Case law

Greeley v. Civil Service Commission

1 Mass. App. Ct. 746 · Massachusetts Appeals Court · Feb 8, 1974

For these reasons the petitioner cannot avail himself of the proviso to qualify as a “veteran.” *754 3. … Clearly the Legislature may afford some classes of veterans a greater preference than others. See Hutcheson v. Director of Civil Service, 361 Mass. 480,485-487 (1972).

Mayor of Revere v. Civil Service Commission

31 Mass. App. Ct. 315 · Massachusetts Appeals Court · Aug 30, 1991

In short, the commission must consider and deal with the issue of Ryan’s conduct in light of the public interest in a qualified chief of police for Revere, and it must do so consistently with “basic merit principles,” as … established by law” which is the prerequisite to the application of the fifth paragraph of § 2(6).

Paull v. Kelly

62 Mass. App. Ct. 673 · Massachusetts Appeals Court · Dec 13, 2004

Gen., 344 Mass. 188, 192 (1962) (in the usual case, “[u]se of the words ‘about,’ ‘more or less,’ and the like, to qualify a statement of quantity indicates that the quantity of land is not the essence of the contract”). … We accept this finding of the Land Court judge as it was not clearly erroneous.

Constantino v. Frechette

73 Mass. App. Ct. 352 · Massachusetts Appeals Court · Dec 18, 2008

We also conclude that the nurses cannot otherwise invoke the arbitration agreement as nonparties because they do not qualify as intended third-party beneficiaries to the contract. … If the nursing home harbored the intention to bring its employees within the purview of the arbitration provision, it had the duty to clearly inform its patients that the arbitration provision was intended to inure to the

ZONING BOARD OF APPEALS OF BRAINTREE v. 383 WASHINGTON STREET, LLC, & Others (And a Consolidated Case)

Massachusetts Appeals Court · Jun 18, 2025

Braintree did not establish that it qualified for the 1.5 percent safe harbor, nor do we perceive error in the HAC's rejection of the board's denials based upon open space and fire safety concerns. Background. … The HAC accordingly rejected the board's position, essentially as a matter of law, ruling that the board had failed to establish a valid local concern.

Commonwealth v. Azar

32 Mass. App. Ct. 290 · Massachusetts Appeals Court · Mar 25, 1992

In this case, the grand jury were clearly informed as to whether the evidence they heard was direct or hearsay testimony. There was no showing that the grand jury had been impaired in any way. … The trial judge qualified Dr. Richmond, an associate chief medical examiner in Massachusetts, as an expert in forensic pathology without objection from the defendant.

Commonwealth v. Reed

92 Mass. App. Ct. 1108 · Massachusetts Appeals Court · Oct 6, 2017

"[P]roof of authenticity usually takes the form of testimony of a qualified witness either (1) that the thing is what its proponent represents it to be, or (2) that circumstances exist which imply that the thing is what its … The video, which we have reviewed, clearly showed the man's features, hair color, and facial hair from different angles.

Abbott v. John Hancock Mutual Life Insurance

18 Mass. App. Ct. 508 · Massachusetts Appeals Court · Sep 7, 1984

Buck’s interests and those of the prospective pensioners clearly diverged. … Public policy forbids giving full effect to a clause purporting to immunize John Hancock from participation in the wrongs of the trustees, no matter how egregious. 18 If it can be effective to relieve John Hancock of liability

Muldoon v. Whittier Regional School Committee

7 Mass. App. Ct. 653 · Massachusetts Appeals Court · May 24, 1979

Whittier is a regional vocational high school established under the provisions of G. … "I recommend that the Chairman of the School Committee instruct the Administrative Sub-Committee to work with the Superintendent Director to review all applications and to interview those candidates who are best qualified

TROY CURRENCE & Others v. A.D. MAKEPEACE COMPANY & Others

Massachusetts Appeals Court · Sep 19, 2025

Leaving aside the complaint's allegations about the town aquifer and water pollution (which also qualify), the alleged damage to the land and soil resources itself qualifies as damage to the Commonwealth's natural resources … Here that person is clearly Makepeace, the entity conducting earth removal. The same is not true for the defendant ERC, however.

