Case law

Opinions from 1658 to today.

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  • Langton v. Commissioner of Correction

    34 Mass. App. Ct. 564 · Massachusetts Appeals Court · Jun 7, 1993

    Brown, J. … DesRosiers v. Moran, supra at 18 , citing Rhodes v. Chapman, 452 U.S. 337, 347 (1981).

    Cited 11 timesPublished
  • Commonwealth v. LaFaille

    46 Mass. App. Ct. 144 · Massachusetts Appeals Court · Jan 14, 1999

    Commonwealth v. Grice , 410 Mass, at 588-589. See Commonwealth v. Williams, 6 Mass. App. Ct. 923, 924 (1978) (Brown, J., concurring). On this record there is ample basis “to suspect that a juror or jurors . . . … Commonwealth v. Flebotte, 34 Mass. App. Ct. 676, 681 (1993) (Brown, J., concurring), S.C., 417 Mass. 348 (1994).

    Cited 1 timesPublished
  • Newton v. NORFOLK & DEDHAM MUTUAL FIRE INS. CO

    26 Mass. App. Ct. 202 · Massachusetts Appeals Court · Jul 14, 1988

    Co. v. Hart, 162 Ga. App. 333, 335 (1982); Farmers Ins. Group v. Sessions, 100 Idaho 914, 918 (1980); Aetna Cas. & Sur. Co. v. Freyer, 89 Ill. App.3d 617, 620 (1980); Home Ins. Co. v. Neilsen, 165 Ind. … Co. v.

    Cited 5 timesPublished
  • Howell v. Enterprise Publishing Co.

    72 Mass. App. Ct. 739 · Massachusetts Appeals Court · Oct 1, 2008

    Howell appealed the termination to the board of selectmen (board) of Abington. The board held a public hearing on the matter, which was locally televised. … Contrast Weisburgh v.

    Reversed on other grounds by Howell v. THE ENTERPRISE PUBLISHING COMPANY, LLC., 455 Mass. 641 (2010)Cited 5 timesPublished
  • Begg v. Ganson

    34 Mass. App. Ct. 217 · Massachusetts Appeals Court · Mar 12, 1993

    The only case he cites that seems factually comparable is Kruvant v. 12-22 Wood *220 land Ave. Corp., 138 N.J. Super. 1 (1975). … Compare Bond v. O’Gara, 177 Mass. 139, 142 (1900). Even more remote, factually, is Allen v. Batchelder, 17 Mass. App.

    Cited 3 timesPublished
  • Commonwealth v. Sanchez

    79 Mass. App. Ct. 189 · Massachusetts Appeals Court · Apr 1, 2011

    Brown, J. (concurring). … As an additional aside, I think the judge’s handling of the peremptory challenge issue would have been more efficacious if he had followed the teachings of Commonwealth v. Futch, 38 Mass. App.

    Cited 6 timesPublished
  • Dana Lease Finance Corp. v. Commissioner of Revenue

    53 Mass. App. Ct. 840 · Massachusetts Appeals Court · Feb 20, 2002

    Timely filing of an abatement application has long been held a condition of invoking the “jurisdiction” of the Appellate Tax Board. See Assessors of Boston v. … Chesterton Co. v. Commissioner of Rev., 45 Mass. App. Ct. 702, 710 (1998). The decision of the Appellate Tax Board is affirmed. So ordered.

    Cited 0 timesPublished
  • Commonwealth v. Fetzer

    19 Mass. App. Ct. 1024 · Massachusetts Appeals Court · Apr 22, 1985

    Compare Commonwealth v. Frey, 390 Mass. 245, 249 (1983). Contrast Commonwealth v. Bohannon, 376 Mass. 90, 93-95 (1978), with Miller v. Curtis, 158 Mass. 127 (1893). 2. … Commonwealth v. Martinez, 384 Mass. 377, 379-381 (1981). Commonwealth v. Connor, 392 Mass. 838, 840-842 (1984). Commonwealth v. Brown, 394 Mass. 394, 397 (1985).

    Cited 4 timesPublished
  • Cooper v. Keto

    83 Mass. App. Ct. 798 · Massachusetts Appeals Court · Jun 26, 2013

    Brown, J. (concurring). Here, we again witness another puzzling situation in which the legal fees paid and awarded far exceed any amount that would be gained. … See Commonwealth v. Satterfield, 373 Mass. 109, 111 (1977).

    Cited 11 timesPublished
  • Assetta v. Safety Insurance

    43 Mass. App. Ct. 317 · Massachusetts Appeals Court · Aug 6, 1997

    Brown, J. This is an appeal from the entry of summary judgment for the plaintiffs. 2 There are no disputed facts. … See also Roe v. Lawn, 34 Mass. App.

