Case law

Bradley's Case

46 Mass. App. Ct. 651 · Massachusetts Appeals Court · Apr 22, 1999

Green v. Board of Appeals of Provincetown, 404 Mass. 571, 573 (1989), and cases cited therein. … The order of the reviewing board is affirmed. So ordered.

Commonwealth v. Nolan

16 Mass. App. Ct. 994 · Massachusetts Appeals Court · Sep 29, 1983

See Commonwealth v. Stanton, 2 Mass. App. Ct. 614, 617, 622 (1974); Commonwealth v. Brown, 6 Mass. App. Ct. 844 (1978). … See Commonwealth v. DeMarco, 387 Mass. 481, 482, 484, 487 (1982); Commonwealth v. Johnson, 11 Mass. App.

Petricca Construction Co. v. Commonwealth

37 Mass. App. Ct. 392 · Massachusetts Appeals Court · Oct 5, 1994

Brown, J. (concurring). I have no quarrel with the majority opinion. … See Lovell v. Superintendent, North Central Correctional Inst., 26 Mass. App. Ct. 35, 41 (1988) (Brown, J., concurring). They owe their client, the public, and the profession nothing less than that.

Norway Cafe, Inc. v. Alcoholic Beverages Control Commission

7 Mass. App. Ct. 37 · Massachusetts Appeals Court · Feb 13, 1979

Justice Jackson said in United States v. L.A. … In that case there was objection at the hearing before the single member of the Industrial Accident Board to the admission of evidence on which the reviewing board later relied. See also Boott Mills v.

Ramalhete v. Uni-Royal, Inc.

4 Mass. App. Ct. 597 · Massachusetts Appeals Court · Oct 18, 1976

Milton v. Civil Serv. Commn. 365 Mass. 368, 379 (1974) . 2 The refusal of the trial judge to hear the plaintiff’s claim for an increase in the amount of the award for unreasonable delay in payment was correct. … General Laws c. 152, § 7E, as amended by St. 1972, c. 188, which provides for such an increase, also provides that the aggrieved party seek such an increase from the “board, reviewing board or single member.”

Commonwealth v. Vanderlinde

27 Mass. App. Ct. 1103 · Massachusetts Appeals Court · Mar 2, 1989

As one officer guarded the three occupants, the other reached into the well area and found an open brown bag with a clear plastic bag of cocaine inside. The case was submitted on briefs. … Commonwealth v. Hawkes, 362 Mass. 786, 788 (1973). Commonwealth v. Bacon, 381 Mass. 642, 644 (1980).

Commonwealth v. Lund

5 Mass. App. Ct. 884 · Massachusetts Appeals Court · Nov 1, 1977

See and compare Commonwealth v. Howard, 355 Mass. 526, 530 (1969); Commonwealth v. Bettencourt, 361 Mass. 515, 519 (1972); Commonwealth v. Blow, 370 Mass. 401, 404 (1976). Contrast Commonwealth v. … Roberta Thomas Brown, Legal Assistant to the District Attorney, for the Commonwealth. Judgment affirmed.

Commonwealth v. Jones

9 Mass. App. Ct. 103 · Massachusetts Appeals Court · Feb 4, 1980

Brown, J. (concurring). … See Commonwealth v. Williams, 6 Mass. App. Ct. 923, 923-924 (1978) (Brown, J., concurring). See also School Comm. of New Bedford v. Commissioner of Educ., 349 Mass. 410, 416 (1965).

Dagastino v. Commissioner of Correction

52 Mass. App. Ct. 456 · Massachusetts Appeals Court · Sep 5, 2001

Bowers v. Board of Appeals of Marshfield, 16 Mass. App. Ct. 29, 34 (1983) (citations omitted), quoting from Sancta Maria Hosp. v. Cambridge, 369 Mass. 586, 595 (1976). See Dunne v. Fall River, 328 Mass. 332, 335 (1952). … See O’Blenes v. Zoning Board of Appeals of Lynn, 397 Mass. 555, 558 (1986).

