Case law

Crown v. Kobrick Offshore Fund, Ltd.

85 Mass. App. Ct. 214 · Massachusetts Appeals Court · Apr 24, 2014

The judge clearly instructed the jury that actual knowledge was required. … In Marram /, 442 Mass, at 55, the court specifically rejected the defendants’ argument they were “immune from the plaintiff’s claims because . . .

Onex Communications Corp. v. Commissioner of Revenue

74 Mass. App. Ct. 643 · Massachusetts Appeals Court · Jul 13, 2009

Provided these latter, clearly manufacturing activities are substantial, the corporation will be entitled to classification as a manufacturing corpora *647 tion, and its R&D purchases, despite their irrelevance to the corporation … qualify, and (2) what constitutes “receipts” in this context.

King v. Shank

92 Mass. App. Ct. 837 · Massachusetts Appeals Court · Mar 2, 2018

The object of election laws is to secure the rights of duly qualified voters, and not to defeat them.' … First, the act provides the elected official with a four-month period of immunity from recall to allow the official to become established in the position. St. 1995, c. 27, § 1.

Commonwealth v. Brown

83 Mass. App. Ct. 772 · Massachusetts Appeals Court · Jun 20, 2013

Ibid, (results of an HGN field sobriety test are not admissible without testimony from a qualified expert). … Ct. 901, 904 (2008) (“The State action requirement of art. 12 is well established. It is governmental, not private, compulsion that is prohibited”).

Falmouth Hospital v. Commissioner of Public Welfare

23 Mass. App. Ct. 545 · Massachusetts Appeals Court · Feb 25, 1987

the hospital’s claim on the ground that Taft was ineligible for assistance: she had resources in excess of $2,000 — a bank account of $4,295.69 — and, according to the department, she must “spend down” before she could qualify … Referring to the general proposition that the Commonwealth may dictate the terms on which it chooses to forgo its sovereign immunity, see C & M Constr. Co. v.

Lee v. Board of Appeals of Harwich

11 Mass. App. Ct. 148 · Massachusetts Appeals Court · Jan 12, 1981

L. c. 40A, § 5A (as amended and in effect in 1972), requiring that when adjacent undersized lots are owned in common such lots must be combined, the three lots on the plan may not have qualified as separate lots in 1966, … The purpose of this conveyancing maneuver is to retain for all lots in a subdivision certain immunities against future zoning changes and mandated changes in the subdivision plan (see, for example, G.

Tosi v. Boston Rent Control Board

13 Mass. App. Ct. 921 · Massachusetts Appeals Court · Feb 1, 1982

In addition, the landlord was not able to establish that the six units and the building were substantially as good as new after rehabilitation. … The judge’s findings are supported by the evidence, and thus cannot be deemed clearly erroneous.

Mauri v. Zoning Board of Appeals

83 Mass. App. Ct. 336 · Massachusetts Appeals Court · Feb 22, 2013

LLC), clearly establishes that abutters raising unrefuted issues related to overcrowding have standing to challenge further construction in an already overly dense zoning district. See Dwyer v. Gallo, 73 Mass. App. … Although espoused in terms of privacy concerns, the deposition testimony of Maureen Mauri clearly indicates that she is aggrieved by construction of a dwelling which she contends violates the density provisions of the zoning

Commonwealth v. Rezendes

88 Mass. App. Ct. 369 · Massachusetts Appeals Court · Sep 17, 2015

5 qualify as a predicate offense to support a conviction as an armed career criminal under G. … qualify as both a dangerous and a deadly weapon.

Feeley v. Baer

41 Mass. App. Ct. 239 · Massachusetts Appeals Court · Sep 3, 1996

“So clearly, the risk to the mother is very small with induction of labor, and clearly the risk of waiting is one of infection.” … physician or, in the case of a specialty, by the average qualified physician practicing that specialty.”

Schwalm v. Schwalm

Massachusetts Appeals Court · Jul 7, 2023

Because the MUTC was effective six years before the trust was established, we assume William was aware of the relevant aspects of the MUTC as it related to the trustee's obligations to the trust beneficiaries. … Here, we conclude, and the parties agree, that the children are not qualified beneficiaries, and they will not be so qualified until Karen's death.

Bruno v. Board of Appeals

62 Mass. App. Ct. 527 · Massachusetts Appeals Court · Nov 29, 2004

Ct. at 59 , where this court stated that “the by-law, by utilizing separate chapters, clearly differentiates between processing of applications for site plan review and applications for special permits.” … that immunity and the fact that the “noncompliance [was] not highly significant.”

Cruz v. Commonwealth

Massachusetts Appeals Court · Jun 7, 2023

To do so, "the Commonwealth has granted a limited waiver of its sovereign immunity under the erroneous convictions statute to that class of claimants who establish that they are eligible for relief." … Indeed, it says, clearly mistakenly, Cruz's "overturned convictions are not probative of his actual innocence." Ante at . And the court majority goes further.

Rosati v. Boston Pipe Covering, Inc.

47 Mass. App. Ct. 121 · Massachusetts Appeals Court · Jun 14, 1999

L. c. 149, § 27, is certainly a suit “between two [or more] persons which clearly sets forth a controversy concerning property.” Id. at 223. … In Whalen , the court concluded that the erroneous denial of a jury trial was not prejudicial because the record clearly established that the plaintiff was not a “qualified handicapped person” who could bring a cause of action

Jarry v. Corsaro

40 Mass. App. Ct. 601 · Massachusetts Appeals Court · Jun 26, 1996

Although the standards of care for general practitioners and specialists have been clearly established under Massachusetts law, Brune v. … Anti: “Judge, you are going to clearly indicate to the jury each separate defendant.”

Hollup v. Worcester Retirement Board

Massachusetts Appeals Court · Aug 25, 2023

The DALA magistrate concluded that Hollup had met his burden of proving that he qualified for accidental disability retirement benefits as a result of the September 14, 2004, head injury. … The factual findings made by a DALA administrative magistrate are not immune from review and even reversal by CRAB.

Commonwealth v. Dube

59 Mass. App. Ct. 476 · Massachusetts Appeals Court · Oct 3, 2003

Ct. 234 (1973) (as an intermediate appellate court, Appeals Court does not alter established rules of law); Gerber v. Worcester, 1 Mass. App. … But while the case is pending here, candor toward this tribunal requires frank recognition of clearly settled limitations on judicial power, not advocacy of unprincipled and essentially lawless results.

Cornwall v. Forger

27 Mass. App. Ct. 336 · Massachusetts Appeals Court · May 22, 1989

Perhaps it would be salutary if, after a certain time, a chain of title based on a recorded deed were immune to collateral attack. … Revision of established law concerning periods of limitation is, however, a task properly within the province of the Legislature. 6 The Land Court judge rightly decided that the plaintiffs had not established an ownership

Miller v. Commissioner of Correction

36 Mass. App. Ct. 114 · Massachusetts Appeals Court · Feb 28, 1994

A claim meets the test unless “it is obviously without merit or ... its unsoundness so clearly results from the previous decisions of [the Supreme Court] as to foreclose the subject and leave no room for the inference that … Prisoners have a “liberty interest” in “uncensored communication by letter . . . even though qualified of necessity by the circumstances of imprisonment.” Champagne v.

Foley v. Foley

27 Mass. App. Ct. 221 · Massachusetts Appeals Court · Apr 25, 1989

Therefore we are unable to assess whether the judge’s findings of fact [as to counsel fees] are clearly erroneous.” Connolly v. Connolly, 400 Mass. 1002, 1003 (1987). 4. … trial, had been qualified in the Plymouth County Probate Court to appraise a retail rug business.