Case law

Bergeson v. Franchi

783 F. Supp. 713 · District Court, D. Massachusetts · Feb 13, 1992

This Court follows the court in O’Connell , and treats defendant Franchi as a co-employee, not as the insured entity that is immune from suit. … As a second exception, Massachusetts courts have imposed liability on an employer for terminating an at-will employee if the method of termination is in violation of a clearly established public policy. See Hobson v.

Commonwealth v. Andrews

403 Mass. 441 · Massachusetts Supreme Judicial Court · Nov 29, 1988

The evidence was clearly relevant to the issue of the credibility of Dawn Squires. There was no error. c. … Judgments affirmed. 2 Carol Sylvester had been granted immunity from prosecution. See G.

Darian v. University of Massachusetts Boston

980 F. Supp. 77 · District Court, D. Massachusetts · Sep 16, 1997

The NVNA also provided immunization clinics, health fairs, and flu climes. … During the period Christian was unable to see patients, she organized an immunization outreach program, ran an immunization clinic, distributed leaflets and flyers, and reviewed and analyzed patient charts. 6 .

Jewett v. Steer

60 Mass. 99 · Massachusetts Supreme Judicial Court · Oct 15, 1850

It is maintained, however, that as the last clause describes the premises granted as having been owned and occupied by Tufts, and as he did not own and occupy the Williams lot, that lot must, upon the established rales of … The whole description must be taken together; the first clause clearly and distinctly describes the premises granted as all the farm and outlands then occupied by Wheaton; thus clearly and unquestionably including the Williams

Howell v. THE ENTERPRISE PUBLISHING COMPANY, LLC.

455 Mass. 641 · Massachusetts Supreme Judicial Court · Jan 7, 2010

The Enterprise published articles on August 25, September 17, and September 19 that included mentions of Howell’s case, and because they touch on official proceedings, we have established that these articles can qualify for … Sack, Defamation § 7.3.2.2.1, at 7-17 (3d ed. 2009) (describing privilege as qualified but generally stronger than other qualified privileges).

Abbott GmbH & Co. v. Centocor Ortho Biotech, Inc.

971 F. Supp. 2d 171 · District Court, D. Massachusetts · Mar 8, 2013

The immune system naturally develops antibodies as a response to foreign antigens in the body. … Here, there was sufficient testimony about the relevance of structure to the claim limitations to establish a clear link between structure and function.

Cummington School of the Arts, Inc. v. Board of Assessors

373 Mass. 597 · Massachusetts Supreme Judicial Court · Nov 4, 1977

To qualify for the exemption, CSA had the burden of establishing not only that the purposes for which it was incorporated are charitable, but also that in actual operation it is a public charity. … The burden of proof is on CSA to establish clearly and unequivocally its right to an exemption (Boston Symphony Orchestra, Inc. v.

Schleissner v. Town of Provincetown

27 Mass. App. Ct. 392 · Massachusetts Appeals Court · May 30, 1989

Bank, 395 Mass. 614, 621-622, 623-624 (1985), is not clearly erroneous. … However, “historically, municipalities have not been immune from liability for creating or maintaining a private nuisance . . .

Price v. Mori

District Court, D. Massachusetts · Feb 1, 2021

Qualified Immunity Even if Sergeant Mori and Officer Johnson did not have probable cause to arrest Price, the officers would be entitled to qualified immunity. … The doctrine of qualified immunity protects “government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

Roche v. American Red Cross

680 F. Supp. 449 · District Court, D. Massachusetts · Jan 29, 1988

“The burden of establishing federal jurisdiction rests with the party seeking removal.” Miller v. Grgurich, 763 F.2d 372, 373 (9th Cir.1985); see also Wilson v. … However, in view of the limited nature of the jurisdiction of the Federal Courts it seems desirable that this right be clearly stated in the Charter.