    Cited 15 timesPublished
  • Commonwealth v. Wright

    5 Mass. App. Ct. 860 · Massachusetts Appeals Court · Jul 29, 1977

    Bank v. Mathey, 308 Mass. 108, 115 (1941); Commonwealth v. Noxon, 319 Mass. 495, 548 (1946). … Roberta Thomas Brown, Legal Assistant to the District Attorney, for the Commonwealth. Judgment affirmed.

    Cited 1 timesPublished
  • Funfar v. Town of Falmouth & Another

    93 Mass. App. Ct. 1108 · Massachusetts Appeals Court · Apr 27, 2018

    In a separate case, Falmouth v. … See Aquacultural Research Corp . v. Austin , 88 Mass. App. Ct. 631 , 636 (2015). So ordered . Vacated .

    Cited 1 timesPublished
  • Boston Water & Sewer Commission v. Commonwealth

    64 Mass. App. Ct. 611 · Massachusetts Appeals Court · Sep 28, 2005

    Board of Health of Braintree, 415 Mass. 876, 878-879 (1993) (municipal board of health lacked standing to challenge a State statute); Commissioners of Hampden County v. Agawam, 45 Mass. App. … See Child v. Child, 58 Mass. App. Ct. 76, 84 (2003) (it is a general mie that an issue not raised in the trial court cannot be argued for the first time on appeal); Bruno v. Board of Appeals of Wrentham, 62 Mass. App.

    Cited 5 timesPublished
  • Fantasia's Case

    75 Mass. App. Ct. 655 · Massachusetts Appeals Court · Nov 2, 2009

    The board’s decision. … See King v. Driscoll, 424 Mass. 1, 7-8 (1996).

    Cited 0 timesPublished
  • Specialized Technology Resources, Inc. v. JPS Elastomerics Corp.

    80 Mass. App. Ct. 841 · Massachusetts Appeals Court · Nov 23, 2011

    Curtiss-Wright Corp. v. Edel-Brown Tool & Die Co., 381 Mass. 1, 10 (1980), quoting from Analogic Corp. v. Data Translation, Inc., 371 Mass. 643, 647 (1976). … Corp. v. Roman Marble, Inc., supra; Curtiss-Wright Corp. v. Edel-Brown Tool & Die Co., 381 Mass. at 11 ; and Peggy Lawton Kitchens, Inc. v. Hogan, 18 Mass. App. Ct. at 938 .

    Cited 11 timesPublished
  • O'Donoghue v. Commonwealth

    93 Mass. App. Ct. 156 · Massachusetts Appeals Court · Apr 17, 2018

    Ct. at 458, quoting from Kobrin v. Board of Registration in Med., 444 Mass. 837, 844 (2005). … Anderson v. DeVries, 326 Mass. 127, 133 (1950). See Lund v. Cox, 281 Mass. 484, 491 (1933); Hewitt v. Perry, 309 Mass. 100, 104 (1941).

    Cited 1 timesPublished
  • Marr v. Back Bay Architectural Commission

    32 Mass. App. Ct. 962 · Massachusetts Appeals Court · May 28, 1992

    See Leavitt v. Mizner, 404 Mass. 81, 83 (1989). … Co. v. Board of Appeals of Westwood, 23 Mass. App. Ct. 278 , 282 & n.7 (1986).

    Cited 1 timesPublished
  • Whaler Motor Inn, Inc. v. Parsons

    3 Mass. App. Ct. 662 · Massachusetts Appeals Court · Dec 29, 1975

    Those five constituted the board of directors. Each of the promoters presented an offer to the board of directors to buy 130 shares of stock for $108,000. 7 Lip-man offered to buy 120 shares of stock for $100,000. … On July 7, 1969, at a monthly meeting of the board of directors, Parsons inquired whether the corporation or any of the individual members of the board would be interested in purchasing his stock.

    Cited 9 timesPublished
  • Commonwealth v. DiPietro

    33 Mass. App. Ct. 776 · Massachusetts Appeals Court · Dec 30, 1992

    Brown, J. The defendant, in conjunction with others, hurled eggs against the outside wall of a Hindu Temple. 1 For this conduct, the defendant was convicted of religious vandalism pursuant to G. … See Commonwealth v. Gagnon, 387 Mass. at 569 .

    Cited 2 timesPublished
  • Trinque v. Mount Wachusett Community College Faculty Ass'n

    14 Mass. App. Ct. 191 · Massachusetts Appeals Court · Jul 19, 1982

    In May, 1974, the College and the Massachusetts Board of Regional Community Colleges (the Board) entered into a collective bargaining agreement with the Association. … Dwyer, the president of the Board was set for late January, 1975, in Boston. Mrs.

    Cited 16 timesPublished

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