Case law

Commonwealth v. Silanskas

433 Mass. 678 · Massachusetts Supreme Judicial Court · Apr 13, 2001

Some of the statements were made in the defendant’s presence and thus qualify as adoptive admissions. See Commonwealth v. Babbitt, 430 Mass. 700, 705-706 (2000), and cases cited. … “It is not enough to establish a probability of guilt, even a strong one, based on chances.

Commonwealth v. Millen

289 Mass. 441 · Massachusetts Supreme Judicial Court · Feb 14, 1935

It is a jurisdiction which should be exercised with great caution and only after a solid foundation of fact has been first established. … There is no evidence tending to show that this juror was influenced by the interview had by him with the officer, or that this juror was not properly qualified.

In Re Betz

273 B.R. 313 · United States Bankruptcy Court, D. Massachusetts · Feb 15, 2002

See also, In re Brawn, 138 B.R. at 333 n. 29 (“[Rjesponse to § 522(f) motion qualifies, in and of itself, as the ‘objection’ Rule 4003 requires.”); Premier Capital, Inc. v. DeCarolis, 259 B.R. 467 , 471 n. 8 (1st Cir. … In light of the clearly established precedent in this Circuit, this Court believes that Cetiner has misinterpreted Judge Feeney’s language in Whalen-Ghiffin.

Staples v. Verizon Data Services, LLC

District Court, D. Massachusetts · May 18, 2021

The complaint, however, does not clearly articulate the basis for this claim or whether he is alleging discrimination or retaliation. … To establish a prima facie case under this provision, [Staples] must establish that 1) he engaged in an activity protected by the Workers’ Compensation Act, 2) the defendant was aware of that protected activity,

Holt v. Raytheon Technologies Corporation

District Court, D. Massachusetts · Mar 31, 2022

The plan also establishes the Benefit Appeals Committee to review denied claims. … Under § 1055(a)(1) of ERISA, the default pension option available to married participants of a qualified pension plan is the “Qualified Joint and Survivor Annuity” (“QJSA”).

Baer v. Montachusett Regional Technical School District

District Court, D. Massachusetts · May 17, 2019

Because Counts II and IV are clearly retaliatory claims, the Court will assume that Counts I and III are hostile work environment claims. 1. … Pursuant to the MTCA, a public employer retains immunity for “any claim arising out of an intentional tort, including . . . libel, slander.” Mass. Gen. Laws ch. 258, § 10(c).

Salomon v. Massachusetts Housing Finance Agency

District Court, D. Massachusetts · Mar 21, 2023

At the motion to dismiss stage, a plaintiff “need not establish all elements of the prima facie case” and “must simply allege facts that give rise to a plausible inference that retaliation occurred.” Frith v. … The court concluded based on the facts alleged that the plaintiff’s epilepsy, although “clearly affect[ing] his life,” did not substantially limit his ability to work.

In re 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.

Egenera, Inc. v. Cisco Systems, Inc.

District Court, D. Massachusetts · Feb 5, 2018

Aug. 31, 2004), the court found that the claim term “logic means” described structure because it “clearly refers to a logic circuit.” Likewise, in PCTEL, Inc. v. … Structure disclosed in the specification qualifies as ‘corresponding structure’ if the intrinsic evidence clearly links or associates that structure to the function recited in the claim.

Doe v. City of Boston

District Court, D. Massachusetts · Mar 29, 2024

To the extent that the complaint asserts claims against Patrick Rose, they are clearly timely under § 4C. … To qualify, a defendant’s actions must be “fairly attributable to the state.” Id. at 4 (citing Lugar v. Edmondson Oil Co., 457 U.S. 922, 937 (1982)).

