Case law

LePage v. E-One, Inc.

4 F. Supp. 3d 298 · District Court, D. Massachusetts · Mar 12, 2014

Plaintiffs second amended complaint clearly labels Counts 11 and 12 as negligence claims. 127 Moreover, Count 12 uses language typically associated with a negligence action. 128 The arguments presented in Greenwood’s motion … In Rhode Island, expert testimony is required to establish any matter that is not obvious to a lay person. 131 Expert testimony is thus required to establish a standard of care “ ‘with respect to inspection and testing and

Commonwealth v. Souza

21 Mass. L. Rptr. 652 · Massachusetts Superior Court · Oct 25, 2006

After a temporaiy commitment of 60 days to the Treatment Center, pursuant to G.L.c. 123A, §12(6), during which two (2) qualified examiners examined and diagnosed Souza’s sexual dangerousness and issued reports concluding … Indeed, the Legislature’s enactment of weighty sanctions for hands-off offenses, such as dissemination of child pornography, has spoken clearly to the public safety threat posed by the sexual corruption of minors.

Commonwealth v. Cousin

449 Mass. 809 · Massachusetts Supreme Judicial Court · Sep 24, 2007

Representing the Commonwealth in criminal trials is a quintessential prosecutorial function, of which the selection of a qualified and impartial jury is an integral part. … Swafford, 441 Mass. 329, 337 (2004) (where judge’s finding of fact not clearly erroneous, it warrants deference).

The La Manche

14 F. Cas. 965 · District Court, D. Massachusetts · Jun 15, 1863

Thereupon the British government assumed the responsibility of the whole transaction, as done by their authority, which they insisted gave immunity to McLeod and his associates, and they demanded his immediate release. … Sebastian, and captured for an alleged breach of a paper blockade, which had been established by the orders in council of 1809. It was held that those orders did not embrace St. Sebastian.

United States v. Prosperi

573 F. Supp. 2d 436 · District Court, D. Massachusetts · Aug 29, 2008

See 50 U.S.C. § 1541 (c) (“The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly … Among other things, it established the Afghan Interim Authority (AIA), of which Karzai was the chairman.

Commonwealth v. Lawrence Zinser.

Massachusetts Appeals Court · Nov 1, 2023

The defendant first argues that the judge abused his discretion because the evidence did not establish by a preponderance of the evidence that he had committed new criminal offenses. We disagree. … "A defendant's otherwise legal conduct may qualify as an act of harassment when considered with other evidence." Brennan, 481 Mass. at 150.

Baker v. Friedman (In Re Friedman)

298 B.R. 487 · United States Bankruptcy Court, D. Massachusetts · Sep 11, 2003

With respect to Frain’s conduct, it stated that his superior knowledge of day-to-day operations was insufficient in itself to establish a position of ascendancy. … The Supreme Court as well as Massachusetts common law clearly evince an intent that partners act as trustees for the benefit of each other with respect to the trust res which consists of the partnership assets.

Avellar v. Dubois

30 F. Supp. 2d 76 · District Court, D. Massachusetts · Dec 4, 1998

an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2245 (d) (1998) (inserted by Antiterroism and Effective Death Penalty Act of 1996, Pub.L … There being no clearly established Supreme Court law to which the SJC’s decision is “contrary,” we must evaluate the petitioner’s claim under the “unreasonable application” clause of section 2254(d)(1). Id. at 26 .

LeBaron v. Massachusetts Partnership for Correctional Healthcare

District Court, D. Massachusetts · Jan 2, 2018

at the Bridgewater state hospital, he shall cause such prisoner to be examined at such place of detention by a physician or psychologist, designated by the department as qualified to perform such examination. … Here, plaintiff has failed to establish either of the two prongs.

Rahilly v. North Adams Regional Hospital

36 Mass. App. Ct. 714 · Massachusetts Appeals Court · Jun 28, 1994

I have divided this letter into separate sections in order to more clearly delineate those individuals and entities whose care fell below the standard of care." … And certainly the majority is not qualified to draw the inferences.

