Case law

Carter v. Empire Mutual Insurance

6 Mass. App. Ct. 114 · Massachusetts Appeals Court · Mar 23, 1978

*131 Brown, J. (concurring). I fully concur in the majority opinion. In addition to my usual disdain for those litigants with unclean hands seeking equity (compare Tele-transmissions, Inc. v. David, 5 Mass. App. … Ct. 864, 865 [1977] [Brown, J., concurring]), I find the defendants’ contentions as unconvincing as their acts are unconscionable.

Commonwealth v. Proia

Massachusetts Appeals Court · Jul 27, 2020

Commonwealth v. Alvarez, 480 Mass. 1017, 1019 n.4 (2018). Accord Bendelow v. … Thus, in Commonwealth v.

Commonwealth v. Fanara

47 Mass. App. Ct. 560 · Massachusetts Appeals Court · Aug 13, 1999

Lena testified on direct examination that she reported Fanara to the Board of Registration of Chiropractors (board) in May, 1993. 3 Defense counsel cross-examined Lena as to the details of her complaints to the board and … so, defense counsel used details of Lena’s report to the board to which she had not testified on direct examination.

Commonwealth v. Leavitt

21 Mass. App. Ct. 84 · Massachusetts Appeals Court · Nov 5, 1985

*85 Brown, J. The defendant was convicted of perjury arising from her testimony before a grand jury. 1 In her capacity as president of Hospital Equipment Services, Inc. … Commonwealth v. Markham, 10 Mass. App. Ct. at 654 . Commonwealth v. DeChristoforo, 360 Mass. 531, 542-543 (1971). Commonwealth v. Brown, 378 Mass. 165, 171 (1979).

Commonwealth v. Bregnard

3 Mass. App. Ct. 489 · Massachusetts Appeals Court · Sep 17, 1975

Brown, 367 Mass. 24, 32 (1975), in which the charge gave “the impression that acquittal was not a real alternative”; nor did it vitiate the rest of the charge. … See also Commonwealth v. Pleasant, 366 Mass. 100, 105 (1974) , and Commonwealth v. Brown, 367 Mass. 24, 31 (1975) (disapproval of references to cost of retrial). Cf. Commonwealth v. Salemme, ante, 102, 107-108 (1975).

Clark & Clark Hotel Corp. v. Building Inspector of Falmouth

20 Mass. App. Ct. 206 · Massachusetts Appeals Court · Jun 13, 1985

L. c. 240, § 14A, without appealing the denial of the permit to the board of appeals as provided in c. 40A. … “Courts must be careful not to invade the province of an administrative board,” Gordon, 361 Mass. at 586 , quoting from St. Luke’s Hosp. v.

Cohen v. Hurley

20 Mass. App. Ct. 439 · Massachusetts Appeals Court · Jul 23, 1985

Such an action goes against the planning board, but, as might be expected, the trust, as protagonist of the subdivision project, intervened as a party defendant. … L. c. 231, § 59A) and resulted in a complete vindication of the planning board’s decision and correspondingly of the position of the trust.

Mugford's Case

45 Mass. App. Ct. 928 · Massachusetts Appeals Court · Nov 13, 1998

The insurer appealed to the reviewing board solely on the issue of the applicability of § 51 A; the reviewing board affirmed the corrected decision of the administrative judge. … The case is before this court on the insurer’s appeal from the decision of the reviewing board.

Burke v. Toothaker

1 Mass. App. Ct. 234 · Massachusetts Appeals Court · Apr 17, 1973

See Pritchard v. Mabrey, 358 Mass. 137, 140-145 . They point to cases (such as Boutlier v. Malden, 226 Mass. 479, 489-490 ; Sughrue v. Booth, 231 Mass. 538, 539 ; Sarna v. … See Mikaelian v. Palaza, 300 Mass. 354, 355-356 ; Rossi v. DelDuca, 344 Mass. 66, 68, 69 .

McKenna v. Begin

3 Mass. App. Ct. 168 · Massachusetts Appeals Court · Apr 4, 1975

The Superior *169 Court judge ordered the tenant to vacate the premises, which had been condemned by the local board of health, and ordered that the landlord refrain from letting the premises unless board of health permission … See Boston Housing Authy. v.

