Case law

Cahaly v. Benistar Property Exchange Trust Co.

68 Mass. App. Ct. 668 · Massachusetts Appeals Court · Apr 17, 2007

This tax advantage required the plaintiffs to transfer their sale proceeds to an escrow account, qualified trust, or qualified intermediary pending their purchase of replacement property. … Paley and the plaintiffs were clearly adversarial parties at trial. As the trial judge has noted, Paley’s credibility is properly a matter for the jury to consider.

Barvenik v. Board of Aldermen of Newton

33 Mass. App. Ct. 129 · Massachusetts Appeals Court · Aug 3, 1992

To qualify for that limited class, a plaintiff must establish — by direct facts and not by speculative personal opinion — that his injury is special and different from the concerns of the rest of the community. … to rebut the presumption of standing here. 8 No case has clearly articulated the measure of the plaintiffs’ burden in proving the requisite aggrievement, after the pleading stage, in order to establish standing for § 17

The Gillette Co. v. Provost

Massachusetts Appeals Court · Mar 7, 2017

L. c. 231 6 Although the parties agree that Gillette's complaint qualified as petitioning activity, we note that in Duracraft the court expressed doubt that "the [anti-SLAPP] statute was intended to reach suits … If the proceeding is not contemplated in good faith, the privilege cannot be "employed as a shield of immunity for defamation" or other liability. Sriberg, 370 Mass. at 109.

Commonwealth v. Swain

21 Mass. App. Ct. 949 · Massachusetts Appeals Court · Jan 6, 1986

We hold that the statute speaks quite clearly to the present facts, and is not so vague as to be constitutionally infirm. See Commonwealth v. Orlando, 371 Mass. 732, 734 (1977). … The jury could find that the Commonwealth established a violation by proof beyond a reasonable doubt.

Rosen v. Rosen

90 Mass. App. Ct. 677 · Massachusetts Appeals Court · Nov 22, 2016

[and] the assent or acquiescence of a custodial parent to the nonconforming payment must be established"); Curtis v. Curtis, 11 S.W.3d 466, 472 (Tex. Ct. … that the parties agreed to the alternative support arrangement in 2007 was "based on an assessment of [each party's] credibility" -- an assessment that is "quintessentially the domain of the trial judge" and "close to immune

Adoption of Sean

36 Mass. App. Ct. 261 · Massachusetts Appeals Court · Mar 21, 1994

The father also claims the judge lacked clear and convincing evidence to establish his unfitness. We affirm the judgment. We summarize the pertinent procedural history of this case. … The judge’s findings will not be disturbed unless clearly erroneous. Id. at 710-711 .

Commonwealth v. Caraballo-Nieves

Massachusetts Appeals Court · Feb 13, 2026

Classification of a portion of a criminal proceeding as  9 Indeed, where it is well established, in the trial of a case involving a drug offense, that … To the extent that it did, the judge's order presented the prosecutor with the untenable choice of bringing fentanyl into the court house under circumstances that clearly violated the policy and posed significant health risks

Amato v. District Attorney for Cape & Islands District

80 Mass. App. Ct. 230 · Massachusetts Appeals Court · Aug 25, 2011

Clearly, the district attorney’s innovative approach worked. The perpetrator, McCowen, voluntarily provided biological evidence that matched that from the crime scene. … Ct. 209, 211 (1996), and cases cited. relevant background of the statute that established the State DNA database, G. L. c. 22E, §§ 1-15, appears in Landry v.

Commonwealth v. Corbett

26 Mass. App. Ct. 773 · Massachusetts Appeals Court · Jan 19, 1989

whether a particular child of tender years has the requisite understanding to qualify as a witness. … Law 287 (1986-1987); Defendants’ Rights in Child Witness Competency Hearings: Establishing Constitutional Procedures for Sexual Abuse Cases, 69 Minn. L.

Professional Fire Fighters v. Commonwealth

72 Mass. App. Ct. 66 · Massachusetts Appeals Court · Jun 16, 2008

The primary ambulance service may make “agreements with other qualified ambulance services, in order to meet the standards for primary ambulance response established by the service zone.” G. L. c. 111C, § 10(c). … L. c. 111C, § 3(b)(23); establishment of criteria for the award and administration of service contracts, G.

