Case law

Commonwealth v. Abdelnour

11 Mass. App. Ct. 531 · Massachusetts Appeals Court · Mar 5, 1981

been obtained and later executed upon the defendant’s property, that gaming apparatus had been discovered therein, that subsequent investigation led to indictments against thirteen persons, and that the defendant had been immunized … No assertion has been made that the State police fabricated the informant’s existence, and the defendant appears to concede that the informant’s past experience as reported in the affidavit (note 1, supra) qualified him as

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.

Saxonis v. City of Lynn

62 Mass. App. Ct. 916 · Massachusetts Appeals Court · Nov 8, 2004

However, we agree with the trial judge that Saxonis has failed to identify a “clearly established public policy” violated in either instance. See King v. Driscoll, 418 Mass. 576, 582 (1994). … She has cited no authority, either in statute, case law, or the collective bargaining agreement, establishing such a policy.

Commonwealth v. Blanchette

54 Mass. App. Ct. 165 · Massachusetts Appeals Court · Mar 8, 2002

NiHos Tomich, an experienced forensic psychologist who, as a “qualified examiner,” had previously performed a number of evaluations for sexual dangerousness. … It is to be noted in this regard that expert witnesses are not immune from such judicial scrutiny.

Commonwealth v. Roy

2 Mass. App. Ct. 14 · Massachusetts Appeals Court · Mar 11, 1974

With respect to the statements made to Sergeant Whalen of the homicide unit, our opinion is that the Commonwealth has clearly demonstrated a constitutionally permissible waiver. … Other testimony established that the defendant, who was talkative from the outset, was not misled or coerced by the interrogating officers, was not subjected to lengthy or brutal interrogation, was not incoherent, and was

Lynch v. Andrew

20 Mass. App. Ct. 623 · Massachusetts Appeals Court · Aug 19, 1985

We are disinclined to tamper with a well established solution to the problems of expense and uncertainty in litigating the precise damages in cases of this kind. … It has been the rule in Massachusetts that contract provisions which clearly and reasonably establish liquidated damages should be enforced, if “not so disproportionate to the losses and expenses caused by the defendant’s

Clark v. Mt. Greylock Regional School District

3 Mass. App. Ct. 549 · Massachusetts Appeals Court · Oct 30, 1975

The plaintiff contends that the only vote of the committee that qualified as the statutory vote of demotion occurred on August 22, when he was assigned to a teaching position. … Section 42A establishes the grounds on which a school committee may demote a “tenured” principal. It also establishes procedural safeguards.

Commonwealth v. Gagliardi

29 Mass. App. Ct. 225 · Massachusetts Appeals Court · Sep 19, 1990

Denial of request for instruction on special scrutiny of immunized testimony. The defendant was denied an instruction that the jury should subject to particularly careful scrutiny the testimony of an immunized witness. … The implication of vouching can nevertheless be present with immunized testimony and should be offset in a degree commensurate with the danger. *242 The preferable course for dealing with the immunized witness would be to

Wiska v. St. Stanislaus Social Club, Inc.

7 Mass. App. Ct. 813 · Massachusetts Appeals Court · Jun 26, 1979

Much of the witness’s testimony was excluded or limited by the judge on the ground that the witness was not qualified to give expert testimony on these issues. … A judge has broad discretion to determine whether an expert has the requisite qualifications and knowledge to render an opinion, and his decision will not be reversed unless it was clearly erroneous.

Adoption of Leonard

Massachusetts Appeals Court · Sep 26, 2023

The ICWA is designed "to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families by the establishment of minimum Federal standards for the removal of Indian … Qualified expert witness.

O'Connell v. Vainisi

82 Mass. App. Ct. 688 · Massachusetts Appeals Court · Oct 22, 2012

They have not established beyond speculation any diminution in the value of their property. The plaintiffs have failed to specify how any legally protected interest was damaged by the retaining wall.” … Although the plaintiffs’ deposition testimony in 81 Spooner focused mainly on aesthetic concerns and was “not versed in the terminology of zoning law,” the Supreme Judicial Court concluded that it *692 nevertheless “clearly

State Room, Inc. v. MA-60 State Associates, L.L.C.

