Case law

In re Darden

474 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · May 25, 2012

A contract is ambiguous if a genuine doubt appears as to its meaning, that is, if, after applying established rules of interpretation, the written instrument remains rea *11 sonably susceptible to at least two reasonable … As explained above, a plan will qualify for confirmation only if the Debtor proposes it in good faith.

Commonwealth v. Baye

462 Mass. 246 · Massachusetts Supreme Judicial Court · May 21, 2012

Early in this second monologue, Mazza represented to the defendant, contrary to Massachusetts law, that the deaths caused by the arson would not qualify as murders if the defendant had not acted “with the intention of killing … App. 4th 1450, 1486 (1993) (among other improper tactics, police “clearly suggested . . . [defendant] would avoid the more serious charge by [making an] admission”; People v.

Bezdek v. Vibram USA Inc.

79 F. Supp. 3d 324 · District Court, D. Massachusetts · Jan 16, 2015

Second, the plaintiffs must show “that counsel chosen by the representative party is qualified, experienced and able to vigorously conduct the proposed litigation.” Id. … members, each of whom have small individual claims that may not be worth pursuing independently, “a class action is the only feasible mechanism for resolving the dispute efficiently,” M3 Power Razor, 270 F.R.D. at 56 , and is clearly

Commonwealth v. Wade

17 Mass. L. Rptr. 93 · Massachusetts Superior Court · Dec 9, 2003

Williams in support of those warrants establish probable cause for the defendant’s arrest. … Fernandes, 30 Mass.App.Ct. 335, 341 (1991) (the affidavit clearly spelled out the role played by the informants); Commonwealth v. Cowell, 57 Mass.App.Ct. 1115 (2003) (same).

Levine v. Maplebear, Inc.

District Court, D. Massachusetts · Mar 18, 2022

In fact, the First Circuit clearly distinguished its reasoning in Waithaka from that which applied in Cunningham and, by extension, here. … The First Circuit has clearly established a framework for examining issues of the type discussed here. See Cunningham, 17 F.4th at 249-53; Waithaka, 966 F.3d at 20-26. Interlocutory review is therefore unnecessary.

Cowles v. Red Roof Inns, Inc.

4 Mass. L. Rptr. 187 · Massachusetts Superior Court · Aug 24, 1995

Plaintiffs therapist opined that there are jobs available through the Massachusetts Rehabilitation Commission for which plaintiff is qualified. … Clearly, Mr. Stoddart should not be compensated for the latter, regardless of any concomitant benefit it might have had on the prevailing plaintiffs case. Defendant’s contention that Mr.

Coggon v. Barnhart

354 F. Supp. 2d 40 · District Court, D. Massachusetts · Feb 3, 2005

Jonas stated that Slayton “clearly ... states that he feels that the personality is the central issue.” Id. at 47 . … It is well established that Coggon drove an automobile. R. at 32-33, 40-41.

New York & Massachusetts Motor Service, Inc. v. Massachusetts Commission Against Discrimination

401 Mass. 566 · Massachusetts Supreme Judicial Court · Jan 19, 1988

Thus, New York-Mass could show undue hardship if it could establish that Mislak’s absence would cause staffing levels to fall below the minimum level needed to operate the business. … Green, 411 U.S. 792 (1973), which, in that factual context, requires the complainant to prove a four-element prima facie case: (1) that she is a woman; (2) that she applied and was qualified for the job for which the employer

Dynan v. Fritz

400 Mass. 230 · Massachusetts Supreme Judicial Court · Jun 10, 1987

He argues that the buy-back agreement clearly so provides. … that I.R.C. § 302(b)(2) (1982) imposed a requirement concerning the proportion of the stock which a seller could own after the first instalment of a sale compared to his proportion of the stock before the sale in order to qualify

Circuit City Stores, Inc. v. Commissioner of Revenue

439 Mass. 629 · Massachusetts Supreme Judicial Court · Jun 25, 2003

In its decision, the board concluded that the alternative location sales at issue qualified as Massachusetts sales and, thus, were properly subject to “sales/use” tax. 4 2. … The proposed amendments also suggest changes that *637 clearly distinguish between “delivery,” “physical possession,” and “receipt” of goods.

