Case law

Wolovick's Case

69 Mass. App. Ct. 523 · Massachusetts Appeals Court · Jul 6, 2007

The employee appeals from the summary af-firmance by the Department of Industrial Accidents reviewing board of an administrative law judge’s (ATI’s) denial and dismissal of her claim for workers’ compensation benefits pursuant … Narducci v. Contributory Retirement Appeal Bd., supra at 137. 1 Decision of the reviewing board affirmed.

Commonwealth v. Hason

27 Mass. App. Ct. 840 · Massachusetts Appeals Court · Oct 23, 1989

Commonwealth v. Stanton, 2 Mass. App. Ct. 614, 622 (1974). Commonwealth v. Cepulonis, 9 Mass. App. Ct. 302, 309 (1980), and cases cited. Commonwealth v. Nolan, 19 Mass. App. Ct. 491 , 494 n.4 (1985). … Commonwealth v. Brown, 6 Mass. App. Ct. 844 (1978). The disclosure obligation is therefore imposed only by G. L. c. 278, § 29D. The statute sets forth in explicit terms what advice must be given. See note 2, supra.

In re Estate

92 Mass. App. Ct. 1112 · Massachusetts Appeals Court · Nov 2, 2017

Board of Registration in Pharmacy , 466 Mass. 1010 , 1011 n.3 (2013), we cannot review this issue without any argument supported by citation to proper authority. … See Popp v. Popp , 477 Mass. 1022 , 1023 n.3 (2017).

Commonwealth v. Hamilton

8 Mass. App. Ct. 898 · Massachusetts Appeals Court · Sep 11, 1979

See Commonwealth v. Venios, 378 Mass. 24, 29 (1979); Commonwealth v. Clark, 378 Mass. 392 , 397 n.8 (1979). … Commonwealth v. Brown, 376 Mass. 156,161-164 (1978), and cases cited. The inclusion in the array of three pairs of duplicates (not of the defendant) was not improper. See Commonwealth v.

Sears v. Building Inspector

73 Mass. App. Ct. 913 · Massachusetts Appeals Court · Feb 6, 2009

Rowley v. Mass. Elec. Co., 438 Mass. 798, 799, 803 (2003). … Keeping in mind this reading of § 58, we defer to the ZBA’s reasonable interpretation of its by-law, Livoli v. Zoning Bd. of Appeals of Southborough, 42 Mass. App.

Donoghue v. Donoghue

5 Mass. App. Ct. 876 · Massachusetts Appeals Court · Oct 19, 1977

See Haddad v. Board of Appeals of Medford, 4 Mass. App. Ct. 843 (1976). See also Mass.R.A.P. 18(a), 365 Mass. 864 (1974). … Conway v. Otis, 3 Mass. App. Ct. 702 (1975). Brine v. Brine, 3 Mass. App. Ct. 730 (1975). See Boston v. DuWors, 339 Mass. 773 (1959); Bannish v. Bannish, 357 Mass. 279, 281 (1970).

Dubuque v. Conservation Commission

58 Mass. App. Ct. 824 · Massachusetts Appeals Court · Aug 18, 2003

See Lovequist v. Conservation Commn. of Dennis, 379 Mass. 7 , 18 1979); FIC Homes of Blackstone, Inc. v. Conservation Commn. of Blackstone, 41 Mass. App. Ct. at 684 -685 & n.4. … Dist. v.

Commonwealth v. Carmenatty

37 Mass. App. Ct. 908 · Massachusetts Appeals Court · Aug 15, 1994

Commonwealth v. Latimore, 378 Mass. 671, 676-678 (1979). Commonwealth v. Sheline, 391 Mass. 279, 283-284 (1984). Commonwealth v. Manzanillo, ante 24, 27 (1994). … Commonwealth v. Brown, 34 Mass. App. Ct. 222, 226 (1993).

Commonwealth v. Rossi

19 Mass. App. Ct. 257 · Massachusetts Appeals Court · Jan 28, 1985

Fay v. Harlan, 128 Mass. 244, 245 (1880). Commonwealth v. Sacco, 255 Mass. 369, 427 (1926). Commonwealth v. Hersey, 324 Mass. 196, 205 (1949). Commonwealth v. Edgerly, 13 Mass. App. Ct. 562, 571 (1982). … That type of argument is often sound, see Gilday v. Commonwealth, 355 Mass. 799 (1969); Commonwealth v. Boudreau, 362 Mass. 378, 382 (1972); Commonwealth v. Brown, 2 Mass. App.

