Case law

Commonwealth v. Neverson

35 Mass. App. Ct. 913 · Massachusetts Appeals Court · Sep 10, 1993

His first contention is that his motion for a required finding of not guilty was improperly denied because the evidence failed to establish that the injuries that caused death were inflicted during the period 2:00 p.m. to … Judeikis, 327 Mass. 258, 260 [1951]), but we note that the doctor emphatically rejected the thought that a fifty-one percent likelihood might qualify, so it is likely that counsel simply elected not to pursue the point further

O'Connell v. Greenwood

59 Mass. App. Ct. 147 · Massachusetts Appeals Court · Sep 4, 2003

The parents were not married at the time, and on January 12, 1996, the mother brought a complaint to establish that the defendant, Geoffrey O’Connell (father), was the child’s father. … A parent whose actions flout this clear and unequivocal right is not immune from a court’s equitable powers simply because each particular act is not among those listed in the custody order.

Goudreault v. Nine

87 Mass. App. Ct. 304 · Massachusetts Appeals Court · Apr 30, 2015

This area had "clearly increased in size" since the mammogram and ultrasound in July of 2010, in Dr. Yalavarthi's 5 Dr. Yalavarthi is a physician licensed to practice medicine in Missouri. … Ct. 514, 516 9 The relevant standard of care is the one that applies to "the average qualified physician in his or her area of specialty." Medina v. Hochberg, 465 Mass. 102, 106 (2013).

COMMONWEALTH v. TIMOTHY M. LAVIN (and ten companion cases ).

101 Mass. App. Ct. 278 · Massachusetts Appeals Court · Jun 23, 2022

During his trial testimony, the trooper properly qualified his testimony in this manner. … [Note 6] At trial, Bates invoked his privilege against self-incrimination and then testified pursuant to a grant of immunity.

Commonwealth v. Moore

25 Mass. App. Ct. 63 · Massachusetts Appeals Court · Nov 17, 1987

M., the defendant parked her automobile outside a store in Boston and went into the establishment to buy some candy. When she came out of the store she was approached by the victim, who stopped her. … At the conclusion of the voir dire, the judge qualified the witness as an expert in the field of psychiatry.

Jillian's Billiard Club of America, Inc. v. Beloff Billiards, Inc.

35 Mass. App. Ct. 372 · Massachusetts Appeals Court · Sep 24, 1993

The plaintiffs appeal, seeking broader relief; the defendants cross-appeal, claiming the judge’s finding that they misappropriated confidential financial information was clearly erroneous. We affirm the judgment. … The judge ruled that the plaintiffs’ financial information, including accounting procedures, qualified as a trade secret, but concluded that advertising, marketing, and information relating to the type of billiard tables

Donna Bucca v. Commonwealth.

Massachusetts Appeals Court · Feb 8, 2024

The amended complaint does not plausibly allege, nor does Bucca argue, that her work qualified her as a mechanic, workman, or laborer or that she was employed in a penal or 2 charitable … We do not agree with Bucca's reading of the emphasized language as establishing a blanket waiver of sovereign immunity. Rather, as explained in Cook v.

Town of Orange v. Shay

68 Mass. App. Ct. 358 · Massachusetts Appeals Court · Mar 2, 2007

They contend that, in determining otherwise, the judge erred in certain of her rulings of law and made findings of fact that were clearly erroneous. We affirm. Background. … Beals, 154 Mass. 51, 52 (1891). “ [Credibility of a party or other witness who appeared at trial is quintessentially the domain of the trial judge, in which the judge’s assessment is close to immune from reversal on appeal

Dullea v. Massachusetts Bay Transportation Authority

12 Mass. App. Ct. 82 · Massachusetts Appeals Court · Jun 15, 1981

[p]ension [s]ystem established by this [v]ote.” … The remaining jurisdictions considered the promise of a pension, once accepted, as creating an irrevocable contractual commitment to pay the pension which was immune from any modification by the public employer which would

Cable Mills v. Coakley Pierpan Dolan & Collins Insurance Agency

82 Mass. App. Ct. 415 · Massachusetts Appeals Court · Sep 11, 2012

The proposal letter clearly sets out the scope of Barry’s responsibilities for the project and also lists the services that will be performed by others, such as geotechnical and soil testing. … We have concluded, supra, that subcontractors qualify as independent contractors for the purposes of this policy.