Casmar, Inc. v. Correia

7 Mass. L. Rptr. 402 · Massachusetts Superior Court · Aug 12, 1997

The *406 mere failure of the trustee to have asserted a cause of action against Casmar, Castelo, and Pereira is not sufficient, in and of itself, to establish that the action was abandoned and that Correia, therefore, has … Mass. 1953) (“Mere inaction with respect to the properly is not enough, but it is sufficient if the trustee clearly indicates his intention to abandon the property as valueless’’); In re Malcolm, 48 F.Sup. 675, 679 (E.D.

Commonwealth v. Crowe

21 Mass. App. Ct. 456 · Massachusetts Appeals Court · Jan 22, 1986

Rather, it is necessary that the portion of the statement that the defendant seeks to introduce qualify or explain the segment introduced by the Commonwealth. … The ultimate weight to be given to the evidence was clearly and properly left to the jury. 6. Excluded evidence.

J.E. Pierce Apothecary, Inc. v. Harvard Pilgrim Health Care, Inc.

365 F. Supp. 2d 119 · District Court, D. Massachusetts · Mar 31, 2005

Opp’n at 7-14; (2) even if it did violate that law, that violation alone is *136 insufficient to establish liability under Chapter 93A, § 11, Id. at 5-7; and finally, (3) that the Independent Pharmacies have not established … Such a reality is immune from our manipulation and dictates the boundaries of our life.

Commonwealth v. Flynn

362 Mass. 455 · Massachusetts Supreme Judicial Court · Sep 13, 1972

He was no less competent and qualified to testify after the count naming him as a victim was nol prossed. … This rule is not confined to cases where a conspiracy is charged, but it is applicable wherever a combination to effect a particular object is established.

American S. S. Co. v. Wickwire Spencer Steel Co.

42 F.2d 886 · District Court, D. Massachusetts · Aug 4, 1930

Feldman, a lawyer of this eity, were thereupon appointed receivers, and subsequently qualified as such. … Upon default the bondholders have clearly the right of sale of the properties mortgaged, as provided by statute, and, as said in Guaranty Trust Co. v. Mo. Pac. R. Co. (D.

Bristol Asphalt, Co., Inc. v. Rochester Bituminous Products, Inc.

Massachusetts Supreme Judicial Court · Feb 29, 2024

In Blanchard I, 477 Mass. at 155-156, 159-161, and Blanchard II, 483 Mass. at 206-207, in an attempt to more precisely protect petitioning and more clearly permit other lawsuits not based on "classic" petitioning activity … Columbia Pictures Indus., Inc., 508 U.S. 49, 57 (1993) (holding that petitioning activity with objectively reasonable basis is immunized from antitrust liability). Cf. Snyder v.

United States v. Footman

66 F. Supp. 2d 83 · District Court, D. Massachusetts · Jun 1, 1999

In my judgment, after hearing the trial testimony, and reviewing the government’s most recent submissions, the Footman operation does not qualify. … Clearly, the tapes reflect a concern about the federal charges, and an effort to orchestrate the response to them.

Carriere, Jr v. Medeiros

District Court, D. Massachusetts · Sep 5, 2018

Therefore, Carriere has not established that the SJC’s decision is contrary to, or involves an unreasonable application of, clearly established federal law. … Therefore the SJC’s decision was not contrary to, or an unreasonable application of, clearly established Supreme Court precedent. 2.

Nett v. Bellucci

437 Mass. 630 · Massachusetts Supreme Judicial Court · Sep 4, 2002

The question, then, was whether the March 10, 1999, filing of a motion for leave to amend qualified as the “commencement” of the action against Dr. Gross for purposes of the statutes of repose. … The filing of the motion to amend is a step that is as clearly recorded, and clearly documented by court records, as the filing of the amended complaint itself.

Roche v. Evans

249 F. Supp. 2d 47 · District Court, D. Massachusetts · Mar 10, 2003

Roche is strictly liable to a civil penalty for entering the closed area, without proof of intent that he knowingly or intentionally violated the proscription. *58 It is also clear that the ALJ’s finding that Roche did not qualify … While it might have been possible for the ALJ to have made other findings, the findings he did make were clearly supported by the evidence before him. C.