Case law

Sjoberg's Case

18 Mass. App. Ct. 1 · Massachusetts Appeals Court · Apr 13, 1984

Co. v. Industrial Commn., 16 Ariz. App. at 278 . Cf. Devlin v. Iron Works Creek Constr. Corp., 164 Pa. Super. 481, 485-486 (1949); contra, Reeves v. Echota Cotton Mills, 123 Ga. App. 649, 651 (1971). … V, § 2), as now (G.

Crabtree v. Castinetti

94 Mass. App. Ct. 1118 · Massachusetts Appeals Court · Jan 18, 2019

The town's board of selectmen (board), of which the defendants were members, voted to remove Crabtree from his position as town manager. … Crabtree reached a settlement agreement with the town and the board, in which they agreed that the board "shall promptly reinstate" Crabtree as town manager; that the town shall make Crabtree "whole" for lost back pay, stipends

Commonwealth v. Real

19 Mass. App. Ct. 906 · Massachusetts Appeals Court · Nov 29, 1984

See Commonwealth v. Brown, 364 Mass. 471, 478-480 (1973); Commonwealth v. Moore, 379 Mass. 106, 111 (1979); Walker v. Butterworth, 457 F.Supp. 1233, 1239 (D. … At the time of Real’s trial, June 13, 1979, the rule in Moore , although perhaps foreseeable in view of Brown , had not been enunciated.

Moynihan v. Town of Arlington

6 Mass. App. Ct. 960 · Massachusetts Appeals Court · Dec 27, 1978

The plaintiff applied to the Arlington retirement board in 1975 for an annuity under G. … See Commonwealth v. Gove, 366 Mass. 351, 354 (1974), citing Commissioner of Corps. & Taxn. v. Chilton Club, 318 Mass. 285, 288 (1945).

Commonwealth v. Ramos

6 Mass. App. Ct. 955 · Massachusetts Appeals Court · Dec 20, 1978

The defendant’s actions in grabbing at the money while the victim resisted by tugging back constituted an assault (see Commonwealth v. Slaney, 345 Mass. 135, 138, 140 [1962]; Commonwealth v. Shaffer, 2 Mass. App. … Commonwealth v. Ordway, 12 Cush. 270 [1853]) with sufficient "force and violence” (see Commonwealth v. Jones, 362 Mass. 83, 89 [1972]; Commonwealth v. Brown, 2 Mass. App.

Town of Tisbury v. Martha's Vineyard Commission

27 Mass. App. Ct. 1204 · Massachusetts Appeals Court · Oct 6, 1989

See Building Inspector of Mansfield v. Curvin, 22 Mass. App. Ct. 401 (1986) (ruling that c. 40A, § 3, allows the operation of a piggery otherwise prohibited by town by-law); Steege v. Board of Appeals of Stow, 26 Mass. … See Jackson v.

Amdahl Corp. v. Bureau of Systems Policy & Planning

26 Mass. App. Ct. 991 · Massachusetts Appeals Court · Nov 9, 1988

“Th[e trial] court is not empowered to direct an administrative board how to perform its public duties.” Berman v. Board of Registration in Medicine, 355 Mass. 358, 360 (1969). … With respect to the above conclusions, we think that the selection board evaluated all bids on a “common footing,” as required by the case law. See Interstate Engr. Corp. v.

Commonwealth v. Johnson

58 Mass. App. Ct. 12 · Massachusetts Appeals Court · May 1, 2003

v. … Commonwealth v.

Commonwealth v. S.M.F.

40 Mass. App. Ct. 42 · Massachusetts Appeals Court · Feb 7, 1996

See Police Commr. of Boston v. … See Walker v. Board of Appeals of Harwich, 388 Mass. 42, 47-49 (1983); Department of Rev. v. Jarvenpaa, 404 Mass. 177, 180-181 (1989). Jane Doe and S.M.F. looked wholly unlike each other. Commonwealth v.

Hutton v. Superintendent, Massachusetts Correctional Institution, Norfolk

45 Mass. App. Ct. 304 · Massachusetts Appeals Court · Aug 13, 1998

Liability of the department and the board. An action for damages may be the most realistic and effective redress against lawless and abusive governmental action. Harlow v. Fitzgerald, 457 U.S. 800, 814 (1982). … Anderson v. Creighton, supra. See Duarte v. Healy, 405 Mass. 43, 46-47 (1989); Martino v. Hogan, 37 Mass. App. Ct. 710, 718-719 (1994). Compare Breault v.

