Case law

Commonwealth v. Alvarado

36 Mass. App. Ct. 604 · Massachusetts Appeals Court · Jun 3, 1994

The spontaneous utterance must qualify, characterize, and explain the underlying event that prompted the excited utterance.” Ibid. See Commonwealth v. Fuller, 399 Mass. 678 (1987); Commonwealth v. … Here, Quiles’s statements clearly spoke to and described the events that prompted them, and there was ample evidence of their spontaneity.

Bailey v. Shriberg

31 Mass. App. Ct. 277 · Massachusetts Appeals Court · Aug 26, 1991

The proper measure of damages for nuisance is well-established: “If the injury [caused by the nuisance] is continuous but subject to termination by the later act of the wrongdoer, the measure [of damages]' is the lessened … A party is deemed to be a prevailing party under this section if he would qualify as a prevailing party under the corresponding Federal statute, 42 U.S.C. § 1988 (1988). 4 Batchelder v.

Bretton v. State Lottery Commission

41 Mass. App. Ct. 736 · Massachusetts Appeals Court · Nov 26, 1996

It is generally accepted that the Commonwealth cannot be impleaded in its courts except where an act of the Legislature clearly manifests its consent. Morash & Sons, Inc. v. Commonwealth, 363 Mass. 612, 615 (1973). … L. c. 10, § 24, as inserted by St. 1971, c. 813, § 2, and to establish a fluid consisting “of all revenues received from the sale of lottery tickets . . .

A.T. v. C.R.

88 Mass. App. Ct. 532 · Massachusetts Appeals Court · Oct 16, 2015

The plaintiff bears the burden of proving that each of the three qualifying acts was maliciously intended, defined by G. … In finding sufficient evidence for the extension of the order, the judge found that “there [were] clearly three distinct acts of harassment.

Callahan v. A. J. Welch Equipment Corp.

36 Mass. App. Ct. 608 · Massachusetts Appeals Court · Jun 3, 1994

Star Brewing Co., 303 Mass. 53, *614 54 (1939)(party seeking indemnification must establish that it was legally obligated to make payment). The judgment is vacated. … Welch’s claim for contribution against Sutton was dismissed before trial because Sutton, as the plaintiff’s employer, was immune from tort liability based on its payment of workers’ compensation benefits to the plaintiff.

Adoption of Imelda

72 Mass. App. Ct. 354 · Massachusetts Appeals Court · Aug 14, 2008

She argues that the evidence does not clearly and convincingly establish that she is currently unfit. … However, medical staff also noted that the mother had brought the child in for previous immunizations and treatment for asthma and that the child’s immunizations were up to date.

Joanne Mistler v. Lockheed Martin Corporation.

Massachusetts Appeals Court · Jun 11, 2025

The plaintiff does not argue, let alone establish, that an employee's overstatement of 4 We further note that the defendant's disclosure here was made after an internal investigation that generated an over 100- page … that adversely reflects on the integrity or character of a cleared employee, that suggests that his or her ability to safeguard classified information may be impaired, or that his or her access to classified information clearly

Commonwealth v. Flaherty

61 Mass. App. Ct. 776 · Massachusetts Appeals Court · Sep 7, 2004

“The portion of the statement sought to be introduced must ‘qualify or explain the segment’ previously introduced.” Commonwealth v. Richardson, 59 Mass. App. Ct. 94, 99 (2003), quoting from Commonwealth v. … Here, clearly the statements the prosecutor sought to introduce did not clarify, qualify, or explain what defense counsel had earlier elicited.

Shea v. Caritas Carney Hospital, Inc.

79 Mass. App. Ct. 530 · Massachusetts Appeals Court · May 13, 2011

L. c. 123, § 36B, clearly abrogated any common-law duty owed by a mental health professional to a patient. … A statute cannot “be interpreted as effecting a material change in or a repeal of *541 the common law unless the intent to do so is clearly expressed.” Riley v. Davison Constr.

Marco Tammaro v. Stephanie Rauseo.

Massachusetts Appeals Court · Jul 28, 2025

" and that 6 interlocutory orders denying claims of governmental immunity can be appealed under the doctrine of present execution because "[t]he entitlement is an immunity from suit rather … Town of Methuen, 884 F.2d 17, 19 (1st Cir. 1989) (defendants who failed to pursue timely interlocutory appeal on qualified immunity could raise issue on appeal after trial).

