Case law

Bruce v. Town of Wellesley

47 Mass. App. Ct. 800 · Massachusetts Appeals Court · Sep 24, 1999

Brown, J. The plaintiff, a former mathematics teacher at Wellesley High School, 1 brought an action against the town of Wellesley alleging that he was denied tenure because of age in violation of G. … For a recent articulation of the standard by the Supreme Judicial Court, see Matthews v. Ocean Spray Cranberries, Inc., 426 Mass. 122, 128 (1997). See also Dartt v. Browning-Ferris Indus., Inc.

Commonwealth v. Enos

26 Mass. App. Ct. 1006 · Massachusetts Appeals Court · Nov 28, 1988

See, by analogy, Commonwealth v. Simmons, 383 Mass. 46, 51-53 (1981), and Commonwealth v. … Commonwealth v. Berth, 385 Mass. 784, 790-791 (1982). Commonwealth v. Gregory, 401 Mass. 437, 445 (1988). Commonwealth v. Brown, 11 Mass. App. Ct. 288, 295-297 (1981). Commonwealth v. Rivers, 21 Mass. App.

Jenkins v. Jenkins

15 Mass. App. Ct. 934 · Massachusetts Appeals Court · Feb 2, 1983

Nader v. Citron, 372 Mass. 96, 98 (1977), quoting from Conley v. Gibson, 355 U.S. 41, 45-46 (1957). See Charbonnier v. Amico, 367 Mass. 146, 152-153 (1975); Coolidge Bank & Trust Co. v. First Ipswich Co., 9 Mass. App. … See Twomey v. Board of Appeals of Medford, 7 Mass. App. Ct. 770 , 776 n.11 (1979); Smith & Zobel, Rules Practice § 12.15.1 (1981 Supp.). 3. The complaint alleges that the parties’ mother died on December 24, 1977.

Thornton v. Commonwealth

28 Mass. App. Ct. 511 · Massachusetts Appeals Court · Apr 17, 1990

Brown v. Knight, 362 Mass. 350, 352 (1972), such that DYS cannot delegate it to someone else. Cf. also Restatement (Second) of Torts § 314A (1965). There are two flaws in the argument. The first is that G. … See Gallant v. Worcester, 383 Mass. 707, 711-714 (1981). Recognizing this, the plaintiff brought her action under c. 258.

M.D. v. Department of Developmental Services

83 Mass. App. Ct. 463 · Massachusetts Appeals Court · Apr 1, 2013

Brown, J. The Femald Developmental Center (FDC) will be closing as an Intermediate Care Facility for Persons with Mental Retardation (ICF). … See, e.g., Duggan v. Board of Registration in Nursing, 456 Mass. 666, 673-674 (2010), and cases cited; Maguire v. Director of the Office of Medicaid, 82 Mass. App. Ct. 549, 553 (2012).

Commonwealth v. Azar

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

Brown v. Commonwealth, 407 Mass. 84, 85 (1990), quoting from Commonwealth v. Latimore, 378 Mass. 671, 676-677 (1979). … Brown v. Commonwealth, 407 Mass. 84, 89 (1990). Commonwealth v. Arias, 29 Mass. App. Ct. 613, 618 (1990), S.C., 410 Mass. 1005 (1991).

Kessler v. Cambridge Health Alliance

62 Mass. App. Ct. 589 · Massachusetts Appeals Court · Nov 29, 2004

Board of Regents of Higher Educ., 405 Mass. 475, 477 (1989); Pattison v. Labor Relations Commn., 30 Mass. App. Ct. 9, 23 (1991). See also School Comm. of Boston v. … In Miller v.

Commonwealth v. Fox

81 Mass. App. Ct. 244 · Massachusetts Appeals Court · Feb 3, 2012

See Crawford v. Washington, 541 U.S. 36, 51-68 (2004). … The Court expanded upon this in its decision in Melendez-Diaz v.

Adams v. Yellow Cab Corp.

12 Mass. App. Ct. 931 · Massachusetts Appeals Court · Sep 3, 1981

Bank v. O’Keefe, 267 Mass. 75, 83 (1929). Ott v. Board of Registration in Medicine, 276 Mass. 566, 574 (1931). Clapp v. Haynes, 11 Mass. App. Ct. 895 (1980). See Olson v. Ela, 8 Mass. App. … Ct. 165,167-168 (1979); Gauntlett v. Medical Parameters, Inc., 10 Mass. App. Ct. 88, 94 (1980).

