Case law

Lynch v. James

44 Mass. App. Ct. 448 · Massachusetts Appeals Court · Mar 19, 1998

In Doe v. New Bedford Hous. … Authy. v. Hemingway, 363 Mass. 184 , 200 n.16 (1973). See Berman & Sons v. Jefferson, 379 Mass. 196 , 201 n.9 (1979).

Rubel v. Hayden, Harding & Buchanan, Inc.

15 Mass. App. Ct. 252 · Massachusetts Appeals Court · Feb 2, 1983

Monaghan Inc. v. M. Lowenstein & Sons, 290 *255 Mass. 331, 333 (1935) (vice-president). Kelly v. Citizens Fin. Co. of Lowell, Inc., 306 Mass. 531, 532-533 (1940) (president). Hurley v. … Hurley v. Ornsteen, 311 Mass. at 481 . Kanavos v. Hancock Bank & Trust Co., 14 Mass. App. Ct. at 333 .

Costa's Case

52 Mass. App. Ct. 105 · Massachusetts Appeals Court · Jul 18, 2001

The board overruled its prior decisions in Wyman v. Courier Citizen Co., 9 Mass. Workers’ Comp. … Commissioner of Rev. v. AMIWoodbroke, Inc., 418 Mass. 92, 94 (1994).

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).

Rooney v. Paul D. Osborne Desk Co.

38 Mass. App. Ct. 82 · Massachusetts Appeals Court · Jan 27, 1995

That is precisely what the board voted to do, the argument runs, and therefore § 21 precludes recovery. … The minutes were prepared by the plaintiff as corporate clerk; they are consistent with his handwritten notes of the board meeting.

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.

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 .

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.

Commonwealth v. Ayoub

77 Mass. App. Ct. 563 · Massachusetts Appeals Court · Sep 2, 2010

Brown, J. (dissenting). The prosecutor’s closing argument was way over-the-top. … Kelly, 417 Mass. 266, 270-272 (1994); Commonwealth v. Loguidice, 420 Mass. 453, 454-457 (1995); Commonwealth v. Silva-Santiago, 453 Mass. 782, 807-808 (2009); Commonwealth v. McLeod, 30 Mass. App.

Commonwealth v. Guy

9 Mass. App. Ct. 318 · Massachusetts Appeals Court · Feb 29, 1980

See Commonwealth v. Magnasco, 4 Mass. App. Ct. 144, 148 (1976); *320 Commonwealth v. Labbe, 6 Mass. App. Ct. 73, 81 (1978). … See Commonwealth v. Brown, 364 Mass. 471, 478-480 (1973)” (emphasis supplied). 379 Mass, at 111. In a word, Moore was decided in 1979.

Samuels v. SUFA Corp.

38 Mass. App. Ct. 922 · Massachusetts Appeals Court · Feb 3, 1995

See Cummings v. City Council of Gloucester, 28 Mass. App. Ct. 345, 348 (1990). The second judge thought it inappropriate to disturb the conclusion of the first judge. … See Brown v. Quinn, 406 Mass. 641, 644 (1990), and cases cited.

Commonwealth v. King

77 Mass. App. Ct. 189 · Massachusetts Appeals Court · Jul 2, 2010

Brown, J. (dissenting). Notwithstanding this court’s reliance on the fleeting reference to “field testing” in Commonwealth v. … testing” requires more demonstrative evidence than an officer’s mere statement that he has done it. 1 I am of the opinion *193 that in the circumstances presented here I am constrained to follow the teachings of Melendez-Diaz v.

Mayor of Chelsea v. Treasurer

22 Mass. App. Ct. 950 · Massachusetts Appeals Court · Jun 25, 1986

Despite this requirement, the auditor approved the bill without submitting it to the board of aldermen (board). … Treasurer of Rowley v. Rowley, 393 Mass. 1, 7 (1984), quoting from 15 McQuillin, Municipal Corporations § 42.16 (3d ed. 1970).

Commonwealth v. Lewandowski

22 Mass. App. Ct. 148 · Massachusetts Appeals Court · Apr 25, 1986

Brown, J. On indictments charging each defendant with rape of a child under sixteen by force (see G. … See Commonwealth *151 v. Peets, 8 Mass. App. Ct. 916, 917 (1979); Commonwealth v.

Andrews v. Town of Amherst

68 Mass. App. Ct. 365 · Massachusetts Appeals Court · Mar 5, 2007

See, e.g., Board of Appeals of Hanover v. … See Learner v. Board of Appeal of Tewksbury, 348 Mass. 220, 229 (1964); Johnson v.

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.

Maguire v. Director of the Office of Medicaid

82 Mass. App. Ct. 549 · Massachusetts Appeals Court · Oct 4, 2012

The Office of Medicaid board of hearings (board) affirmed MassHealth’s denial of benefits, and Maguire appealed to the Superior Court pursuant to G. L. c. 30A, § 14. … Law v. Griffith, 457 Mass. 349 , 350 n.3 (2010). On June 24, 2008, Maguire appealed to the board. See 130 Code Mass. Regs. § 610.032 (2005).

Commonwealth v. Wiswall

43 Mass. App. Ct. 722 · Massachusetts Appeals Court · Oct 22, 1997

Henderson v. … For decisions following similar reasoning, see Commonwealth v. Hayes, 245 Pa. Super. 521, 524-525 (1976); State v. Holmes, 270 N.W.2d 51, 53-54 (S.D 1978); State v. Brown, 29 Wash. App. 770, 779-780 (1981).

Commonwealth v. Bigley

85 Mass. App. Ct. 507 · Massachusetts Appeals Court · Jun 24, 2014

The defendant further relies on Ellis in objecting to the admission of his certified Board of Probation record in the sixth exhibit. … See Commonwealth v. Doucette, 391 Mass. 443, 448 (1984); Commonwealth v. Cutts, 444 Mass. 821, 832-833 (2005). See also Commonwealth v.

Loche v. Dean Witter Reynolds, Inc.

26 Mass. App. Ct. 296 · Massachusetts Appeals Court · Aug 12, 1988

Mortgage Trust v. Dorchester Sav. … He would not have been likely to submit a dispute of this character to an arbitration board to be selected by DWR between two available choices.