Case law

Sterngold Dental, LLC v. HDI Global Insurance Company

District Court, D. Massachusetts · Sep 29, 2018

These propositions are clearly contradicted by a plain reading of the policy. … It argues that the OSSEAN mark is a “slogan” such that its use of that mark qualified as “infringing upon another’s . . . slogan” in its “advertisement.”

Almeida v. Cowin

District Court, D. Massachusetts · Sep 11, 2019

No. 24 at 2 (urging that his trial counsel’s stated challenges to the closing argument “clearly qualifie[d] as an objection that preserve[d]” the issue for appellate and habeas review). … In the circumstances presented here, the SJC’s resolution of this claim does not appear to contravene or unreasonably apply any clearly established Supreme Court precedent. See Anderson v.

In THE MATTER OF McKENNEY

384 Mass. 76 · Massachusetts Supreme Judicial Court · Jul 21, 1981

The court, regarding proceedings before the Commission on Judicial Conduct (commission), established pursuant to G.L.c. 211C, § 1, *77 as terminated, requested the Board of Bar Overseers (board), established pursuant to S.J.C … The five separate 90-day temporary appointments given to [Mary B.] permitted her to obtain the one year of social service work necessary to qualify for appointment as a probation officer. 9.

Commonwealth v. Knowles

Massachusetts Appeals Court · Jan 10, 2018

He then "stood up under his own power" and began to speak clearly to the officers,  4 asking them why he was being handcuffed. … The statements did not qualify as prior inconsistent statements because the witness denied having made them, and no competent witness was available to prove them as extrinsic evidence. See Mass. G.

North Shore Bank, a Co-Operative Bank v. Bona

United States Bankruptcy Court, D. Massachusetts · Nov 6, 2019

In Count II, the Bank states that the Debtor misrepresented the status of his unsecured debts and engaged in “other conduct” in order to qualify for a loan with the intent to deceive the Bank. … ing] to his duties of protecting the business as a going concern and protecting the assets of [the debtor] to maximize their value for the benefit of creditors” were protected by litigation privilege and quasi-judicial immunity

Brown v. United States

615 F. Supp. 391 · District Court, D. Massachusetts · Aug 12, 1985

Thus, Berry was clearly conscious at the time the Fairwind capsized. … The plaintiffs’ action in this case is premised on the United States general waiver of sovereign immunity under the Suits in Admiralty Act for admiralty actions, supra n. 1.

Nickerson-Reti v. Lexington Public Schools

893 F. Supp. 2d 276 · District Court, D. Massachusetts · Sep 27, 2012

Though not stated clearly in the complaint, Reti seems to have been removed from public schooling and home-schooled at this point due to Nickerson-Reti’s belief that he was not receiving adequate accommodations from Lexington … Nickerson-Reti also made no showing that she attempted to identify qualified evaluators who could abide by regulated rates, and produced no evidence as to whether her selected evaluators accepted regulated rates, whether

Griffin v. Massachusetts Department of Revenue

District Court, D. Massachusetts · Jul 20, 2023

To qualify as a bona fide religious practice, a two-part test must be satisfied: the plaintiff must show “both that the belief or practice is religious and that it is sincerely held.” E.E.O.C. v. … It is clearly neutral on its face. And the DOR is a public employer with a strong interest in protecting the health of its own workers and the citizens that it serves.

City of Boston v. Santosuosso

307 Mass. 302 · Massachusetts Supreme Judicial Court · Nov 22, 1940

Curley from January, 1930, until January, 1934, was the duly elected and qualified mayor of the city of Boston, and that “In or about November, 1933, the said James M. Curley and the . . . … Establishment of the truth of the allegation seems to be unnecessary.

Mandarini v. Accurate Engineered Concrete, Inc.

District Court, D. Massachusetts · Dec 31, 2019

To qualify for such benefits, workers must work a certain number of creditable hours per year. … Plaintiffs explain and establish these points clearly in their papers.5 See Doc. No. 105 at 19–22; Doc. No. 90-6 (Mandarini Dep. Tr.) at 8-9 (23:9 – 27:2).

United States v. Boylan

698 F. Supp. 376 · District Court, D. Massachusetts · Oct 11, 1988

These conflicting theories were presented clearly, forcefully and consistently to the jury. … Thus, the article is clearly not prejudicial on its face. Rather, the prejudice, if any, must result from inferences jurors might have drawn after reading it.

National House Furniture Co. v. Anderson

8 Mass. App. Div. 91 · Massachusetts District Court, Appellate Division · Mar 2, 1943

The error relied upon by the defendant consists of the overruling of his demurrer, the denial of nine rulings requested by him, the qualified denial of five others, the granting of six rulings requested by the plaintiff and … This principle is first clearly stated in Dwight v.

Klairmont v. Gainsboro Restaurant, Inc.

28 Mass. L. Rptr. 368 · Massachusetts Superior Court · Feb 17, 2011

Applying established scientific procedure, Dr. … The wrongful death statute clearly does not fall into either of these two categories. See G.L.c. 229, §2.

Parker v. New England Oil Corporation

13 F.2d 158 · District Court, D. Massachusetts · Apr 28, 1926

It goes far toward establishing the committee’s liability. … The oil enterprise could, apparently, qualify under that section. There is nothing1 to indicate that Chace could.

Doe v. Sex Offender Registry Board

8 Mass. L. Rptr. 147 · Massachusetts Superior Court · Dec 22, 1997

This opportunity to be heard is not likely to be sufficiently timely to qualify as meaningful. … The value of the studies to establish that the plaintiff in this case has been afforded all the process that is due seems more questionable.

Geriatric Facilities of Cape Cod, Inc. v. Georges

United States Bankruptcy Court, D. Massachusetts · Jun 22, 2021

Georges never qualified for Medicaid, Pleasant Bay’s claim was based on full private-pay rates. In July of 2016, Mr. Georges and Pleasant Bay settled the litigation with Mr. … An express trust requires “an explicit declaration of trust, a clearly defined trust res, and an intent to create a trust relationship,” while a technical trust comes from statute or common law.

Bozkurt v. City of Lawrence

District Court, D. Massachusetts · Mar 27, 2019

That section, titled “Establishment of a personnel department,” states as follows: 1.1 Purpose. … Here, the exhibits to the complaint itself clearly show that Bozkurt was given two warnings and permitted to defend himself at a disciplinary hearing before the city terminated his employment.

Buston v. Zoll Medical Corp.

31 Mass. L. Rptr. 479 · Massachusetts Superior Court · Mar 15, 2013

If the parties agreed that non-tendering shareholders shall have appraisal rights under §13, that should be clearly stated. … Disclosures of questionable qualify have yielded much lower awards”).

Commonwealth v. Whitman

453 Mass. 331 · Massachusetts Supreme Judicial Court · Mar 6, 2009

Rogers’s determination were the following factors: the defendant heard voices only inside his head (not outside); the defendant experienced no delusions (a false belief that is clearly improbable and not logical); psychosis … This testimony was established at a voir dire of each witness.

In Re P.J. Keating Co.

180 B.R. 18 · United States Bankruptcy Court, D. Massachusetts · Apr 12, 1995

The additional legal fees owed but not paid clearly qualify under this language because the legal services were rendered in the same litigation spawning the initial claim, which had included only sums actually paid out for … That the $150,000 equalled Robert’s salary does not establish the payment was severance pay. The settlement agreement, moreover, provided for no flat payment whatsoever to John J.