Egger v. Local 276, Plumbers & Pipefitters Union

644 F. Supp. 795 · District Court, D. Massachusetts · Sep 23, 1986

The initial burden of establishing a prima facie case in employment discrimination suits is not onerous. Texas Department of Community Affairs v. … The rights, privileges and immunities that § 1985(3) vindicates must be found elsewhere. Id.

Hogan v. Byrne

30 Mass. L. Rptr. 2 · Massachusetts Superior Court · Aug 29, 2011

Of necessity, the plaintiff must overcome the Town’s immunity particularly as affirmed in G.L.c. 258, § 10(h) which provides in pertinent part that the MTCA does not apply to: any claim based upon the failure to establish … The facts of that case clearly demonstrate that the officer involved, a State Trooper, had engaged in misconduct and assaultive behavior while performing his duties as a State Trooper.

Kartell v. Blue Shield of Massachusetts, Inc.

384 Mass. 409 · Massachusetts Supreme Judicial Court · Aug 20, 1981

In its analysis of the case, the Court offered two possible rationales for holding private conduct immune from Federal antitrust attack. … L. c. 176B establishes a comprehensive scheme for the public supervision of medical service corporations.”

Pittore v. City of Boston

1987 Mass. App. Div. 12 · Massachusetts District Court, Appellate Division · Feb 5, 1987

Cambridge, 258 Mass. 203, 204-205 (1927).The plaintiffs October 5, 1983 written notice was issued fifty-five days after injury and was thus clearly untimely under the statute. Katz v. Boston, 1979 Mass. App. … We find no merit in the plaintiffs efforts to impress upon c.84 novel public policy exceptions to the notice requirement which were clearly unintended by the Legislature.

Cote-Whitacre v. Department of Public Health

18 Mass. L. Rptr. 190 · Massachusetts Superior Court · Aug 18, 2004

DISCUSSION Under the established test set forth in Packaging Industries Group, Inc. v. … be entitled to all Privileges and Immunities of Citizens in the several States.”

Suarez v. Belli

6 Mass. L. Rptr. 359 · Massachusetts Superior Court · Jan 13, 1997

A summary judgment motion would normally be necessary to determine issues of qualified immunity and the presence or absence of any evidence of a due process violation by Mahoney or Workman. … It is well established that “public officers possess absolute immunity for activities that are intimately associated with the judicial process.” Frazier v. Bailey, 957 F.2d 920 , 931 n. 12 (1st Cir. 1992).

Theisz v. Massachusetts Bay Transportation Authority

Massachusetts Supreme Judicial Court · Dec 12, 2018

Governmental Immunity. Assault and Battery. Negligence, Bus, Employer, Governmental immunity. … In the context of claims of immunity from suit, we have held that the doctrine "applies in cases involving claims of immunity from suit pursuant to G.

Doe1 v. Boston Public Schools

District Court, D. Massachusetts · Mar 1, 2019

Qualified Immunity Gavins argues that she is entitled to qualified immunity because her alleged conduct did not violate a clearly established statutory or constitutional right … Mangino, 873 F.3d 75, 82 (1st Cir. 2017) (“To be sure, ‘the clearly established law’ employed in a qualified immunity analysis ‘must be particularized to the facts of the case.’” (quoting White, 137 S.

Post v. Kaitz

1999 Mass. App. Div. 20 · Massachusetts District Court, Appellate Division · Jan 28, 1999

However, the statute allows an award of interest from the date of the breach or demand, if established. G.Lc. 231, §6C. A review of the record reveals an absence of an established date of demand. … The defendants have not established that the findings were clearly erroneous. 3.

United States v. Ryan

964 F. Supp. 526 · District Court, D. Massachusetts · Mar 28, 1997

Moreover, since the government has the burden of proving that Ryan has the requisite intent necessary to establish obstruction of justice, I cannot so find. 11 While it is not a perfect fit, misprision of felony is the most … In determining whether a defendant qualifies for such a departure, the court should consider, inter alia, whether the defendant “truthfully admitt[ed] the conduct comprising the offense(s) of conviction.”