Commonwealth v. O'Laughlin

63 Mass. App. Ct. 805 · Massachusetts Appeals Court · Jul 8, 2005

Small, red-brown stains found on the wall above the bedroom dresser and on the bathroom floor were also collected. … The tests of the three reddish brown stains were positive and the test of the orange stain was negative.

Cadle Co. v. Vargas

55 Mass. App. Ct. 361 · Massachusetts Appeals Court · Jul 2, 2002

So the recent case of Federal Financial Co. v. … Gaudette v. Webb, 362 Mass. 60, 70 (1972), quoting from Moragne v. States Marine Lines Inc. 398 U.S. 375, 409 (1970).

Commonwealth v. Flebotte

34 Mass. App. Ct. 676 · Massachusetts Appeals Court · Jun 28, 1993

Present: BROWN, KASS, & LAURENCE, JJ. Robert L. Sheketoff ( John A. Amabile with him) for the defendant. Lincoln S. Jalelian, Assistant District Attorney, for the Commonwealth. KASS, J. … Compare Commonwealth v. Lumley, 367 Mass. 213, 216-217 (1975), and Commonwealth v. Moffett, 383 Mass. 201, 214 (1981), with Commonwealth v. Sanders, 383 Mass. 637, 640-641 (1981); Commonwealth v.

Commonwealth v. Wright

85 Mass. App. Ct. 380 · Massachusetts Appeals Court · May 29, 2014

Brown, J. … See also Commonwealth v. Watts, 74 Mass. App. Ct. at 519 ; Commonwealth v. Lawson, 79 Mass. App.

Commonwealth v. Chadwick

40 Mass. App. Ct. 425 · Massachusetts Appeals Court · May 14, 1996

Edwards v. Arizona, 451 U.S. … The principle of Edwards v. Arizona, supra, has been called a “bright line” and “prophylactic” rule. United States v. Browne, 891 F.2d 389, 394-395 (1st Cir. 1989).

Eso, Inc. v. Kasparian

32 Mass. App. Ct. 731 · Massachusetts Appeals Court · Jun 26, 1992

Brown, J. This contractual dispute was tried before a master whose modified report was adopted by a judge of the Superior Court who entered a judgment favorable to the defendant on the basis thereof. We affirm. … Co. v. Apache Tribe of Mescalero Reservation, 673 F.2d 315 (10th Cir. 1982); Diomar v. Landmark Assocs., 81 Ill. App. 3d 1135 (1980); and Welch v. Grant Dev. Co., 120 Misc. 2d 493 (N.Y. Sup. Ct. 1983).

Sleeper v. OLD KING'S HIGHWAY REG. HIST. DIST.

11 Mass. App. Ct. 571 · Massachusetts Appeals Court · Mar 13, 1981

Board of Appeals of Duxbury, 369 Mass. 512, 515-516 (1976); Gumley v. Selectmen of Nantucket, 371 Mass. at 724 . [2] 2. Hardship. … See MacGibbon v. Board of Appeals of Duxbury, 356 Mass. 635, 638 (1970); Gumley v. Selectmen of Nantucket, 371 Mass. at 722-723 . Compare North Landers Corp. v.

Doherty v. Director of the Office of Medicaid

74 Mass. App. Ct. 439 · Massachusetts Appeals Court · Jun 18, 2009

Brown, J. … Kokoska, by Kokoska v. Bullen, 519 U.S. 1057 (1997), quoting from H.R. Rep.

United Water & Sewer Workers, Local 1 v. Labor Relations Commission

28 Mass. App. Ct. 359 · Massachusetts Appeals Court · Mar 12, 1990

In- reviewing the decision of the commission, we are guided by the principle established by Morris v. Board of Registration in Medicine, 405 Mass. 103, 111 (1989), cert. denied, 110 S.Ct. 503 (1989), and Vinal v. … See Mendes v.

Adoption of Jenna

33 Mass. App. Ct. 739 · Massachusetts Appeals Court · Dec 23, 1992

Board of Appeals of Franklin, 350 Mass. 289, 290 (1966). Speedy resolution of issues involving custody of children is essential. … See Garelick v. Board of Appeals of Franklin, 350 Mass. at 290 . For all of these reasons, we conclude that it is an abuse of discretion for a judge of the Probate and Family Court to refer a petition under G.

Smola v. Higgins

42 Mass. App. Ct. 724 · Massachusetts Appeals Court · May 28, 1997

The judge relied on Lezberg v. Rogers, 27 Mass. App. Ct. 1158, 1159 (1989) (“[T]he plaintiff is bound by the unchallenged and unap-pealed decision of the board of health . . . … Bar Counsel v. Board, of Bar Overseers, 420 Mass. 6, 9 (1995).