Case law

Patterson v. Liberty Mutual Insurance

48 Mass. App. Ct. 586 · Massachusetts Appeals Court · Feb 18, 2000

board [was] correct.’ ” Coggin v. … See Kapp v. Ballantine, 380 Mass. 186, 195 (1980); Harnish v. *592 Children’s Hosp. Med. Center, 387 Mass. 152, 159 (1982); Kelley v. Rossi, 395 Mass. 659, 661-663 (1985); Williams v.

Commonwealth v. Chavis

7 Mass. App. Ct. 912 · Massachusetts Appeals Court · May 2, 1979

See Commonwealth v. Denault, supra at 566 . Contrast Commonwealth v. Teta, 358 Mass. 814 (1971); Commonwealth v. Sheridan, 3 Mass. App. Ct. 50, 51 (1975). … Ct. 843, 844 [1977] [Brown, J., concurring]); however, on the record before us, it has not been made to appear that the pre-trial, out-of-court meeting between the victim and the defendant was improperly suggestive or prearranged

George F. Davey, Inc. v. Town of Norton

2 Mass. App. Ct. 190 · Massachusetts Appeals Court · Apr 29, 1974

Compare School Comm. of Springfield v. Board of Educ. 362 Mass. 417, 445-446 (1972); Peace v. … School Comm. of Springfield v. Board of Educ. 362 Mass. 417, 446 (1972).

Sullivan's Case

76 Mass. App. Ct. 26 · Massachusetts Appeals Court · Dec 22, 2009

The board quoted the following passage from Orekoya v. Bank of New England Corp., 14 Mass. Workers’ Comp. … See Lewis v.

Brooks v. School Committee

5 Mass. App. Ct. 158 · Massachusetts Appeals Court · Feb 25, 1977

See Finlay v. Eastern Racing Assn. Inc. 308 Mass. 20, 27 (1941); Paananen v. Rhodes, 1 Mass. App. Ct. 12, 15 (1975), and cases cited. But see Palmer v. … Contrast Board of Educ. v. Assessor of Worcester, 368 Mass. 511, 516-517 (1975).

JACK KRIMKOWITZ v. SERGUEI ALIEV.

102 Mass. App. Ct. 46 · Massachusetts Appeals Court · Dec 20, 2022

[Note 2] The defendant is the president of the condominium trust's board of trustees (board). Following a board meeting in December 2019, the plaintiff approached the defendant with a complaint. … See, e.g., Nyberg v. Wheltle, 101 Mass. App. Ct. 639, 639-640 (2022), quoting Commonwealth v.

Commonwealth v. Esteves

46 Mass. App. Ct. 339 · Massachusetts Appeals Court · Feb 17, 1999

Brown, J. (dissenting). Apart from the unheeded stern admonitions in Commonwealth v. McLeod, 30 Mass. App. Ct. 536 , 541 & n.10 (1991), and numerous other cases, and the not too subtle suggestion in Commonwealth v. … Ct. 495 , 501-503 & n.4 (1994) (Brown, J., dissenting), I would reverse the defendant’s conviction because, for several reasons, I do not think his trial was fair.

Commonwealth v. Olsen

35 Mass. App. Ct. 929 · Massachusetts Appeals Court · Dec 10, 1993

Ct. 452, 457 (1986) (Brown, J., concurring). … Commonwealth v. Freeman, 407 Mass. 279, 283 (1990), quoting from Commonwealth v. Saya, 14 Mass. App. Ct. 509, 516-517 (1982) (Brown, J., concurring).

Sklar v. Beth Israel Deaconess Medical Center

59 Mass. App. Ct. 550 · Massachusetts Appeals Court · Oct 10, 2003

On July 1, 1995, Zadai filed with the Board of Allied Health Professions (board) a complaint alleging violations by the plaintiff of professional standards. … That exception does not apply to “second level hearsay,” such as the patient’s statement to the board’s investigator. See Kelly v. O’Neil, 1 Mass. App. Ct. 313, 318-319 (1973); Building Inspector of Chatham v.

Katz v. Children's Hospital Corp.

