Case law

Commonwealth v. Mienkowski

Massachusetts Appeals Court · Jun 8, 2017

The defendant concedes that there was sufficient evidence that he sent the video to Beth, but asserts that there was insufficient evidence that it qualified as "matter harmful to minors," or that he had specific knowledge … Although the defendant never established the reliability of the Cellebrite report, the judge allowed him substantial leeway in seeking to use it to impeach the Commonwealth's expert's conclusions about the contents of the

Johnson v. Verizon New England, Inc.

23 Mass. L. Rptr. 40 · Massachusetts Superior Court · Aug 22, 2007

Co., 41 Mass.App.Ct. 443, 450 (1996), review denied, 423 Mass. 114 (1996) (statements that plaintiff “had been around for a long time” and that his “bag was getting too heavy” were not clearly connected to age and, without … Thus, she may have an arguable basis to establish that she engaged in protected conduct.

Foxboro Realty Associates LLC v. Foxboro Park, Inc.

7 Mass. L. Rptr. 342 · Massachusetts Superior Court · Apr 25, 1997

By qualifying the “rights” of the occupants subject to which Foxboro Realty Associates was purchasing the Property with the restrictive clause “if any,” Exhibit B to the 1996 P&S reflects that Foxboro Associates and Foxboro … Karefitz, Wekstein and Andelman), establishes that the 1990 Option *349 Agreement did not grant FR1 a leasehold or other property interest.

Vasquez v. Community Health Care, Inc.

32 Mass. L. Rptr. 250 · Massachusetts Superior Court · Jul 7, 2014

Once the moving party “establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts which would establish the existence of a genuine issue of material fact.” … The fundamental issue presented by CSAC’s summary judgment motion is whether the duty of reasonable care that CSAC clearly owed to Doe in its care and treatment of him extends to the plaintiffs as non-patient third parties

Book Mart, Inc. v. Mayor of Boston

4 Mass. Supp. 92 · Massachusetts Superior Court · Dec 20, 1982

IV 1974), and contributors must file with the Federal Election Commission each year in which they independently spend or contribute at ledst one hundred dollars relative to a clearly identified candidate. Id. sec. 437e. … See generally Note, “Developments in the News Media Privilege; Qualified Constitutional Approach Becoming Common Law,” 33 Me. L.

Adoption of Veronique.

Massachusetts Appeals Court · Aug 14, 2024

We do not find either of the judge's conclusions to be clearly erroneous. … This argument has no merit, as the judge's findings on those matters were not clearly erroneous.

Commonwealth v. McCoy

456 Mass. 838 · Massachusetts Supreme Judicial Court · May 20, 2010

rests in the sound discretion of the trial judge, and a determination by the judge that a jury are impartial will not be overturned on appeal in the absence of a clear showing of abuse of discretion or that the finding was clearly … Next, Juror B indicated that the defendant looked familiar, and she may have seen him at a check cashing establishment where she was employed.

Brown v. Juniper Networks, Inc.

District Court, D. Massachusetts · Sep 23, 2019

Mass. 2001) (granting summary judgment on an interference claim where the plaintiff was “clearly informed . . . that her paid leave would run concurrently with her FMLA leave”). … The policy clearly establishes that an employee may concurrently use paid time off during her FMLA leave, which is otherwise unpaid. 6 But even assuming her leave had begun on

Morgan v. Massachusetts Homeland Insurance Co.

Massachusetts Appeals Court · Jan 20, 2017

Homeland claims in its cross appeal that this conclusion, to the extent that it was based on a factual finding, was clearly erroneous, and incorrect as a matter of law. We agree. … Regs. § 133.00 is to "promote the public welfare and safety by establishing fair and uniform standards for the repair of damaged motor vehicles." 211 Code Mass. Regs. § 133.01 (2003).

Zero Stage Capital, Inc. v. Harvard Clinical Technology, Inc.

14 Mass. L. Rptr. 690 · Massachusetts Superior Court · May 16, 2002

He reduced his role to that of treasurer; and established Gargano as the effective chief operating officer and president. The Venture Capital Negotiations of 1996 8. … His opening paragraph summarized the position of MTDC and Zero Stage through the subsequent communication and in the present litigation. *694 I received your letter of August 12 and agree that you clearly do not understand

Caruso v. Delta Air Lines, Inc.

District Court, D. Massachusetts · Mar 9, 2022

Upon his return to Caruso’s room, Lucas testified that he found Caruso sitting in the shower, and clearly intoxicated. … She more clearly articulates the bases of her claims in her opposition to defendant’s pending motion.

Trenwick America Reinsurance Corp. v. Swasey (In re Swasey)

488 B.R. 22 · United States Bankruptcy Court, D. Massachusetts · Feb 14, 2013

A knowing state of mind in connection with a claim of unfair insurance claim settlement exists at least where an insurance company forces an insured to litigate clearly valid claims. … A “knowing breach of contract” could also qualify.

Block & Leviton LLP v. Federal Trade Commission

District Court, D. Massachusetts · Oct 15, 2020

To invoke Exemption 4, “the agency must establish that the withheld records are (1) commercial or financial, (2) obtained from a person, and (3) privileged or confidential.” … FOIA Exemption 6 exempts from disclosure information about individuals in “personnel and medical files and similar files” when disclosure “would constitute a clearly unwarranted invasion of

Commonwealth v. Mattis

Massachusetts Supreme Judicial Court · Jan 11, 2024

He has been qualified as an expert in developmental psychology approximately thirty times. … In Diatchenko I, we did not venture to determine who qualified as a juvenile or look to science to draw the line between childhood and adulthood; instead, we relied on the prefixed line established by society and the

Pineda v. Skinner Services, Inc.

District Court, D. Massachusetts · Aug 8, 2019

However, in the context of this line of questioning, defense counsel did not clearly specify the time period in question. … established the requisite “critical mass” defendants suggest is required.

Beal Bank, SSB v. Waters Edge Limited Partnership

248 B.R. 668 · District Court, D. Massachusetts · Apr 11, 2000

The Maginot line is clearly drawn. … None of these arguments is compelling enough to overcome the clearly erroneous hurdle.

Bergeron Ex Rel. P. Bergeron Nominee Trust v. Ridgewood Securities Corp.

610 F. Supp. 2d 113 · District Court, D. Massachusetts · Mar 31, 2009

Shares of Ridgewood funds were offered only to “qualified” or “accredited” investors having a high net worth. (DF ¶ 7; PR ¶ 7). Bergeron certified to Mr. … These obligations are not clearly defined.

Manshadi v. Laitinen

District Court, D. Massachusetts · Feb 18, 2025

Citizenship and Immigration Services (“USCIS”), confirming that the noncitizen beneficiary qualifies as an eligible family member. … Courts are split as to whether § 1202(b) creates a “nondiscretionary duty” establishing jurisdiction under the APA and MVA. See Conley v. U.S. Dep’t of State, 731 F. Supp. 3d 104, 109 (D.

Langlois v. Hodgson

District Court, D. Massachusetts · Nov 27, 2018

“Essentially, Rule 56[] mandates the entry of summary judgment ‘against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will … Analysis Defendants have moved for summary judgment on grounds of failure to exhaust administrative remedies and qualified immunity.

M.K.C. v. K.G.C.

Massachusetts Appeals Court · Mar 25, 2024

L. c. 235, § 8," as "[t]he statutes serve different purposes," suggesting that § 34A "fills in a gap and provides for interest that would not be otherwise available" because "an order for . . . alimony . . . may not qualify … Ct. 531, 536 (1995) (judge's assessment of credibility "close to immune from reversal on appeal except on the most compelling of showings").