Case law

Commonwealth v. Stockhammer

409 Mass. 867 · Massachusetts Supreme Judicial Court · May 1, 1991

Here, after a question that clearly presaged the direction in which counsel was headed, the judge unequivocally terminated the line of questioning. … Balanced against these qualified privileges are important State constitutional rights of the defendant.

George v. Stonebridge Mortgage Co.

988 F. Supp. 2d 142 · District Court, D. Massachusetts · Nov 19, 2013

Even assuming the $6,659.25 would count towards a calculation of fees, it would still not qualify the Taunton Property mortgage as a high-cost home mortgage loan. . … No cases appear to have addressed the issue of whether that provision of the statute establishes an indefinite limitations period with respect to an action to enjoin a foreclosure. See Martins v. U.S.

Wade v. Brady

612 F. Supp. 2d 90 · District Court, D. Massachusetts · Apr 30, 2009

test result would have no impact on the earlier verdict, plaintiff would not have a right to testing,” but I also recognized that “where an exclusionary test result would automatically exonerate a prisoner, the right is clearly … To qualify for testing under the Act, a prisoner must show that he never previously waived his right to request DNA testing of the sought-after evidence, identify a theory of defense that is not inconsistent with any affirmative

Howe v. Massachusetts Department of Correction

District Court, D. Massachusetts · Jul 25, 2024

To qualify as a bona fide religious practice, a plaintiff must show “both that the belief or practice is religious and that it is sincerely held.” Id. at 56 (internal quotations and citations omitted). … preexisting health conditions, such as Hepatitis C from previous drug use.6 Reliable 5 See, e.g., CDC, USE OF PFIZER-BIONTECH COVID-19 VACCINE IN PERSONS AGED ≥16 YEARS: RECOMMENDATIONS OF THE ADVISORY COMMITTEE ON IMMUNIZATION

Foster v. Hurley

444 Mass. 157 · Massachusetts Supreme Judicial Court · Apr 28, 2005

We conclude that the personnel director’s affidavit adequately establishes that Foster was the policy’s beneficiary from 1991 to 1999, when the deceased named Hurley as beneficiary. … The Prudential policy does not qualify as such a mutually understood substitute for a policy in effect at the time of the relevant agreement.

Commonwealth v. Honsch

Massachusetts Supreme Judicial Court · Jan 30, 2024

There was also no factual dispute that the Commonwealth's experts were qualified, that the experts followed the ACE-V methodology, or that the quality of the latent prints … But we have stated that the experts themselves "must clearly frame their findings in the form of an opinion." Fulgiam, 477 Mass. at 44.

Abdelrasoul v. Trustees of Boston University

District Court, D. Massachusetts · May 10, 2024

Even if plaintiff could establish that he has a qualifying handicap because his mental impairment “substantially limits one or more of [his] major life activities,” 42 U.S.C. § 3602(h) ( … MercExchange, L.L.C., 547 U.S. 388 (2006), which emphasized that courts should not presume irreparable harm unless Congress clearly indicates that a departure from the “long tradition

United States v. Mahoney

53 F. Supp. 3d 401 · District Court, D. Massachusetts · Oct 14, 2014

And I don’t know if he’s violent because I can’t see, but he’s clearly angry and out of control.” Id. at 17:11-13. IV. DISCUSSION A. … Channell testified that he was not qualified to recommend a particular medication because he is not a psychiatrist, he did note that Mr.

Corcoran Management Co. v. Town of Framingham

16 Mass. L. Rptr. 519 · Massachusetts Superior Court · Jul 3, 2003

The plaintiffs bear the burden of establishing the existence of a contract and any implied terms thereof. Bernard v. Cameron & Colby Co., Inc., 397 Mass. 320, 321 (1986); Canney v. … The Application and 6A Agreements are part of the same transaction in the broadest sense, and in submitting the Application, the parties clearly contemplated the execution of the 6A Agreements.

Commonwealth v. Lopes

Massachusetts Supreme Judicial Court · Jan 10, 2018

Feemster, 98 F.3d 1089, 1092 (8th Cir. 1996) ("relative youth" qualified as "potential race-neutral factor justifying the exercise of 'peremptory' challenges"); United States v. … See Swafford, 441 Mass. at 332 (testimony about gang affiliation allowed to establish defendants' retributive motive); Commonwealth v.

