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· 2/5/1981

Labor Relations Commission v. Fall River Educators Ass'n

Citations

  • 416 N.E.2d 1340
  • 382 Mass. 465
  • 1981 Mass. LEXIS 1086

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • refusal to testify on matters peculiarly within knowledge of witness warrants adverse inference, even if party with control of witness did not have burden of proof
  • a fine imposed for each day’s continued contempt is appropriate in a civil proceeding despite the fine’s punitive quality because the fine’s primary objective was to compel compliance with a court’s order
  • “Unlike a criminal contempt which is punitive, to vindicate the authority of the court, a civil contempt order is intended to be remedial and for the benefit of an aggrieved party.”
  • judge may impose fines for each day of continued contempt of court's order
  • conditional, coercive orders considered civil contempt
  • applying inference despite burden of proof

Source: CourtListener parenthetical corpus (CC0).

Judges: Hennessey, Kaplan, Wilkins, Liacos, Abrams

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.