Jablonski v. Casey

64 Mass. App. Ct. 744 · Massachusetts Appeals Court · Oct 13, 2005

Authy. v. … Co. v.

Saraceno v. City of Peabody

1 Mass. App. Ct. 834 · Massachusetts Appeals Court · Jun 21, 1973

Saraceno v. Peabody, 361 Mass. 696 . While the legal arguments propounded by the petitioners in the instant case are different from those presented in the prior case, Saraceno v. … Cleaveland v. Malden Sav. Bank, 291 Mass. 295, 298 . Willett v. Webster, 337 Mass. 98, 102 . See Restatement: Judgments, § 63, especially comment e. The judge below was correct in ordering the petition dismissed.

Hague v. Piva

61 Mass. App. Ct. 223 · Massachusetts Appeals Court · May 24, 2004

See Marino v. Tagaris, 395 Mass. 397, 401 (1985). The statute specifies five reasons upon which a court shall vacate an arbitration award, upon the application of a party. … Rule B.A(3) of the Rules of the Legal Fee Arbitration Board, as amended and effective June 21, 2000 (two days before the second order compelling arbitration, i.e., prior to the arbitration hearing), provides: “The Board shall

Young v. Reed

6 Mass. App. Ct. 18 · Massachusetts Appeals Court · Jan 25, 1978

See Gillingham v. Brown, 178 Mass. 417, 422-424 (1901) (parol representations admissible as bearing on the significance of part payment; see G. L. c. 260, § 14). … See Brown v. Lamb, 414 F.2d 1210 (D.C. Cir. 1969), cert. denied, 397 U.S. 907 (1970). See generally Dawson, Estoppel and Statutes of Limitation, 34 Mich.L.Rev. 1 (1935).

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).

Commonwealth v. Morales

14 Mass. App. Ct. 1034 · Massachusetts Appeals Court · Dec 6, 1982

See Commonwealth v. Dunphy, supra at 459; Commonwealth v. Brown, 10 Mass. App. Ct. 935 (1980). Marianne Marxkors for the defendant. Kevin M. Flynn, Assistant District Attorney, for the Commonwealth. … See Commonwealth v. Seay, supra at 742 .

Grande v. Lahey Clinic Hospital, Inc.

49 Mass. App. Ct. 77 · Massachusetts Appeals Court · Apr 4, 2000

Assn. v. Board of Registration in Med., 401 Mass. 172, 182 (1987), in which the court said that the design of § 204(a) was “to foster aggressive critiquing of medical care by the provider’s peers.” … Assn. v. Board of Registration in Med., supra; Carr v. Howard, supra; Fowles v. Lingos, 30 Mass. App. Ct. 435 , 441 & n.8 (1991); Swatch v. Treat, 41 Mass. App. Ct. 559, 562-563 (1996).

Labor Relations Commission v. Blue Hill Spring Water Co.

11 Mass. App. Ct. 50 · Massachusetts Appeals Court · Dec 19, 1980

The predominant concerns expressed where State board action is overturned involve the coercive effects of the order or determination on the Federal scheme. LaCrosse Tel. Corp. v. … See First Report of Connecticut Labor Relations Board, 19 L.R.R.M. 91 , 91 (1947).

Carifio v. Town of Watertown

27 Mass. App. Ct. 571 · Massachusetts Appeals Court · Jul 17, 1989

See Vasys v. Metropolitan District Commn., 387 Mass. 51, 57 (1982); Lopez v. United States, 758 F.2d 806, 809 (1st Cir. 1985). … of selectmen or executive secretary of the board of selectmen.”

Peterson v. Golden

92 Mass. App. Ct. 1131 · Massachusetts Appeals Court · Mar 6, 2018

Upon learning this the judge notified the parties that Golden's bar discipline may have occurred during his tenure as vice chair of the Board of Bar Overseers (board). … Gleason 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.