President & Fellows of Harvard College v. Society for Promoting Theological Education

69 Mass. 280 · Massachusetts Supreme Judicial Court · Mar 15, 1855

The cases just cited are the same referred to in Hill on Trustees, 190, and illustrate and qualify what might otherwise seem a more general proposition enunciated by the writer. The case of Attorney General v. … The character of these donations was also very clearly and *292 distinctly stated in the report of a committee of the board of overseers of the college, made in 1846, and accepted by that board.

Juniper Development Group v. Kahn (In Re Hemingway Transport, Inc.)

174 B.R. 148 · United States Bankruptcy Court, D. Massachusetts · Nov 1, 1994

Delaney testified that he observed drums at the rear of the property, which were clearly visible from the path as well as the railroad tracks. … The government moved for summary judgment, arguing that the failure to conduct an inspection established that the buyer did not qualify as an innocent purchaser as a matter of law. Id. at 352 .

Patterson v. Piano Craft Guild Associates, LP

16 Mass. L. Rptr. 23 · Massachusetts Superior Court · Dec 30, 2002

Article 7.6 of the agreement provides that, “A Tenant shall have the right to reject one unit otherwise meeting the requirements of this Article to which a transfer is proposed; the rej ection of a second qualifying unit, … In that respect, it clearly does stand as a obstacle to the Congressional purpose of promoting arbitration. See Saturn Distrib. Corp. v.

Chevron Corp. v. Shefftz

754 F. Supp. 2d 254 · District Court, D. Massachusetts · Dec 7, 2010

First, Respondent’s argument that the UNCI-TRAL Arbitration is not a “foreign tribunal” because it is established by a private body and only governed by international rules is a view that has been eschewed by the majority … Champ has been clearly waived inasmuch as it has been clearly shown that Mr.

Ellis v. Varney

17 Mass. L. Rptr. 394 · Massachusetts Superior Court · Jan 9, 2004

While Linda was clearly not disinterested in this decision, at least two of the remaining three directors were disinterested: Shelley Vincent, III and Jerrier. … Rather, the failure appears to be in the nature of an accounting oversight constituting a mere error of judgment or want of prudence, for which corporate officers and directors are immune from individual liability.

United States v. Rose

914 F. Supp. 2d 15 · District Court, D. Massachusetts · Sep 14, 2012

In August 2010, the United States Court of Appeals for the District of Columbia Circuit (“the DC Circuit”) challenged the consensus by ruling that the use of GPS tracking for 28 days qualified as a Fourth Amendment search … Such a bright-line rule would also be unworkable in practice: Suppose an officer’s conduct is consistent with the language of a Fourth Amendment rule that a court of appeals announced in a case with clearly distinguishable

In Re Lernout & Hauspie Securities Litigation

230 F. Supp. 2d 152 · District Court, D. Massachusetts · Aug 19, 2002

On May 8, McLamb sent Van Aerde a memo noting several respects in which L & H had failed to establish and follow formal written accounting procedures. (¶ 294). … from being held liable for misstatements of their agents since "[a] corporation can only act through its employees and agents .... an allegation that a particular agent may have doctored or conveyed the report will not immunize

Abernathy v. Dewey

District Court, D. Massachusetts · Jul 31, 2019

She is therefore immune from suit as to Abernathy’s claim for NIED under the MTCA. Accordingly, Anderson is entitled to summary judgment as to Count Twelve. C. … According to the case law, bruises, abrasions, and cuts not requiring stitches are not sufficient to qualify as “serious.” Accordingly, the Court will grant summary judgment in favor of nurse Anderson. IV.

Riley v. Presnell

409 Mass. 239 · Massachusetts Supreme Judicial Court · Jan 28, 1991

Once the defendant pleads the statute of limitations as a defense to a malpractice action and establishes that the action *244 was brought more than three years from the date of the injury, the burden of proving facts that … See In re Swine Flu Immunization Prods. Liab. Litig., 880 F.2d 1439, 1443 (D.C. Cir.1989); Van Buskirk v. Carey Canadian Mines, Ltd., 760 F.2d 481 , 498 (3d Cir.1985); Maughan v.

Aaron v. City of Lowell

District Court, D. Massachusetts · Jul 26, 2022

The actions of individual law enforcement officers are insufficient to establish the existence of an official policy. See Welch v. … First, Plaintiff has not adequately pled the requisite pattern of conduct required to establish a custom.