view factors in Massachusetts

1998Rather, we stated that in the circumstances of the Allen case, “the trial judge took too rigid a view of the factors listed in Wormstead. 15 Mass. App. Ct. at 1009 .

1986This court reversed a trial judge for taking “too rigid a view of the factors listed in the Wormstead case” in Allen v. Selectmen of Weymouth, 15 Mass. App. Ct. 1009, 1010 (1983), where a police officer on a day off was injured while returning to his home after testifying at the request of his supervisors.

2025We defer to the judge's view that defense counsel's cross-examination "likely" led the jury "to a result that lacks reasonable support in the evidence." See Gath v. M/A-Com, Inc., 440 Mass. 482, 495 (2003).

2017See Bessette v. Bessette, 385 Mass. 806, 809 (1982). 15 Moreover, if the plaintiffs had filed suit after having made such a demand that was rejected, and it appeared that the proposed merger might likely be completed while the suit was pending, the plaintiffs could have sought preliminary injunctive relief. 16 In that regard, it is important to keep in mind that a stockholder’s derivative action is equitable in nature, and “[e]quitable considerations are relevant.” Martin v. F.S.

2010See, e.g., Gossels v. Fleet Nat’l Bank, 69 Mass.App.Ct. 797, 803 (2007) (relationship established by statute rather than agreement supports conclusion that claim is tort, not contract).

2009See Commonwealth v. Roth, 437 Mass. 777 , 794 n.14 (2002); People v. Mays, 407 Mich. 619, 621-623 (1980).

2009See Commonwealth v. Roth, 437 Mass. 777 , 794 n.14 (2002); People v. Mays, 407 Mich. 619, 621-623 (1980).

2007Compare Kirley v. Kirley, 25 Mass. App. Ct. 651, 653 (1988).

2007LEXIS 64499 , *18 (E.D.Tex. 2006) (“Of note is the FDA’s view that a claim is preempted if the FDA determined that the warning is not supported by the evidence before the FDA”); Colacicco, 432 F.Sup.2d at 527 (“FDA specifically and repeatedly rejected claims [for a labeling change] . . . [and found] no reasonable evidence to support. . . any such warning” (emphasis added)); Dowal v. Smithline Beecham Consumer Healthcare, 32 Cal.4th 910, 920 (Cal. 2004) (plaintiffs case preempted by federal law when defendant asked the FDA for permission to change the label and the FDA denied the request).

1998See, e.g., Gardner v. Peabody, 23 Mass. App. Ct. 168, 174 (1986), where we did use the Wormstead factors in reaching our decision.

1991In Commonwealth v. Young, 401 Mass. 390, 398 (1987), we adopted the rule that a judge must conduct an individual voir dire of prospective jurors on the issue of racial prejudice in cases involving interracial murder.

1989Ct. App. 1986) (but see also Philpot v. Bouchelle, 411 So. 2d 1341, 1344 [Fla. Dist.

1989The following exemplify the view that a waiver may be found notwithstanding an antiwaiver provision in a lease or other contract relating to land: Dillingham Commercial Co. v. Spears, 641 P.2d 1, 7-8 (Alaska 1982); Entrepreneur, Ltd. v. Yasuna, 498 A.2d 1151, 1163-1164 (D.C. 1985); Protean Investors, Inc. v. Travel, Etc., Inc., 499 So. 2d 49, 50 (Fla. Dist.

1989The following exemplify the view that a waiver may be found notwithstanding an antiwaiver provision in a lease or other contract relating to land: Dillingham Commercial Co. v. Spears, 641 P.2d 1, 7-8 (Alaska 1982); Entrepreneur, Ltd. v. Yasuna, 498 A.2d 1151, 1163-1164 (D.C. 1985); Protean Investors, Inc. v. Travel, Etc., Inc., 499 So. 2d 49, 50 (Fla. Dist.

1989The following exemplify the view that a waiver may be found notwithstanding an antiwaiver provision in a lease or other contract relating to land: Dillingham Commercial Co. v. Spears, 641 P.2d 1, 7-8 (Alaska 1982); Entrepreneur, Ltd. v. Yasuna, 498 A.2d 1151, 1163-1164 (D.C. 1985); Protean Investors, Inc. v. Travel, Etc., Inc., 499 So. 2d 49, 50 (Fla. Dist.

1986See also McElroy’s Case, 397 Mass. 743, 746-750 (1986); Frassa v. Caulfield, 22 Mass. App. Ct. 105, 109-113 (1986).

1986See also McElroy’s Case, 397 Mass. 743, 746-750 (1986); Frassa v. Caulfield, 22 Mass. App. Ct. 105, 109-113 (1986).

1985Co., 383 Mass. 226, 229 (1981) as follows: The essential elements necessary to preclude relitigation of an issue are ‘identity of cause of action and issues, the same parties, and judgment on the merits by a court of competent jurisdiction.’ Franklin v. North Weymouth Coop.

1984As further support for the view that it was error for the trial judge to dismiss the appeal in the present case, see Commonwealth v. Hurley, 391 Mass. 76, 77-80 (1984); Commonwealth v. Richards, 10 Mass. App. Ct. 911 (1980), and 1 Mass. App. Ct. 821 , 822 (1973); Commonwealth v. Brown, 11 Mass. App. Ct. 288, 290-291 (1981). 14 The defendant had a past criminal record.

1984As further support for the view that it was error for the trial judge to dismiss the appeal in the present case, see Commonwealth v. Hurley, 391 Mass. 76, 77-80 (1984); Commonwealth v. Richards, 10 Mass. App. Ct. 911 (1980), and 1 Mass. App. Ct. 821 , 822 (1973); Commonwealth v. Brown, 11 Mass. App. Ct. 288, 290-291 (1981). 14 The defendant had a past criminal record.

1983Whether Sergeant Allen’s accident occurred “in the performance of his duties,” under the principles of the Wormstead case (at 664) is to be determined on the basis of his “employment in all of its aspects,” including the “nature, conditions, obligations or incidents of the employment.” Swasey’s Case, 8 Mass. App. Ct. 489, 493-494 (1979), quoting Papanastassiou’s Case, 362 Mass. 91, 93 (1972).

1983Whether Sergeant Allen’s accident occurred “in the performance of his duties,” under the principles of the Wormstead case (at 664) is to be determined on the basis of his “employment in all of its aspects,” including the “nature, conditions, obligations or incidents of the employment.” Swasey’s Case, 8 Mass. App. Ct. 489, 493-494 (1979), quoting Papanastassiou’s Case, 362 Mass. 91, 93 (1972).

1976Cf. Commonwealth v. Deeran, 364 Mass. 193, 197 (1973).

1976In Keys v. United States, 346 F.2d 824, 826 (D.C.

1976In Keys v. United States, 346 F.2d 824, 826 (D.C.