Legal Opinion

Commonwealth v. Cambridge Housing Authority

Massachusetts Superior Court

Decided October 1, 2009No. 0404538Published

1Opinion of the Court

Fremont-Smith, Thayer, J.

In its motion for summary judgment (docket #68) defendant contends that the April 15, 2003 “Findings of Fact, Rulings of Law and Order for Judgment” of the Boston Housing Court (wherein that Court, after trial, found that Heidi Erickson was not disabled) precludes relitigating that issue in this action.1 If plaintiff cannot prevail on that issue in this Court, it cannot succeed in this case, which requires proof that defendant is liable for violating c. 15IB because it has failed reasonably to accommodate Erickson’s alleged disability by extending the time for her use…

2Cases cited16 opinions

  1. Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
  2. Parsons Steel, Inc. v. First Alabama BankSupreme Court of the United States · 1986
  3. Mesko v. Cabletron System, Inc.Court of Appeals for the First Circuit · 2002
  4. Lloyd T. Griffin v. Robert F. Burns, Etc., Thomas A. McCormickCourt of Appeals for the First Circuit · 1978
  5. Perez Ruiz v. Crespo GuillenCourt of Appeals for the First Circuit · 1994

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