Ginn v. Almy

212 Mass. 486 · Massachusetts Supreme Judicial Court · Jul 1, 1912

The master while not required to report evidence which would substantiate the defendant’s contentions, has reported as to each particular transaction enough of the evidence to present clearly and fully the questions of law … By vote of the directors, who held fifty shares to qualify them for their *503 office, the remainder of the stock was issued to him, and under the terms of the prospectus and subscription sheet prepared and circulated by

Catholic Relief Insurance Co. of America v. Liquor Liability Joint Underwriting Ass'n

8 Mass. L. Rptr. 80 · Massachusetts Superior Court · Dec 22, 1997

As an experienced trial attorney, Flynn was well-qualified to defend the Diocese. His retention commenced on October 13, 1989. 36. … Moreover, the court held that no showing of prejudice was required because “the record clearly established] that Augat’s breach of the voluntary payments provision undermined [the insurer’s ability to protect its interests

Skinner Inc. v. Li

District Court, D. Massachusetts · Jul 7, 2023

For example, defendants argue that “[t]he undisputed facts establish that Skinner’s agent, Karen Keane, directed Skinner employee Mr. … need for a second sale, and the pre-litigation investigations as to the fraudulent and suspicious payments,” which, to the extent that those expenses do not constitute litigation-related costs, plaintiff claims would qualify

In Re Lane

394 B.R. 248 · United States Bankruptcy Court, D. Massachusetts · Aug 19, 2008

$ 0.00 Additional Expense Claims Line 60 $ 3,152.66 ONE: Taxes Line 30 $ 252.03 Health Insurance Line 39 $ 624.26 Involuntary Deductions for Employment Line 32 $ 143.01 Chapter 13 Administrative Expense Line 50 $ 416.62 Qualified … The fact that the final version of the statute does not explicitly incorporate the IRM when a prior draft did establishes that Congress knowingly and intentionally rejected use of the IRM in this context.

Frishman v. Maginn

75 Mass. App. Ct. 103 · Massachusetts Appeals Court · Aug 28, 2009

However, it is well established that a contract violating public policy will not be enforced. A.Z. v. B.Z., 431 Mass. 150, 160 (2000). See Beacon Hill Civic Assn. v. Ristorante Toscano, Inc., supra at 320-321. … Thus, the claim was clearly *119 related to the iBasis contract and it was precisely the sort of claim that was specifically exempted from the Jenzabar settlement agreement.

Brox v. Wood's Hole, Martha's Vineyard and Nantucket Steamship Authority

District Court, D. Massachusetts · Mar 10, 2022

exercise clause of art. 46, § 1, and effectively render the free exercise clause superfluous.”).4 Moreover, not all actions grounded on religious belief qualify … plaintiffs’ § 1983 claims – namely, that the Authority, as a state agency, as well as co-defendant Janice Kennefick, in her official capacity as a state official, are not “persons” within the meaning of § 1983 and thus are immune

In Re Diomed Inc.

394 B.R. 260 · United States Bankruptcy Court, D. Massachusetts · Sep 15, 2008

Clearly Diomed had constitutional standing at every stage without regard to whether or not Endolaser joined in the litigation. But the prudential consideration for standing requires further investigation. Waterman v. … Whether Endolaser can establish a claim for bad faith damages under New York law as part of its rejection claim remains to be determined.

United States v. Goldsmith

432 F. Supp. 2d 161 · District Court, D. Massachusetts · Mar 14, 2006

At the time of his affidavit, no one had paid for the shipping charges, and the bill of lading clearly indicated this. Id. at 104. … The conclusion that Goldsmith did not possess the crate at the relevant times is not qualified by the fact that there is ample evidence to prove that Goldsmith was then conspiring with Gillies to possess the marijuana with

P. B. I. C., Inc. v. Byrne

313 F. Supp. 757 · District Court, D. Massachusetts · May 6, 1970

The Court's efforts to establish a constitutional definition for "obscenity" have, understandably, failed to generate a doctrinal consensus. … However, the commonly applied test involves a three-pronged analysis, most clearly articulated in A Book Named "John Cleland's Memoirs of a Woman of Pleasure" v.

Woods Hole Oceanographic Institution v. ATS Specialized, Inc.

District Court, D. Massachusetts · Aug 20, 2021

His “supplemental” expert report of that analysis was disclosed in April, 2021, which Magistrate Judge Boal found to be untimely for failing to qualify as a supplemental disclosure … Daily Exp., Inc., 659 F.3d 331, 337 (4th Cir. 2011) (“The Carmack Amendment clearly preempts any state statutory or common law claim for indemnification”).