Covich v. Chambers

8 Mass. App. Ct. 740 · Massachusetts Appeals Court · Nov 27, 1979

The zoning board of appeals granted a permit with conditions 5 for the removal of the gravel, and the construction company filed a $40,000 performance bond. … See Spurr v. Benedict, 99 Mass. 463, 466 (1868); Kyle v. Kavanagh, 103 Mass. 356, 359-360 (1869); Jeselsohn v. Park Trust Co., 241 Mass. 388, 392 (1922); White v.

Commonwealth v. Nelson

90 Mass. App. Ct. 594 · Massachusetts Appeals Court · Nov 2, 2016

In Commonwealth v. … Contrast Commonwealth v. Brown, 34 Mass. App.

Commonwealth v. James

30 Mass. App. Ct. 490 · Massachusetts Appeals Court · Apr 26, 1991

After further search of the apartment, the officers recovered from a bureau drawer in another bedroom a .25 caliber Browning automatic pistol with an empty clip, together with ammunition of a larger caliber. … See, e.g., Commonwealth v. Brown, 12 Mass. App.

Kelly K. v. Town of Framingham

36 Mass. App. Ct. 483 · Massachusetts Appeals Court · May 16, 1994

Board of Educ. of Chicago, 69 Ill. 2d 89, 94 (1977); Hoffman v. … See Smith v.

Kennedy v. Beth Israel Deaconess Medical Center, Inc.

73 Mass. App. Ct. 459 · Massachusetts Appeals Court · Jan 7, 2009

Brown, J. (dissenting). … Owens v. Mukendi, 448 Mass. 66, 74 (2006).

Fugere v. Fugere

24 Mass. App. Ct. 758 · Massachusetts Appeals Court · Sep 30, 1987

Brown, J. This is an appeal by a wife from a modification judgment of the Probate and Family Court. … Schuler v. Schuler, 382 Mass. 366, 368 (1981). Harris v. Harris, 23 Mass. App. Ct. 931, 932 (1986). See also *760 Anthony v. Anthony, 21 Mass. App.

Schinkel v. Maxi-Holding, Inc.

30 Mass. App. Ct. 41 · Massachusetts Appeals Court · Jan 30, 1991

Compare Fabrizio v. Quincy, 9 Mass. App. Ct. 733, 734 (1980); Bishara v. Brown, Daltas & Assocs., 21 Mass. App. Ct. 941, 944 (1985). … Compare Bishara v. Brown, Daltas & Assocs., 21 Mass. App. Ct. 941, 943-944 (1985).

Commonwealth v. Fernandez

43 Mass. App. Ct. 313 · Massachusetts Appeals Court · Aug 6, 1997

Brown, J. This is a collateral attack on a judgment of conviction based on ineffective assistance of trial counsel. … Commonwealth v. Mercado, 24 Mass. App. Ct. 391, 397 (1987), quoting from Commonwealth v. Marrero, 19 Mass. App. Ct. 921, 922 (1984). Accord Commonwealth v. Farrell, 322 Mass. 606, 614-615 (1948); Commonwealth v.

Rivera v. Commerce Insurance

84 Mass. App. Ct. 146 · Massachusetts Appeals Court · Aug 16, 2013

Brown, J. … DiMarzo v. American Mut. Ins. Co., 389 Mass. 85, 101 (1983). Accord Hopkins v. Liberty Mut. Ins. Co., 434 Mass. 556, 566-567 (2001); Yeagle v. Aetna Cas. & Sur. Co., 42 Mass. App. Ct. 650, 654 (1997).

Commonwealth v. Belete

37 Mass. App. Ct. 424 · Massachusetts Appeals Court · Oct 7, 1994

Commonwealth v. Brown, 391 Mass. 157, 159, 162 (1984). “Words or phrases in a statute are to be given their ordinary meaning. They are to be construed according to their natural import. . . . … In Commonwealth v.

LaChance v. Peerless Insurance

36 Mass. App. Ct. 451 · Massachusetts Appeals Court · May 4, 1994

Brown, J. The plaintiff was the tax collector for the town of Millville and was bonded by the defendant. In 1983, the defendant was obliged to pay a claim on that bond and thereupon sued the plaintiff. … Ellis v. Lyford, supra.