84 Mass. App. Ct. 244 · Massachusetts Appeals Court · Sep 13, 2013

Each party would then appoint a qualified independent appraiser; those two would appoint a third qualified appraiser. … Appraisal work and results occurring within those limits, or intra vires, even if allegedly mistaken, remain immune from review.

Whitehall Co. v. Merrimack Valley Distributing Co.

56 Mass. App. Ct. 853 · Massachusetts Appeals Court · Dec 30, 2002

for “State action” immunity from the antitrust laws under the principles articulated by the Supreme Court of the United States in Parker v. … L. c. 138, §§ 25B, 25D, to immunize them from the antitrust laws.

NATALIE B. SAWYER v. COMMISSIONER OF DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE & Another.

Massachusetts Appeals Court · Jul 29, 2024

The amended complaint does not plausibly allege, nor does the plaintiff argue, that her work qualified her as a mechanic, workman, or laborer or that she was employed in a penal or charitable institution. 2 Thus, the … The plaintiff does not argue otherwise. 3 We do not view the emphasized language as establishing a blanket waiver of sovereign immunity. Rather, as explained in Cook v.

Wilson v. Commonwealth

31 Mass. App. Ct. 757 · Massachusetts Appeals Court · Jan 9, 1992

To the extent that the DEQE’s actions may be construed as “willful and malicious,” the Commonwealth is immune from liability from any such intentional acts of its employees. G. L. c. 258, § 10(c). Tilton v. … If so, the plaintiffs, from the outset, have had only qualified rights to their shoreland and have no reasonable investment-backed expectations under which to mount a taking challenge.

Steamboat Realty, LLC v. Zoning Board of Appeal

70 Mass. App. Ct. 601 · Massachusetts Appeals Court · Oct 30, 2007

Indeed, “ [financial hardship to the owner alone is not sufficient to establish ‘substantial hardship’ and thereby justify a variance.” *604 39 Joy Street Condominium Assn. v. … Where Steamboat failed to refute adequately tMs evident increase in height, we cannot fairly say the judge’s finding was clearly erroneous.

Steranko v. Inforex, Inc.

5 Mass. App. Ct. 253 · Massachusetts Appeals Court · Apr 29, 1977

Waiver of breach is an established concept in New York and in contract law generally. Alden Speare’s Sons Co. v. Casein Co. of America, 122 App. Div. 22, 25-26 (N.Y. 1907). Ferguson Contracting Co. v. State, 202 App. … In view of our conclusion that this is not a situation to which the UCC applies, the bank retains its common law immunity against suits by injured shareholders.

Commonwealth v. Bell

83 Mass. App. Ct. 82 · Massachusetts Appeals Court · Jan 11, 2013

In the circumstances of this case, to establish the defendant’s guilt of failure to register as a sex offender in violation of G. … Bell, supra at 414. 6 Focusing on one aspect of his Nevada case, the defendant (as does the dissent) points out that under Nevada law, “when the design of a person to commit a crime is clearly shown, slight acts done in furtherance

Commonwealth v. Sim

39 Mass. App. Ct. 212 · Massachusetts Appeals Court · Aug 31, 1995

After Kun Vorn testified for the prosecution under a grant of immunity, defense counsel, on cross-examination, elicited testimony that could be construed as establishing that the witness did not tell the police the “whole … For a discussion of the need for qualified interpreters, see Supreme Judicial Court Commission to Study Racial and Ethnic Bias in the Courts, Equal Justice 33-53 (1994). Compare Commonwealth v.

Pronghorn, Inc. v. Licensing Board

13 Mass. App. Ct. 70 · Massachusetts Appeals Court · Jan 25, 1982

No charges were made of violations by the licensees, although it was suggested at the July 30 hearing (see note 4, supra) that there was overcrowding in certain licensed establishments during the early morning hours. … The plaintiffs make an additional argument, not developed particularly clearly, that the discretion given local licensing authorities by G.