Case law

DeMatteo v. DeMatteo

436 Mass. 18 · Massachusetts Supreme Judicial Court · Feb 8, 2002

He had a substantial ownership interest in his family’s construction business; this and other real estate holdings and investments established him as a man of significant net worth, described more fully below. … The judge did not find that the attorney was not qualified to represent the wife or that she had failed to represent her adequately. Dominick v. Dominick, 18 Mass. App.

Perna v. Martinez

District Court, D. Massachusetts · Mar 31, 2021

The court granted the Massachusetts Trial Court Department and the New Hampshire Department of Corrections’ motions to dismiss on sovereign immunity grounds. See Order [#68]. … Servs., 974 F.3d 1012, 1024 (9th Cir. 2020) (“The right under the Equal Protection Clause to be free from sexual harassment by public officials in the workplace and school contexts is clearly established by our prior case

Thomas v. Town of Salisbury

District Court, D. Massachusetts · Jan 3, 2018

This court granted the defendants’ motion for summary judgment on Count I on the basis that the letter was not protected speech, and that even if it was, Harrington was entitled to qualified immunity. … A most liberal reading of the record establishes that Harrington may have wanted Thomas gone, and may have encouraged St.

Marshall F. Newman v. Santander Bank, N.A.

District Court, D. Massachusetts · Aug 9, 2023

And Santander certainly qualifies as a “person in possession” of property subject to levy. See id. (bank accounts included among property subject to levy). … Although no First Circuit precedent establishes the burden of proof in a wrongful levy suit, other circuits have adopted the following approach: “(1) the plaintiff must show that the IRS filed a levy against property in

Querido v. Barnhart

344 F. Supp. 2d 236 · District Court, D. Massachusetts · Sep 10, 2004

Though Querido has regularly complained of “panic attacks,” there is little in the record to indicate whether any of these alleged attacks qualifies as an episode of decompensation. Although Dr. … Although Querido testified that she had not sought counseling because no one had ever suggested it and she had “never thought of it,” id. at 405, the record clearly shows that both Ms. Lipstock and Dr.

Foley v. Polaroid Corp.

400 Mass. 82 · Massachusetts Supreme Judicial Court · May 21, 1987

More particularly, we consider whether a threat of discharge can constitute the imprisonment required to establish such a claim. … We also have recognized a qualified or conditional privilege "where the publisher and the recipient have a common interest, and the communication is of a kind reasonably calculated to protect or further it." Sheehan v.

In Re Schlichtmann

375 B.R. 41 · United States Bankruptcy Court, D. Massachusetts · Sep 25, 2007

Under the agreement, two funds were to be established and distributed. … The evidence does not rise to the level of establishing either (a) or (b).

Howard v. Merriam

59 Allen 563 · Massachusetts Supreme Judicial Court · Sep 15, 1850

When the owner of land permits a tenant at will to enter and occupy, it must be well known to the parties, because it is a well-established rule of law, that upon a conveyance of the estate the tenancy at will must terminate … But this is clearly *584 settled otherwise by the statute, which provides, “that the person entitled to the premises, may be restored to the possession.”

Teague v. National Railroad Passenger Corp.

708 F. Supp. 1344 · District Court, D. Massachusetts · Feb 21, 1989

Indeed, Buell , which seems clearly to contemplate recovery for at least some negligent inflictions of emotional distress, is irreconcilable with this view. … Three attacks might be mounted. .First, although courts recognize that the FELA extends at least to some intentional torts, some courts have limited which intentional torts qualify.

Baker v. Baker

74 Mass. 101 · Massachusetts Supreme Judicial Court · Mar 15, 1857

We think there are three leading purposes, manifested by the testator, in this will: First, after placing at his wife’s use and disposal furniture, carnages and generally the means of maintaining a household establishment … These phrases are, “ shall descend to his father,” “ to his mother,” to “ his next of kin,” which may be in the ascending or collateral line, as well as the descending; but in these cases these terms so qualify the word “

ARK National Holdings LLC v. WeCampaign LLC

District Court, D. Massachusetts · Dec 15, 2021

Further, the recitation of the elements of a claim, “supported by mere conclusory statements,” is insufficient to establish facial plausibility. Id. … Moreover, the SAC clearly asserts that at the time Youssefian, as WeCampaign’s principal, made the allegedly fraudulent statement, he had “no intention of following through on” his commitment and was in fact

Stagnone

District Court, D. Massachusetts · Sep 10, 2026

Massachusetts recognizes a cause of action for wrongful termination where an at-will employee is discharged in violation of a clearly established public policy. See Butler v. … The complaint does not identify a clearly established public policy supporting such a claim. See id. The substance of Count 14 instead alleges statutory discrimination and retaliation under the ADA and Chapter 151B.

Brodbeck v. Massachusetts Department of Correction

District Court, D. Massachusetts · Jul 23, 2021

Superior Court dismissed Brodbeck’s state law discrimination claims on statute of limitations grounds and dismissed Brodbeck’s Americans with Disabilities Act claims (“ADA”) claims for monetary relief on sovereign immunity … Under the McDonnell Douglas framework, a prima facie case for discrimination for disparate treatment involves: “(1) the plaintiff must be a member of a protected class; (2) she must be qualified for her job; (3) she must

Lerner v. Colman

District Court, D. Massachusetts · Sep 4, 2020

This is not so long a period of time so as to automatically qualify as “continuous.” Cf. Fleet Credit Corp. v. … The ur-example of a single scheme that would qualify comes from H.J.

Kelly v. Riverside Partners, LLC

District Court, D. Massachusetts · Jul 25, 2019

This chain of command establishes Mr. … As noted, only Riverside has established actual damages. A.

Doe v. UMass - Amherst

District Court, D. Massachusetts · Nov 1, 2023

Ward was not qualified to supervise Plaintiff and the arrangement was for the two to be paired. (Id. ¶ 51.) … Therefore, Plaintiff’s claim of defamation based on the DUA letter is clearly untimely. See id.; Mass. Gen. Laws ch. 260, § 4.

Sigel v. Krock

21 Mass. L. Rptr. 367 · Massachusetts Superior Court · Jul 19, 2006

Krock contends that according to the Declaration of Trust Establishing PCRT that the only plaintiff with standing is Manuel Sigel. … He has been qualified to testify as an expert in the field of real estate appraising.

Commonwealth v. Lee Manuel Rios

Massachusetts Supreme Judicial Court · May 14, 2025

On April 2, police established surveillance of the Nursery Street apartment where the defendant, Natalie, Nelson, Torres, and Torres's children were staying. … The FCHC inmate handbook does clearly state, in bold, capitalized letters, "All calls made on the blue [inmate and detainee] telephones except attorney and consulate calls are recorded and subject to monitoring."

Catlin Specially Insurance v. American Superconductor Corp.

32 Mass. L. Rptr. 93 · Massachusetts Superior Court · Jan 29, 2014

“If a statute uses a word which has a definite and well-known meaning at common law, it will be construed with the aid of common-law definitions, unless it clearly appears that it was not so intended.” People v. … The qualifier is especially significant in this case.

Rivera v. Altranais Home Care LLC

District Court, D. Massachusetts · Jan 18, 2022

To establish a claim for failure to reasonably accommodate, “a plaintiff must produce sufficient evidence for a reasonable jury to find that (1) [s]he was disabled within the meaning of the ADA, (2) [s]he was a qualified … Santiago clearly communicating that Plaintiff suffered from anxiety and depression and had asked for an accommodation in the workplace.