Case law

Commonwealth v. Ferreira

90 Mass. App. Ct. 491 · Massachusetts Appeals Court · Oct 14, 2016

The defendant then qualified his response by stating, "I didn't say he did it, I said he probably did it." … Clearly, it does not. None of the elements of perjury was required to be proved in the murder trial. See Carrasquillo v.

Henriquez v. Astrue

482 F. Supp. 2d 50 · District Court, D. Massachusetts · Mar 30, 2007

Such evidence is “clearly inconsistent” with Plaintiffs allegation of complete disability. See Barrett v. … Third, and more to the point, the ALJ here followed the well-established rules and regulations regarding trial work in reaching his decision. See Nash v.

Charlton Memorial Hospital v. Sullivan

816 F. Supp. 50 · District Court, D. Massachusetts · Mar 9, 1993

Plaintiffs brought this action to challenge the payment rates established by the Secretary of Health and Human Services (“Secretary”) under Medicare’s Prospective Payment System (“PPS”). … either an appropriate means or the sole means for determining that there are no genuine disputes of fact that must be resolved by trial, or (iv) that “[findings of fact” made by a trial court “shall not be set aside unless clearly

United States v. Cannons Engineering Corp.

720 F. Supp. 1027 · District Court, D. Massachusetts · Aug 14, 1989

. § 9622 (g), establishes special terms on which the United States may settle with de minimis PRPs. … In return, the United States, Massachusetts, and New Hampshire have provided a covenant not to sue these parties, qualified by specific re-opener provisions. Id. § 26.

Islamic Society v. Boston Herald, Inc.

21 Mass. L. Rptr. 441 · Massachusetts Superior Court · Jul 21, 2006

Subsequent appellate decisions have further defined what constitutes “petitioning activity” and have also provided guidance as to what must be established by a special movant under Duracrafts holding. … Clearly, the media defendants cannot claim the protections of the Anti-SLAPP statute.

Gilday v. Callahan

866 F. Supp. 611 · District Court, D. Massachusetts · Mar 23, 1994

In these days of swift, widespread and diverse methods of communication, an important case can be expected to arouse the interest of the public in the vicinity, and scarcely any of those best qualified to serve as jurors … In other words, the court’s comment that the prosecutor had a Giglio duty under the circumstances meant only that the prosecution’s structuring of the arrangement of leniency would not, by itself, immunize the prosecution

Commonwealth v. Borans

379 Mass. 117 · Massachusetts Supreme Judicial Court · Sep 4, 1979

Grand jurors are capable of judging credibility and they are free to disbelieve a witness and persevere in an investigation without immunizing a perjurer.” United States v. … See infra at 145-148. 6 Bowden testified at trial under a grant of immunity.

ADOPTION OF VIGGO (And a Companion Case).

Massachusetts Appeals Court · Jan 5, 2024

tightness and tremors in her arms and legs, gastrointestinal problems, sensory issues, repeated bronchitis, breathing problems, and chronic ear infections resulting from a compromised immune system. … See Custody of Eleanor, 414 Mass. 795, 802 (1993) (factual findings must be supported by record evidence and will not be overturned unless clearly erroneous).

Commonwealth v. Colon

482 Mass. 162 · Massachusetts Supreme Judicial Court · May 3, 2019

The judge found that juror no. 3 "indicated very clearly that she didn't have any concerns now." Over the defendant's objection, juror no. 3 was not excused. … "A non-English speaker, throughout a legal proceeding, shall have a right to the assistance of a qualified interpreter." G. L. c. 221C, § 2.

In re Dickey

517 B.R. 5 · United States Bankruptcy Court, D. Massachusetts · Aug 28, 2014

If, however, I conclude that the Debtor has not been the uninterrupted title holder of the Property since 2005, she argues that she clearly possessed an interest in the Property at the time of the NEPCO Lien and Ridgewood … Generally speaking, “[property that is properly exempted under § 522 is immunized against liability for prebankruptcy debts.” 88 As recognized by the Supreme Court of the United States in Law v.

Feeney v. Dell Inc.