California Plant Protection, Inc. v. Zayre Corp.

39 Mass. App. Ct. 627 · Massachusetts Appeals Court · Jan 22, 1996

If CPP is a defined “insurer,” Zayre, as the insured of an insolvent insurer, is also immune from liability for such payment. See the proviso in § 1(2), second par. … CPP may still be a statutory insurer if “the context [in which the term ‘insurer’ is used in c. 175D] clearly requires otherwise.” See § 1, first par; Ferrari v. Toto, 9 Mass. App.

Herrick v. ESSEX REGIONAL RETIREMENT BOARD

77 Mass. App. Ct. 645 · Massachusetts Appeals Court · Sep 10, 2010

“A fundamental and well-established principle of statutory interpretation ‘is that a statute must be interpreted according to the intent of the Legislature ascertained *650 from all its words construed by the ordinary and … Thus, since the antecedent phrases of the statute are separated from the qualifier by commas, the qualifier applies only to the immediate antecedent within the same phrase that was not separated from “without moral turpitude

TLT Construction Corp. v. A. Anthony Tappe & Associates, Inc.

48 Mass. App. Ct. 1 · Massachusetts Appeals Court · Sep 30, 1999

The first prerequisite for claim preclusion was accordingly established by the moving party. b. Identity of causes of action. … We note that the architect did not assert the defense of qualified immunity and we accordingly do not opine as to it.

Johnson Lumber Co. v. Woodscape Homes, Inc.

51 Mass. App. Ct. 323 · Massachusetts Appeals Court · Apr 12, 2001

It argues that the proviso, the second clause of § 24, narrowly qualifies the first clause and is applicable only to the rights and obligations of mortgagees. … We reject this argument for the well-established reasons repeated in the analogous holding of Turner v.

Commonwealth v. Silvester

89 Mass. App. Ct. 350 · Massachusetts Appeals Court · May 2, 2016

testimony may be admitted under these principles, the judge must determine that (1) the witness's claimed lack of memory has been fabricated; (2) the testimony was not coerced, meaning the witness's statement must be clearly … He also received a grant of immunity after the judge determined that he had a valid basis for asserting his right against self- incrimination.

'Abdullah v. Secretary of Public Safety

42 Mass. App. Ct. 387 · Massachusetts Appeals Court · Mar 28, 1997

The defendants also argue that they are entitled to qualified immunity. Unlike pretrial detainees who may not be punished at all, Richardson v. … Upon remand, the defendants may press their entitlement to qualified immunity. As the conditions of ‘Abdullah’s confinement may bear on this question, we do not comment on this issue. See DiMarco v.

Prudential Insurance Co. of America v. Board of Appeals of Westwood

23 Mass. App. Ct. 278 · Massachusetts Appeals Court · Dec 29, 1986

Such a review proceeds in accordance with the well-established principles governing judicial review under G. … Such review “confines the function of the court to its usual and proper function of applying established law to established facts.” Pendergast v. Board of Appeals of Barnstable, 331 Mass. 555, 559 (1954).

In re Adoption Henrietta

92 Mass. App. Ct. 1130 · Massachusetts Appeals Court · Mar 2, 2018

Neither parent challenges as clearly erroneous any finding of fact involving events after March, 2011. … The mother offered three experts: Joel Huberman, qualified as an expert in molecular biology with a focus in genetics; Eli Newberger, qualified as an expert in pediatric medicine and Munchausen syndrome by proxy ; and Frank

Mohamed Kalae v. Honey Pot Hill Orchards, Inc.

Massachusetts Appeals Court · Jul 29, 2025

To qualify for the statute's protection, the owner or operator of the farm must post a warning notice in the manner spelled out in the statute. See id. at 622-623. … Ct. at 622; Centner, The New Pick-Your-Own Statutes: Delineating Limited Immunity from Tort Liability, 30 U. Mich. J.L. Reform 743, 762-763 (1997).

Fortunato v. King Philip Regional School District Committee

10 Mass. App. Ct. 200 · Massachusetts Appeals Court · Jul 2, 1980

Clearly he would not contend that for salary purposes the school year ended two days earlier when the students completed classes, since such a conclusion would have required him to donate two days of service without pay to … board establish a school year of 185 days, while also recommending the amendment in the form in which it now appears).