Adoption of Natasha

53 Mass. App. Ct. 441 · Massachusetts Appeals Court · Dec 21, 2001

of its own procedures as well as protocols established by the case law. 1. … The children were reported to have missed numerous pediatric appointments from March, 1992, to February, 1994, including appointments for immunizations.

Commonwealth v. Capone

39 Mass. App. Ct. 606 · Massachusetts Appeals Court · Jan 18, 1996

The grand jury heard sufficient evidence to establish the identity of the defendant and probable cause to arrest him for rape. … The defendant also contends that the victim’s friend’s inability to remember clearly the events of the evening makes her statement inadmissible.

Fed. Home Loan Mortg. Corp. v. Bartleman

94 Mass. App. Ct. 800 · Massachusetts Appeals Court · Feb 20, 2019

L. c. 244, § 14, it is not conclusive proof, immune from attack. Thus, the defendants are entitled to an opportunity to challenge the affidavit's substance on whatever legitimate bases they might have. … Freddie Mac could have (but did not) respond, or even move to reopen the evidence, to establish its compliance with paragraph 22.

Cargill v. Harvard University

60 Mass. App. Ct. 585 · Massachusetts Appeals Court · Mar 8, 2004

L. c. 151B, § 4(16), which prohibits discrimination against qualified handicapped persons. 1 To establish a violation of G. … Notwithstanding that Cargill’s disability was clearly an issue at this point, Wamement rejected this suggestion and, then, handwrote the words “shelving/paging in timely way” in the margin of Cargill’s performance plan.

LORRAINE BELLMAR, Personal Representative v. ROBERT MOORE & Another.

Massachusetts Appeals Court · Dec 29, 2023

As a result, we see no need to revisit Moran because its holding does not, as the plaintiff argues, improperly provide immunity from suit for negligent acts that occur within the period of repose. 3. … Turning to the facts of this case, the motion judge, following this court's holding in Moran, ordered entry of summary judgment because "[t]he allegations in the instant complaint clearly center on Dr.

Greg B. Fowke v. Katherine L. Holland.

Massachusetts Appeals Court · Jul 16, 2025

We do not read the judge's decision as establishing full-time employment as a condition of obtaining equal parenting time. … "In a bench trial credibility is 'quintessentially the domain of the trial judge [so that her] assessment is close to immune from reversal on appeal except on the most compelling of showings.'" Prenaveau v.

Cosgrove v. Hughes

78 Mass. App. Ct. 739 · Massachusetts Appeals Court · Feb 15, 2011

In order to qualify as an “acknowledgment” within the meaning of the statute, “the recognition of parentage must be unambiguous.” Houghton v. Dickinson, 196 Mass. 389, 391 (1907). … The statute clearly states that paternity may be shown either by acknowledgment or by adjudication. G.

Furlong v. Zoning Board of Appeals of Salem

90 Mass. App. Ct. 737 · Massachusetts Appeals Court · Dec 12, 2016

In our review of the judge's decision, we accept his findings of fact unless clearly erroneous, but independently review his determinations of law. Shirley Wayside Ltd. Partnership v. … The question whether a safety concern, ameliorated by the granting of a variance, qualifies as a hardship under § 10 has not been extensively analyzed in our case law.

Lavin v. Lavin

24 Mass. App. Ct. 929 · Massachusetts Appeals Court · Jun 5, 1987

The judge’s findings are not clearly erroneous. Mass.R.Dom.Rel.P. 52(a) (1975). Building Inspector of Lancaster v. Sanderson, 372 Mass. 157, 159-160 (1977). C.C. & T. Constr. Co. v. Coleman Bros. Corp., 8 Mass. App. … There was no testimony at trial from an actuary or other expert establishing any present value of benefits from the plan, and the plan itself was not introduced.

Striar v. American Medical International, Inc.

45 Mass. App. Ct. 87 · Massachusetts Appeals Court · Jun 18, 1998

The record supports the master’s finding that this was not a contract for discrete services and payments and that the date of breach for any specific payment was not clearly established. See Starr v. … The date of termination of the program is not clearly established in the record. On remand, the judge will have to receive evidence and make findings on this issue.