454 Mass. 192 · Massachusetts Supreme Judicial Court · Jul 2, 2009

B.Z., 431 Mass. 150, 160 (2000) (“It is well established that courts will not enforce contracts that violate pubhc policy”). … Express Merchants’ Litig., 554 F.3d 300, 320 (2d Cir. 2009) (allowing enforcement of class action waiver in credit card acceptance agreement would grant corporation “de facto immunity from antitrust liability by removing

Robinson v. United States

District Court, D. Massachusetts · Jul 6, 2023

Conversely, “[t]o defeat a properly supported motion for summary judgment, the nonmoving party must establish a trial-worthy issue by presenting enough competent evidence to enable a finding favorable to the nonmoving … immunity on these facts prior to discovery, and to move for summary judgment based on the failure to identify the agents or to parse the misconduct among the defendants prior to any discovery taking place is unseemly

Donovan v. Philip Morris USA, Inc.

268 F.R.D. 1 · District Court, D. Massachusetts · Jun 24, 2010

Joinder is clearly impractical. 2. Commonality Commonality requires only that the plaintiffs show that “there are questions of law or fact common to the class.” Fed. R.Civ.P. 23(a)(2). … Plaintiffs counsel is qualified and experienced. The adequacy prong has been met. D. 23(b) Requirements The critical contested issue in this case involves Rule 23(b).

Speakman v. Allmerica Financial Life Ins. & Annuity Co.

367 F. Supp. 2d 122 · District Court, D. Massachusetts · Apr 21, 2005

Inherent in such claims is “an element of either bad faith and improper motive or a breach of fair dealing ...” that clearly falls within “ ‘established common law ... concepts] of unfairness.’ ” Trent Partners, 120 F.Supp … AFLIAC life insurance policies and annuity contracts and (ii) at least $25,000 in net FYC received during a production year must be attributable to sales of qualifiable AFLIAC life insurance policies.

O'Sullivan v. Strategus RG, Inc.

District Court, D. Massachusetts · Sep 25, 2024

[a plaintiff] must ‘establish a prima facie case by showing that (1) she is ‘a member of a protected class’; (2) she is ‘qualified’ for the job [from which she claims she was constructively discharged]; (3) she has ‘suffer … Assuming for the moment that claims based on the activities as reported by O’Sullivan would qualify for a public policy exception to the at-will employment doctrine, it is her burden to establish a causal connection between

Commonwealth v. Hall

369 Mass. 715 · Massachusetts Supreme Judicial Court · Feb 13, 1976

Nina White, testifying under a grant of immunity, gave the following information in addition to that already attributed to her above. … The responsibility for ensuring that the record on appeal includes the information and material essential to establish an assigned error is on the defendant.

Grossman v. Garabedian (In re Garabedian)

520 B.R. 326 · United States Bankruptcy Court, D. Massachusetts · Oct 7, 2014

Accordingly, the Debtor did not clearly set forth in either his testimony or his Schedules how much money he was paying business creditors and business lenders and how much he contributed to household expenses. … Although the Debtor in responses to the Trustee’s Requests for Admissions, denied or improperly qualified his answers to the Trustee’s Requests, the Trustee through the Debtor’s admissions at trial established that the Debtor

Graham v. District Attorney for the Hampden District

Massachusetts Supreme Judicial Court · Jan 23, 2024

CPCS is a Statewide entity established under G. … Accordingly, the special master later deemed the 911 call "clearly exculpatory."

Atlantic Specialty Insurance Company v. Karl's Boat Shop, Inc.

District Court, D. Massachusetts · Aug 20, 2020

Both doctrines relate to the circumstances under which an insurer may void a contract because of misstatements or omissions by the insured party, and both are clearly established … Section X(7) would qualify as a “condition precedent” under Massachusetts law.

Sierra Fria Corp. v. DONALD J. EVANS,(PC)

978 F. Supp. 28 · District Court, D. Massachusetts · Oct 31, 1996

In,sum, as a result of her conversation with Bleeker, Kay clearly understood that the Aruban practice of transferring real estate without an as-built survey or title insurance exposed a purchaser — in this case her firm’s … Nexon, Esq. made an effective argument that, under the circumstances, a qualified attorney in Glazer’s position would not likely have noticed the effect), I conclude that the plaintiffs have not established by a preponderance