33 Mass. App. Ct. 574 · Massachusetts Appeals Court · Nov 16, 1992

L. c. 150C, § 11, and Salem Glass Co. v. … See also Smith v. Allmon, 17 Mass. App. Ct. 712, 715 (1984). 3 See generally Duby v. Baron, 369 Mass. 614, 620 (1976); Duby v. Jordan Hosp., 369 Mass. 626, 630 (1976); Hobson v. McLean Hosp.

Town of Hull v. Massachusetts Commission Against Discrimination

72 Mass. App. Ct. 525 · Massachusetts Appeals Court · Sep 3, 2008

The board, in turn, requested the approval of the chief of Hull’s fire department for Gillis’s reinstatement, which was then required under G. L. c. 32, § 8(2). See Milton v. … Massachusetts Fedn. of Teachers, AFT, AFL-CIO v. Board of Educ., 436 Mass. 763, 773 (2002). See id. at 773-774 , and cases cited.

Jarosz v. Palmer

49 Mass. App. Ct. 834 · Massachusetts Appeals Court · Aug 11, 2000

Tausevich v. Board of Appeals of Stoughton, 402 Mass. 146, 148-149 (1988), quoting from Restatement (Second) of Judgments § 13 (1982). … See Tausevich v. Board of Appeals of Stoughton, 402 Mass. at 149 (no preclusive effect given to an order for partial summary judgment where there was no appeal-able judgment or order).

Triton Regional District School Committee v. Triton Teachers Ass'n

7 Mass. App. Ct. 873 · Massachusetts Appeals Court · Mar 7, 1979

Board of Conciliation & Arbitration, 311 Mass. 223, 226 [1942]) and acted within the scope of the reference. … Kesslen Bros. v. Board of Conciliation & Arbitration, 339 Mass. 301, 302 (1959). Morceau v. Gould-Natl. Batteries, Inc., supra at 124.

Commonwealth v. Porrazzo

25 Mass. App. Ct. 169 · Massachusetts Appeals Court · Dec 21, 1987

In Commonwealth v. … Board of Appeals of Hanover v. Housing Appeals Comm., 363 Mass. 339, 355 (1973). Commonwealth v. Adams, 389 Mass. 265, 273 (1983).

Police Commissioner v. Robinson

47 Mass. App. Ct. 767 · Massachusetts Appeals Court · Sep 21, 1999

Manning, Inc. v. … Costello v. Board of Appeals of Lexington, 3 Mass. App. Ct. 441, 443 (1975), quoting from Regan v. Atlantic Ref Co., 304 Mass. 353, 354 (1939).

Pidge v. SUPERINTENDENT, MASS CORRECTIONAL INST

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

Svenson v. First National Bank of Boston

5 Mass. App. Ct. 440 · Massachusetts Appeals Court · Jun 22, 1977

Brown, J. The plaintiff, Gertrude Svenson, filed in a Probate Court, pursuant to G. … Haddad v. Board of Appeals of Medford, 4 Mass. App. Ct. 843 (1976), and cases cited.

Commonwealth v. Roberts

6 Mass. App. Ct. 891 · Massachusetts Appeals Court · Jun 14, 1978

See Commonwealth v. Mahnke, supra at 677-678 ; Commonwealth v. Storella, ante 310, 313 n.l (1978); United States v. Hearst, 412 F. Supp. 880, 882 (N.D. Cal. 1976). Contrast Evalt v. … United States, 359 F.2d 534, 541-542 (9th Cir. 1966); United States v. Brown, 466 F.2d 493, 495 (10th Cir. 1972).

Swasey's Case

8 Mass. App. Ct. 489 · Massachusetts Appeals Court · Oct 23, 1979

The reviewing board affirmed the single member’s decision. 1. … Co. v. Workmen’s Compensation Appeals Bd., 66 Cal. 2d 944, 947 (1967). Compare Caron’s Case, supra at 409. The insurer relies upon Wormstead v.

Commonwealth v. Firmin

89 Mass. App. Ct. 62 · Massachusetts Appeals Court · Feb 10, 2016

See Commonwealth v. Brown, 367 Mass. 24, 31-32 (1975) (charge coercive where it strayed from Tuey and referenced the "cost in terms of money and effort and time that a case of this sort entails"). … Brown, supra at 32. Accordingly, the judgment is reversed and the verdict is set aside. So ordered.