Commonwealth v. Mitchell

95 Mass. App. Ct. 406 · Massachusetts Appeals Court · Jun 5, 2019

Thus, although the judge did not have 4 The Supreme Judicial Court decided Brown after granting further appellate review of our decision in Commonwealth v. Brown, 91 Mass. App. … Commonwealth v. Brown, 479 Mass. 600, 601 (2018).7 See Commonwealth v. Johnson, 461 Mass. 44, 52- 53 (2011).

International Brotherhood of Police Officers v. Labor Relations Commission

11 Mass. App. Ct. 269 · Massachusetts Appeals Court · Jan 29, 1981

Bd. of Educ. v. Doyle, 429 U.S. 274, 285-287 (1977); NLRB v. Lowell Sun Publishing Co., 320 F.2d 835, 841 (1st Cir. 1963) and 842 (Aldrich, J., concurring); Coletti’s Furniture, Inc. v. … of the Board of Selectmen against any patrolman because of any union affiliation on his or her part.”

Commonwealth v. Gagliardi

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

Without prior notification the defendant appeared with his counsel as the jurors were boarding a bus for a view. The judge refused to allow the defendant to board. … (Rule 6 was amended in 1989, but the amendment did not change the language quoted in the text.) 12 The foundation requirements for showing recent contrivance are set out in Commonwealth v. Brown, 11 Mass. App.

Murphy v. Kotlik

34 Mass. App. Ct. 410 · Massachusetts Appeals Court · Apr 28, 1993

of appeals to revoke the permit, but the board confirmed it. … See Woods v. Allied Concord Financial Corp., 373 F.2d 733, 734 (5th Cir. 1967), interpreting Fed.R.Civ.P. 6(b), cited in Smith & Zobel, Rules Practice § 56.5, at 353 (1977 & Supp. 1993). Contrast USTrust Co. v.

Diamond v. Pappathanasi

78 Mass. App. Ct. 77 · Massachusetts Appeals Court · Oct 15, 2010

or that might be mooted by subsequent board action[,] . . . provides an opportunity for the board to determine if it will pursue other remedies or take other appropriate corrective actions [,] . . . … See generally Harhen v. Brown, 431 Mass. at 844 (distinguishing between “demand excused” cases and “demand refused” cases).

Dickey v. Warren

75 Mass. App. Ct. 585 · Massachusetts Appeals Court · Oct 28, 2009

Citing Kobrin v. … See, e.g., Duracraft Corp. v. Holmes Prod. Corp., 427 Mass. 156, 161 (1998); Baker v. Parsons, 434 Mass. 543, 553-554 (2001); Office One, Inc. v. Lopez, 437 Mass. 113, 122 (2002); Kobrin v.

Filippone v. Mayor of Newton

16 Mass. App. Ct. 417 · Massachusetts Appeals Court · Jul 28, 1983

Co. v. Board of Educ. of N.Y., 264 A.D. 73, 74-75 (N.Y. 1942) (indemnification of teacher by school board inures only to benefit of teacher, not to insurer which paid judgment). See also A. & B. … Wauwatosa Bd. of Educ., 88 Wis. 2d 385, 390-394 (1979) (indemnity of teacher by school board limited by statute to amount in excess of insurance). But see Bridewell v. Board of Educ. of Shawnee, 2 Ill.

Cabral's Case

18 Mass. App. Ct. 141 · Massachusetts Appeals Court · May 23, 1984

On August 20, 1982, the employee caused the case to come before a single member of the Industrial Accident Board (board) under the conference procedure of G. L. c. 152, § 7, as amended by St. 1980, c. 283. … Commonwealth v. Winer , 380 Mass, at 935, quoting from Cobbledick v.

Reliance Insurance v. Commissioner of Insurance

31 Mass. App. Ct. 581 · Massachusetts Appeals Court · Nov 22, 1991

“Where the contention is that [a] board is acting beyond its jurisdiction, the board should have an opportunity to ascertain the facts and decide the question for itself.” Saint Luke’s Hosp. v. … This case is analogous to Gill v. Board of Registration of Psychologists , 399 Mass, at 724-729.

Commonwealth v. Smith

75 Mass. App. Ct. 196 · Massachusetts Appeals Court · Sep 4, 2009

Commonwealth v. Brown, 451 Mass. 200, 205 (2008), citing Commonwealth v. … See Commonwealth v. Pagan, 440 Mass. 84, 93 (2003); Commonwealth v. Stokes, 440 Mass. 741, 746-747 (2004); Brown, supra.