Kasper v. Corley

32 Mass. L. Rptr. 622 · Massachusetts Superior Court · Apr 2, 2015

This was clearly meant to stage an overdose at the location and mask that the body had been dumped. … Kasper established both elements with respect to Corley’s actions. 19 . This court will analyze each factor required to successfully prove an IIED claim in turn. A.

Commonwealth v. Moscaritolo

Massachusetts Supreme Judicial Court · Mar 6, 2026

"It is well established that if, in a murder prosecution, the jury would be warranted in finding the defendant guilty of manslaughter, rather than murder, it is reversible error not to give an instruction on manslaughter … "[I]tems that are not dangerous weapons per se may, however, qualify as dangerous weapons as used." Commonwealth v. Keown, 478 Mass. 232, 249-250 (2017), cert. denied, 583 U.S. 1139 (2018). See, e.g., Commonwealth v.

DiCarlo v. Suffolk Construction Co., Inc.

86 Mass. App. Ct. 589 · Massachusetts Appeals Court · Nov 6, 2014

The language "[t]he sum recovered shall be for the benefit of the insurer," is not otherwise qualified or limited in § 15 or elsewhere in G. L. c. 152. … In Rhode, the court observed that the language was designed to establish "an insurer's right to full reimbursement of benefits." Ibid.

Newburyport Redevelopment Authority v. Newburyport Inn Ltd. Partnership

9 Mass. L. Rptr. 683 · Massachusetts Superior Court · Mar 4, 1999

They require two appraisals and review by another qualified appraiser. See Chapter 3, ¶¶23 and 33 of HUD handbook. … No one disputes that the value of the parcel clearly exceeded $60,000.

Karimpour v. Stanley Black & Decker, Inc.

District Court, D. Massachusetts · May 2, 2022

In his complaint, Karimpour enumerates three claims based upon that statute, although he does not clearly differentiate among the causes of action he seeks to assert. … The First Circuit Court of Appeals has emphasized that the standard for establishing such a claim “must be kept sufficiently demanding”. O'Rourke v.

Aung v. Prettenhofer

District Court, D. Massachusetts · Jun 16, 2021

Massachusetts had waived its sovereign immunity as to Plaintiff’s claims against it. (Id. at 5-6; see Alabama v. Pugh, 438 U.S. 871, 781 (1978) (per curiam)). … Here, the prior suit resulted in a dismissal for failure to state a claim, which qualifies as a final judgment on the merits.

Financial Resources Network, Inc. v. Brown & Brown, Inc.

930 F. Supp. 2d 287 · District Court, D. Massachusetts · Mar 14, 2013

They also seek to establish certain facts under Rule 56(g). … Finally, plaintiffs seek to establish certain facts under Rule 56(g).

Commonwealth v. President of the Phœnix Bank

52 Mass. 129 · Massachusetts Supreme Judicial Court · Mar 15, 1846

established : First. … It provides for a chancery proceeding, by which a competent judicial tribunal is authorized to regulate the proceedings of a bank by an injunction, temporary or permanent, absolute or qualified, affecting all their proceedings

Hutchinson v. Select Portfolio Services, Inc.

District Court, D. Massachusetts · Jul 3, 2019

No. 1-1, fails to allege conduct by DGL that falls outside of the scope of DGL’s attorney-client relationship with SPS and the Trustee and that, for actions it took within that scope, DGL is entitled to the immunity of … “In actions seeking declaratory or injunctive relief, it is well established that the amount in controversy is measured by the value of the object of the litigation.” Hunt v. Wash. State Apple Advert.

Deese-Laurent v. Real Liquidity, Inc.

District Court, D. Massachusetts · Mar 30, 2018

assert, by way of a motion, as a defense, or otherwise in any such suit, action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune … Where plaintiff’s interests are derivative of Vineyard’s, it is clearly foreseeable that he is as subject to the NPA’s forum-selection clause as were the entities he managed.