· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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