Langton v. Secretary of Public Safety

37 Mass. App. Ct. 15 · Massachusetts Appeals Court · Jul 11, 1994

If the psychological examination was a reprisal for making complaints about prison conditions, there may be a “clearly established” constitutional right that was violated. Compare Ross v. … color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen ... to the deprivation of any rights, privileges, or immunities

Liquor Liability Joint Underwriting Ass'n v. Aim Insurance Agency

55 Mass. App. Ct. 715 · Massachusetts Appeals Court · Sep 6, 2002

The LLJUA was free to change the premium if it determined the applicant did not qualify for the requested coverage. … the judge determined that the certification provision, immediately prior to the premium calculation, was connected solely to the applicant who *721 signs the application; her finding on this point, while debatable, is not clearly

Commonwealth v. Connors

95 Mass. App. Ct. 46 · Massachusetts Appeals Court · Mar 11, 2019

Here, video surveillance evidence clearly showed Erazo forcibly pulling the victim into cell twenty-three as the victim resisted. Erazo concedes that the victim did not voluntarily enter the cell. … Erazo claims that Freeman's guilty plea colloquy qualified as an exception to the rule against hearsay because it was a statement against his penal interest.

Commonwealth v. Stephens

25 Mass. App. Ct. 117 · Massachusetts Appeals Court · Dec 2, 1987

In order to establish the specific intent required by that statute, it is not necessary to prove that the defendant had a particular evil or wicked purpose. United States v. … ten years, or both.” 3 “ Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any State, Territory, or District to the deprivation of any rights, privileges, or immunities

I.L. v. ELIZABETH S. TEMIN & Others (And a Companion Case).

Massachusetts Appeals Court · Apr 8, 2024

His reliance on this authority is inapposite, however, because the portion of the decision to which he refers deals with the principle of qualified immunity for law enforcement officers. … Therefore, immunity under G. L. c. 123, § 22, on these grounds applies. Second, the plaintiff argues that McLean is not immune under G.

Gouthro v. Gilgun

12 Mass. App. Ct. 591 · Massachusetts Appeals Court · Nov 12, 1981

“[T]he most repulsive speech enjoys immunity provided it falls short of a deliberate or reckless untruth.” Old Dominion Branch No. 496, National Assn. of Letter Carriers v. … Particularly as Gilgun’s statements were clearly identified as a political advertisement during an apparently heated campaign, they must be considered in light of the hyperbole *595 and rhetoric which normally attend the

In the Matter of the Estate of Galatis

88 Mass. App. Ct. 273 · Massachusetts Appeals Court · Sep 9, 2015

Assessing Galatis’s mental state when the will was signed on February 9 against the backdrop of the medical records was made particularly challenging by the fact that no testimony or other evidence established at what time … During the signing, Skopas asked Galatis to write his signature more clearly, to which Galatis responded, “Leave me alone.” After the signing, according to Skopas, Galatis asked him, “I did everything right, right?”

Skyhook Wireless, Inc. v. Google Inc.

86 Mass. App. Ct. 611 · Massachusetts Appeals Court · Nov 6, 2014

It is undisputed that Skyhook has established the first two elements of each claim. … (1979).17 As previously 17 Section 773 of the Restatement deals with one of several "special situations" in which application of enumerated factors for determining whether interference is improper have produced "clearly

Riffelmacher v. Board of Police Commissioners

27 Mass. App. Ct. 159 · Massachusetts Appeals Court · Mar 24, 1989

L. c. 151B, § 9. “1) Was the plaintiff . . . qualified for the position she sought? … If the reason given was a pretext, the plaintiff need not disprove it in her case, that is, establish that she was not an introvert. See Trustees of Forbes Library v.

Sturdy Memorial Foundation, Inc. v. Board of Assessors

60 Mass. App. Ct. 573 · Massachusetts Appeals Court · Mar 4, 2004

The Foundation claimed it was entitled to abatement because the property qualified for the charitable tax exemption under G. … Clearly, the payment of the bonuses represented a distribution of income to Sturdy’s physician employees that would otherwise have inured to Sturdy.