Case law

Figueroa v. Director of the Department of Labor & Workforce Development

54 Mass. App. Ct. 64 · Massachusetts Appeals Court · Feb 28, 2002

Actually, the final administrative decision was made by the board of review of the Department of Labor and Workforce Development. The board’s composition and power in such matters are set out in G. … Finkelstein v. Board of Registration in Optometry, 370 Mass. 476, 478 (1976). In the last analysis, a regulation, like a statute, must be construed in a manner designed to advance the regulation’s manifest goals.

Oak's Oil Service, Inc. v. Massachusetts Bay Transportation Authority

15 Mass. App. Ct. 593 · Massachusetts Appeals Court · Apr 5, 1983

[and] their heirs”), and Brown v. … Grant, 3 Gray 142 , 148-152 [1855]; Brown v.

Commonwealth v. Hawkins

17 Mass. App. Ct. 1041 · Massachusetts Appeals Court · Apr 10, 1984

Commonwealth v. Appleby, 389 Mass. 359, 368 (1983). Commonwealth v. Moran, ante 200, 208 (1983). 2. … Brown, 364 Mass. 471, 476 (1973), nor does it appear to have impaired the conduct of the defense. Contrast Commonwealth v. Stokes, 11 Mass. App. Ct. 949, 950 (1981). 3.

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.

Gomes v. Fagerberg

10 Mass. App. Ct. 927 · Massachusetts Appeals Court · Dec 5, 1980

Brown v. Grow, 249 Mass. 495, 500-501 (1924). … See Lowe v. Harwood, 139 Mass. 133, 135-136 (1885); Foternick v. Watson, 184 Mass. 187, 193 (1903); Schilling v. Levin, 328 Mass. 2, 5 (1951); Shepard v. Finance Associates, 366 Mass. 182, 195 (1974); Limpus v.

Beach v. Commerce Insurance

69 Mass. App. Ct. 720 · Massachusetts Appeals Court · Aug 14, 2007

L. c. 175, § 113P; Nercessian v. Board of Appeal on Motor Vehicle Liab. Policies & Bonds, 46 Mass. App. Ct. 766 (1999). … Co. v. Assessors of Lynn, 393 Mass. 591, 603 (1984), quoting from Liacos, Massachusetts Evidence 275-276 (5th ed. 1981); Mattoon v. Pittsfield, 56 Mass. App. Ct. 124, 137 (2002).

Commonwealth v. Stewart

94 Mass. App. Ct. 1114 · Massachusetts Appeals Court · Dec 18, 2018

See Commonwealth v. Brown , 479 Mass. 163 , 169 n.4 (2018) ; Commonwealth v. McArthur , 55 Mass. App. Ct. 596 , 599 (2002). … Commonwealth v. Spinucci , 472 Mass. 872 , 878 (2015). Accord Commonwealth v. Quinones , 78 Mass. App.

Dupont v. Chief of Police of Pepperell

57 Mass. App. Ct. 690 · Massachusetts Appeals Court · Mar 31, 2003

Board of Educ. v. Assessor of Worcester, 368 Mass. 511, 513 (1975), quoting from Hanlon v. Rollins, 286 Mass. 444, 447 (1934). … See Levy v. Board of Registration & Discipline in Medicine, 378 Mass. 519, 527-528 (1979).

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. Cresta

3 Mass. App. Ct. 560 · Massachusetts Appeals Court · Nov 17, 1975

The prosecutor, pointing to a Brink’s truck, stated, “... that in fact evidence will be offered to you that this is the very truck that carried the moneys on board that Philip J. … Cresta and other men robbed from it with the messenger, Haines, on board at that time.” That statement and others made at the view by the prosecutor were improper.

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.

Commonwealth v. Coward

7 Mass. App. Ct. 867 · Massachusetts Appeals Court · Feb 28, 1979

Brown, 376 Mass. 156, 165-166 [1978], and cases cited) in the judge’s denial of the defendant’s motion for a mistrial, which was based on the prosecutor’s having allowed a portion of the jury to see a photograph of the victim … Mahoney, 331 Mass. 510, 514 [1954]; Commonwealth v. Jones, 362 Mass. 83, 86-87 [1972]; Commonwealth v.

Truong v. Wong

55 Mass. App. Ct. 868 · Massachusetts Appeals Court · Sep 18, 2002

In Brown v. Leighton, 385 Mass. 757 (1982), the uninsured defendant-employer argued that it was entitled to credit for damages the employee had recovered from a third party unrelated to the employer. … The court in Brown v. Leighton, supra, noted that the purpose of the workers’ compensation program is to ensure prompt payment for injuries in the workplace. Id. at 763 .

Commonwealth v. (And

92 Mass. App. Ct. 1116 · Massachusetts Appeals Court · Dec 4, 2017

See Commonwealth v. Russell , 470 Mass. 464 , 474 (2015), quoting from Victor v. … Anderson testified that "brown" is street terminology for heroin. See Saez , 21 Mass. App.

Sztuba v. Sztuba

3 Mass. App. Ct. 781 · Massachusetts Appeals Court · Sep 19, 1975

See Brown, Personal Property, §§30-35 (2d ed. 1955). Contrast Peoples Natl. Bank v. Mulholland, 228 Mass. 152, 157-158 (1917). … Cohen v. Santoianni , 330 Mass, at 190-191. Robert V. Deiana for Irene J. Sztuba, administratrix. James G. Reardon for Joseph V. Sztuba & others, submitted a brief. Decree reversed. Judgment for the defendant.

Commonwealth v. Zangari

42 Mass. App. Ct. 931 · Massachusetts Appeals Court · Apr 3, 1997

See also Commonwealth v. Fielding, 371 Mass. 97, 117 (1976); Commonwealth v. Moran, 387 Mass. 644, 651 (1982); Commonwealth v. Sheppard, 404 Mass. 774, 778 (1989); Commonwealth v. Brown, 2 Mass. App. … Commonwealth v. Gelpi, 416 Mass. 729, 730-731 (1994); Commonwealth v. Ahart, 37 Mass. App. Ct. at 570 .

Lapierre v. Maryland Casualty Co.

14 Mass. App. Ct. 248 · Massachusetts Appeals Court · Jul 29, 1982

See J & J Enterprises, Inc. v. Martignetti , 369 Mass, at 540; Lowell Gas Co. v. Attorney Gen., 377 Mass. 37, 45-46 (1979); Nelson v. Blue Shield of Mass., Inc., 377 Mass, at 754-755; Boston Edison Co. v. … [of the board] is filed in the office of the commissioner.”

Commonwealth v. Torres

71 Mass. App. Ct. 723 · Massachusetts Appeals Court · May 19, 2008

Brown, J. (dissenting). I am of opinion that the judge, in rul *736 ing on the defendant’s motion for a mistrial, was obliged to consider the totality of the juror’s actions and comments. … See Commonwealth v. Webster, 391 Mass. 271, 277 (1984). What happened here is no way to run a railroad. This train was off the tracks, and the judge should have allowed the motion for a mistrial. See Commonwealth v.

Campana v. Commissioner of Revenue

26 Mass. App. Ct. 105 · Massachusetts Appeals Court · Jun 13, 1988

We affirm the decision of the board. In summary, these are the facts found by the board. … These findings of the board are final if supported by substantial evidence, Rabinovitz v.

Weston Securities Corp. v. Aykanian

46 Mass. App. Ct. 72 · Massachusetts Appeals Court · Dec 30, 1998

Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Jr. Univ., 489 U.S. 468, 477 (1989). … Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Jr. Univ., supra at 477-478.