Case law

Fioravanti v. State Racing Commission

6 Mass. App. Ct. 299 · Massachusetts Appeals Court · Apr 28, 1978

See Finkelstein v. Board of Registration in Optometry, 370 Mass. 476, 478 (1976), and cases cited. … Cliff v. Board of Health of Amesbury, 343 Mass. 58, 62 (1961).

Commonwealth v. Crawford

12 Mass. App. Ct. 776 · Massachusetts Appeals Court · Dec 14, 1981

Zelker, 468 F.2d 159 , 162 n.5 (2d Cir. 1972), cert. denied, 411 U.S. 939 (1973); State v. Brown, 321 A.2d 478, 481, 483 (Me. 1974). Contrast Webb v. Texas, 409 U.S. 95, 97-98 (1972). … We think it not unlikely that counsel made a tactical decision to let Talbert go by the boards.

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).

Wooster v. Abdow Corp.

46 Mass. App. Ct. 665 · Massachusetts Appeals Court · Apr 28, 1999

See Dartt v. Browning-Ferris Indus., Inc. … The court’s observation, in Dartt v. Browning-Ferris Indus., Inc.

Commonwealth v. Flowers

5 Mass. App. Ct. 827 · Massachusetts Appeals Court · May 24, 1977

See Commonwealth v. Kelley, 370 Mass. 147, 149-151 (1976). … The disposition of the motions was governed by such cases as Commonwealth v. Breen, 357 Mass. 441, 447-448 (1970), and Commonwealth v. Drew, 4 Mass. App.

In re Anahid Yapoudjian's Case

93 Mass. App. Ct. 1107 · Massachusetts Appeals Court · Apr 17, 2018

See also Chamberlain v. DeMoulas Mkts ., 14 Mass. Workers' Comp. Rep. 187, 193 (2000). Cf., e.g., Goulet v. Whitin Mach. … See Fabre v. Walton , 441 Mass. 9 , 10-11 (2004). Decision of reviewing board affirmed . 452 Code Mass. Regs. § 1.07 (2017), cited by the insurer, sets forth the requirements applicable to original claims.

Steven Conant's Case

33 Mass. App. Ct. 695 · Massachusetts Appeals Court · Dec 11, 1992

Co. v. Workman’s Compensation Appeals Bd., 65 Cal. 2d 429 (1966); Travelers Ins. Co. v. Workman’s Compensation Appeals Bd., 68 Cal. 2d 7 (1967); Mattel v. Pittman Constr. Co., 248 La. 540 (1965); Bowers v. … Co. v. Workmen’s Compensation Appeals Bd., 65 Cal. 2d at 432 ; Mattel v. Pittman, 248 La. at 545-546 ; and Houle v. Stearns-Rogers Mfg.

Young v. Patukonis

24 Mass. App. Ct. 907 · Massachusetts Appeals Court · May 1, 1987

See McKenna v. Begin, 5 Mass. App. Ct. at 311 ; Brown v. LeClair, 20 Mass. App. Ct. 976, 978 (1985). The judge properly could have disregarded the minor code violations. McKenna, 5 Mass. App. Ct. at 308 . … See Brown v. LeClair, 20 Mass. App. Ct. at 977-978 . E. General Laws c. 93A. Young, as an owner-occupant of a three-family building, whose primary objective is personal, is not subject to G. L. c. 93A.

Green v. Town of Brookline

53 Mass. App. Ct. 120 · Massachusetts Appeals Court · Oct 30, 2001

The town of Brookline (town) appeals from a decision of the reviewing board (board) of the Department of Industrial Accidents (DIA) awarding worker’s compensation benefits for emotional distress to the town’s former employee … Tuper v. North Adams Ambulance Serv., Inc., 428 Mass. 132, 135 (1998), quoting from Stowe v. Bologna, 415 Mass. 20, 22 (1993). See Lopes v. Board of Appeals of Fairhaven, 27 Mass. App. Ct. 754, 755-756 (1989).

Capozzi's Case

4 Mass. App. Ct. 342 · Massachusetts Appeals Court · May 28, 1976

Furlong v. Cronan, 305 Mass. 464, 468 (1940). … Co. v. Hurley, 337 Mass. 150, 155-156 (1958).

