. L. Rptr. 56 · Massachusetts Superior Court · Mar 21, 2006

(c) A violation of subsection (a) shall be established if, based upon the totality of circumstances, it is shown that any individual is denied any of the rights protected by subsection (a). … Clearly, it is possible for MERA to be interpreted in favor of Rodman’s actions under it. II.

Cohesive Technologies, Inc. v. Waters Corp.

526 F. Supp. 2d 84 · District Court, D. Massachusetts · Aug 31, 2007

Guiochon clearly knew of the Pretorius reference; he identified it in his faxed letter to Schiller. … The opinion testimony of qualified experts. 15.

Commonwealth v. Charros

443 Mass. 752 · Massachusetts Supreme Judicial Court · Mar 31, 2005

The statements were properly excluded as hearsay, and they did not qualify as statements against penal interest. … There had been no showing that Ryan was not available, and the statement had not been corroborated by circumstances clearly indicating trustworthiness. See Commonwealth v.

Commonwealth v. Storey

378 Mass. 312 · Massachusetts Supreme Judicial Court · Jun 25, 1979

. *319 denied, 429 U.S. 1049 (1977), our approval of these techniques is strongly qualified by the observation that prosecutors, and the public they represent, may often stand to benefit at trial through the use of formal … The gun was correctly admitted in evidence because it was clearly relevant to show that the defendant had readily available means of committing the offense. Commonwealth v. Watkins, 375 Mass. 472, 491 (1978).

Moses v. Burgin

316 F. Supp. 31 · District Court, D. Massachusetts · Aug 27, 1970

Would it be possible for the Fund *46 or a subsidiary to qualify for a discount in commission charges on exchange transactions? 3. Would it be possible for the Fund or a subsidiary to qualify for exchange membership ?” … In any event, a customer-directed give-up which was not used to establish a credit for a customer is no precedent for a customer-directed give-up which does establish such a credit.

Commonwealth v. Buswell

83 Mass. App. Ct. 1 · Massachusetts Appeals Court · Dec 12, 2012

The defendant was clearly acting with intent to commit the predicate sex offenses and was proceeding in furtherance of a formulated plan to have intercourse with the child that night. … earlier sexually explicit Internet communications with three other young girls and the Webcam discovered in the second computer search were not sufficiently similar to the crimes for which the defendant was on trial to qualify

Global NAPs, Inc. v. Verizon New England, Inc.

332 F. Supp. 2d 341 · District Court, D. Massachusetts · Aug 26, 2004

The court notes that the DTE did not assert any Eleventh Amendment immunity it might have had from this court directing it on how to apply state law. … (reaching conclusion that by participating in scheme established by the Act, state of Delaware had waived Eleventh Amendment immunity). 6 .

Campbell v. Chadbourne

505 F. Supp. 2d 191 · District Court, D. Massachusetts · Jul 19, 2007

Where, as here, “Congress has not clearly required exhaustion, sound judicial discretion governs.” McCarthy v. … Campbell also has failed to establish that administrative review would be futile.

Basch v. Reliance Standard Life Insurance Company

District Court, D. Massachusetts · Oct 10, 2024

That burden clearly rests on the claimant.” Id. Beauvais is not binding on this court, nor is it easy to reconcile with Orndorf. … “The existence of a structural conflict, standing alone, is insufficient to establish a very good reason justifying … discovery ….” Germana, 2024 WL 3416026, at *6.

World Gym, Inc. v. Baker DO NOT DOCKET IN THIS CASE - ALL ENTRIES ARE TO BE MADE IN THE LEAD CASE

District Court, D. Massachusetts · Jul 24, 2020

Plaintiffs “bear[] the burden of establishing that these four factors weigh in [their] favor.” Esso Standard Oil Co. (P.R.) v. … As to the second consideration, Plaintiffs cannot establish a “reasonable expectation” or “demonstrated probability,” Am.

Rubin v. Murray

79 Mass. App. Ct. 64 · Massachusetts Appeals Court · Mar 16, 2011

As such, its resolution is subject to review under the clearly erroneous standard. See generally Demoulas v. … Gordon was qualified as an expert, without objection, on the subject of fair owner compensation in closely held businesses.

The Liverpool Packet

15 F. Cas. 641 · U.S. Circuit Court for the District of Massachusetts · Oct 15, 1813

Suppose, in the present case, (and I mean only a supposition, and not any imputation upon the parties) the inquiry had been made, and the cambrics and dry goods, upon examination, had turned out to be clearly of British manufacture … illegal character, unless it be carried on expressly for British account, or *646 shipped under British contract, or destined for British use, or voluntarily incorporated into British service by licenses, which give the immunity

Commonwealth v. Pring-Wilson

448 Mass. 718 · Massachusetts Supreme Judicial Court · Apr 10, 2007

But contrary to our regular practice when establishing a new rule not constitutionally mandated, see, e.g., Commonwealth v. Dwyer, ante 122, 124, 147 (2006); Commonwealth v. … At trial, the defendant testified that he had given officials at the scene incorrect accounts of the fight because he was concussed, he was not thinking clearly, he wanted to go home, and he did not want to press charges

American Paper Recycling Corp. v. Ihc Corp.

775 F. Supp. 2d 322 · District Court, D. Massachusetts · Apr 7, 2011

Track, 989 F.2d at 545 , citing Neofotistos, 341 Mass. at 689 , 171 N.E.2d 865 . 8 Ivy clearly stated its reasons for selling its assets and ceasing to do business. … To establish a claim under Chapter 93A, APR must demonstrate an unfair or deceptive practice that falls “ ‘within at least the penumbra of some common-law, statutory, or other established concept of unfairness.’ ” Lambert

Peterson v. The Lincoln National Life Insurance Company

District Court, D. Massachusetts · Apr 4, 2025

Second and third, it was established by an employer -- namely NDHCCI. … Therefore, it follows that an employee of a church-affiliated non-profit qualifies as an “employee of a church . . .”