Commonwealth v. Paiva

71 Mass. App. Ct. 411 · Massachusetts Appeals Court · Mar 21, 2008

As we have indicated, the Commonwealth’s case was sufficient; that does not mean, however, that it was immune from defeat. … Defense counsel began by inexplicably attempting to qualify the witness as an expert on “crack” cocaine addiction.

Higgins v. Delta Elevator Service Corp.

45 Mass. App. Ct. 643 · Massachusetts Appeals Court · Oct 21, 1998

“Once the judge makes a preliminary finding that a witness is qualified to render expert opinion, as was done here, the jury may continue to evaluate the witness’s qualifications. … Higgins does not, however, dispute the fact that it is her burden to establish the elements of her negligence action, including causation, see Jean W. v.

Adoption of Breck

Massachusetts Appeals Court · Jul 9, 2025

"A judge's determination that the department made reasonable efforts will not be reversed unless clearly erroneous." Adoption of West, supra at 242. … The judge's finding that the department made reasonable efforts was not clearly erroneous. d. The permanency plan.

City of Worcester v. Granger Bros.

19 Mass. App. Ct. 379 · Massachusetts Appeals Court · Feb 21, 1985

From that point on, the validity of paragraph 3 is governed by the established rule that “an award made within the scope of the submission is not made invalid by a mistake of the arbitrator as to law or fact.... … Indemnity is clearly available as a remedy to arbitrators, who have a broad commission to establish a balance between the parties and are, as a result, less restricted than courts in fashioning relief. *390 As previously

Rosado v. Commissioner of Correction

Massachusetts Appeals Court · May 22, 2017

and other inmates.6 The extraordinary difficulties inherent in 6 General Laws c. 124, § 1, as amended by St. 1972, c. 777, § 5, provides in pertinent part that the Commissioner shall: "(a) designate, establish … Longcope, 394 Mass. 577, 578-582 (1985), or that the defendants are entitled to qualified immunity. See Ford v. Bender, 768 F.3d 15, 23 (1st Cir. 2014).

Callahan v. AJ WELCH EQUIP. CORP. SUTTON

36 Mass. App. Ct. 608 · Massachusetts Appeals Court · Jun 3, 1994

Sutton next contends that the judge incorrectly determined that it was obligated to indemnify Beaver because the language of the indemnity clause did not clearly specify that Sutton would indemnify Beaver even if Beaver were … Star Brewing Co., 303 Mass. 53 , *614 54 (1939)(party seeking indemnification must establish that it was legally obligated to make payment). The judgment is vacated.

Nickerson v. Fiduciary Trust Co.

6 Mass. App. Ct. 317 · Massachusetts Appeals Court · May 8, 1978

They urged him to establish a trust with the money. In early May, 1931, Nickerson and his mother went to visit his grandmother. Soon after they arrived, Mr. … No later than a year before the date of trial, Nickerson was advised that his daughter did not "qualify as next of kin” so as to receive anything under the trust upon his death.

Commonwealth v. Martinez-Guzman

76 Mass. App. Ct. 167 · Massachusetts Appeals Court · Jan 22, 2010

The judge suspended the trial and requested that counsel for each side provide a memorandum regarding whether a stamped signature of the registrar qualifies as an attestation under G. L. c. 233, § 76. … signatures, and to require a signature in the proper handwriting of a person in all cases where a document is to be signed by him; and such a construction should not be given to it, unless that clearly appears to have been

Bierig v. Everett Square Plaza Associates

34 Mass. App. Ct. 354 · Massachusetts Appeals Court · Apr 23, 1993

Rather, the Act, the regulations, and the evidence at the motion hearing clearly established that the rents charged were permitted by the regulatory scheme 15 ; the owner is therefore exempt from judgment under c. 93A. … According to § 13A of the Act, no market tenant would qualify for a 13A subsidy.

Millennium Equity Holdings, LLC v. Mahlowitz

73 Mass. App. Ct. 29 · Massachusetts Appeals Court · Oct 28, 2008

As to this claim, the judge ruled that (1) Mahlowitz, as an attorney, was entitled to complete and absolute immunity for authorized actions taken on behalf of a client during the course of litigation before the Probate and … “In doing so we apply the rule that [relevant] findings of fact made by the judge below are to be accepted by us unless clearly erroneous, Mass. R. Civ.