Pinkowitz v. Edinburg

22 Mass. App. Ct. 180 · Massachusetts Appeals Court · May 19, 1986

Brown, J. (concurring). I fully agree with the court’s con- clusion that the defendants’ arguments are without substance. … See Kennedy v. Kennedy, 20 Mass. App. Ct. 559, 564 (1985) (Brown, J., concurring). Double costs and substantial counsel fees on appeal are certainly warranted here.

Commonwealth v. Payne

33 Mass. App. Ct. 553 · Massachusetts Appeals Court · Nov 10, 1992

*558 Brown, J. (concurring). The short answer to the defendant’s contention here is that “a deal is a deal.” The Commonwealth maintained that the defendant stole in excess of $300,000 of the public’s money. … Commonwealth v. Leavitt, 17 Mass. App. Ct. 585, 597 (1984) (Brown, J., concurring). As we said in the Leavitt case, if people commit those kinds of crimes, they must be prepared to do some jail time.

Commonwealth v. Kaste

4 Mass. App. Ct. 589 · Massachusetts Appeals Court · Oct 13, 1976

Compare Commonwealth v. Beneficial Fin. Co. 360 Mass. 188, 302 (1971), cert. den. sub nom. Farrell v. Massachusetts, 407 U. S. 910 , and sub nom. Beneficial Fin. Co. v. Massachusetts, 407 U. S. 914 (1972). … Marra v. Botta Corp. 356 Mass. 569, 572-573 (1970). See Commonwealth v. Binkiewicz, 339 Mass. 590, 591 (1959).

Xudong Yang's Case

95 Mass. App. Ct. 749 · Massachusetts Appeals Court · Aug 13, 2019

See Murphy v. Commissioner of the Dep't of Indus. Accs., 415 Mass. 218, 223 (1993). 5 The reviewing board is a panel of three administrative law judges. See G. L. c. 23E, § 5; Murphy v. … Co. v.

Federico v. Brockton Credit Union

39 Mass. App. Ct. 57 · Massachusetts Appeals Court · Aug 4, 1995

Langley v. Federal Deposit Ins. Corp., 484 U.S. at 93 , and Savoy v. White, 788 F. Supp. 69, 73 (D. … Langley v. Federal Deposit Ins.

Paine v. Sexton

88 Mass. App. Ct. 389 · Massachusetts Appeals Court · Sep 23, 2015

See Cowden v. Cutting, 339 Mass. 164, 168 (1959); Senn v. Western Mass. Elec. Co., supra. … See Kershaw v. Zecchini, 342 Mass. 318, 321 (1961); Lebel v. Nelson, 29 Mass. App.

Travers v. Commonwealth

13 Mass. App. Ct. 924 · Massachusetts Appeals Court · Feb 3, 1982

Commonwealth v. McHoul, 372 Mass. 11, 14 (1977). Commonwealth v. Lamb, 372 Mass. 17, 23-24 (1977). See Andrews, petitioner, supra at 486, and Commonwealth v. Travis, supra at 250 , both quoting from Speiser v. … Commonwealth v. Travis, supra at 248 . Conlan v. Commonwealth, 383 Mass. 871, 872 (1981).

Commonwealth v. Perrot

38 Mass. App. Ct. 478 · Massachusetts Appeals Court · May 3, 1995

See Commonwealth v. … The proper remedy in this case is to refer the matter to the Board of Bar Overseers for whatever action that Board may find to be appropriate. That will be done.”

Leominster Materials Corp. v. Town of Lancaster

56 Mass. App. Ct. 820 · Massachusetts Appeals Court · Dec 20, 2002

McKenney v. … Federman v. Board of Appeals of Marblehead, 35 Mass. App. Ct. 727, 729 (1994).

Sousa v. Davenport

3 Mass. App. Ct. 715 · Massachusetts Appeals Court · Feb 28, 1975

Muchnick v. Post Publishing Co. 332 Mass. 304, 305 (1955). … Miller v. Parish, 8 Pick. 384 (1829). Brown v. Nickerson, 5 Gray 1 (1855). See Lynch v. Lyons, 303 Mass. 116, 118-119 (1939), and Stone v. Essex County Newspapers, 365 Mass. 246, 249-250 (1974).