Pidge v. Superintendent, Massachusetts Correctional Institution, Cedar Junction

32 Mass. App. Ct. 14 · Massachusetts Appeals Court · Jan 21, 1992

Nickerson v. … Those actions included the disciplinary board’s proceedings and the subsequent classification of the plaintiff by the department review board, *19 with the approval of the superintendent and the Commissioner of Correction

Commonwealth v. Levin

11 Mass. App. Ct. 482 · Massachusetts Appeals Court · Feb 27, 1981

(All the Series B holders were members of the board of directors, and all but Slater were present at the December 22 meeting.) The board voted approval of the additional insurance. … Commonwealth v. Green, 326 Mass. 344, 347-348 (1950). Commonwealth v. Kiernan, 348 Mass. 29, 46 (1964), cert. denied sub nom. Gordon v.

Talbots, Inc. v. Commissioner of Revenue

79 Mass. App. Ct. 159 · Massachusetts Appeals Court · Mar 29, 2011

Co. v. Assessors of Boston, 428 Mass. 236, 240 (1998). … Ct. at 361 (also applying sham transaction doctrine), quoting from Higgins v. Smith, 308 U.S. 473, 478 (1940). Decision of Appellate Tax Board affirmed. As the Supreme Judicial Court explained in Sherwin-Williams Co. v.

In re Karen J. Connors's Case

92 Mass. App. Ct. 1104 · Massachusetts Appeals Court · Sep 5, 2017

The employer's insurer, Indemnity Insurance Company of North America C/O Sedgwick (Indemnity), appeals from a decision of the reviewing board of the Department of Industrial Accidents (board) which, in turn, affirmed the … Co . v. Department of Envtl. Protection , 76 Mass. App. Ct. 639 , 643 (2010) (quotation omitted).

Charles Choate Memorial Hospital v. Commissioner of Public Welfare

13 Mass. App. Ct. 1080 · Massachusetts Appeals Court · May 24, 1982

See Schildhaus v. Moe, 335 F.2d 529, 531 (2d Cir. 1964); Demers v. … Brown, 343 F.2d 427, 428 (1st Cir.), cert. denied, 382 U.S. 818 (1965); Pagan v. *1081 American Airlines, Inc., 534 F.2d 990, 993 (1st Cir. 1976); 7 Moore’s Federal Practice 348, 403 (2d ed. 1982).

Commonwealth v. Stanton

17 Mass. App. Ct. 1 · Massachusetts Appeals Court · Oct 20, 1983

Brown, J. (concurring). I concur, albeit reluctantly. … Ct. 360, 372 (1982) (Brown, J., concurring), S.C. 388 Mass. 749 (1983). Judges are held to a very high standard, and sailing “unnecessarily close to wind” (Commonwealth v.

Vitale v. State Racing Commission

13 Mass. App. Ct. 1025 · Massachusetts Appeals Court · Apr 9, 1982

Compare Arthurs v. Board of Registration in Medicine, 383 Mass. 299 , 309-310 & n.23 (1981), where there was no substantial evidence to support certain findings. … Cohen v. Board of Registration in Pharmacy, 350 Mass. 246, 253 (1966). Courts *1028 only rarely are justified in interfering with the procedures and activities of administrative agencies on the basis of delay alone.

McKinney v. Liberty Mutual Insurance

1 Mass. App. Ct. 569 · Massachusetts Appeals Court · Nov 30, 1973

Stefanski v. Mainway Budget Plan Inc. 326 F. Supp. 138 [S.D. Fla. 1971]) in addition to correspondence releases of the Federal Reserve Board issued pursuant to its responsibility for implementing that act. 15 U. S. … Siegel v. Knott, 316 Mass. 526, 528 (1944). Fabrizio v. U.S. Suzuki Motor Corp. 362 Mass. 873 (1972). These releases, though not legally binding, have been treated as persuasive. Stefanski v.

McCarthy's Case

66 Mass. App. Ct. 541 · Massachusetts Appeals Court · Jun 15, 2006

L. c. 152, § 12(2), from a decision of the reviewing board of the Department of Industrial Accidents (reviewing board) affirming the decision of an administrative judge, including the imposition of a penalty, under the provisions … Co. v. Roberts, 52 Mass. App. Ct. 619, 621 (2001) (“Effective December 24, 1991, ... the Legislature amended G. L. c. 152, § 8(1), thereby providing a statutory penalty for certain late payments”).