Case law

Parente v. State Board of Retirement

80 Mass. App. Ct. 747 · Massachusetts Appeals Court · Nov 3, 2011

While there is no employment agreement in this case, we do have a statute that clearly states each member shall receive $7,200 annually for “expenses.” … In 1953, the special commission established to perform an investigation and study relative to travel and expense allowances for members of the General Court submitted a report recognizing that members of the General Court

Commonwealth v. Fuller

22 Mass. App. Ct. 152 · Massachusetts Appeals Court · May 1, 1986

The principal issue on appeal is whether the judge was correct in ruling that the Commonwealth could rely on the child’s out-of-court statements to establish the defendant’s guilt. We affirm. 1. The facts. … Rather, the “admissibility of the utterance must rest on the fact that it was ‘spontaneous to a degree which reasonably negatived premediation or possible fabrication, and tended to qualify, characterize and explain’ the

Commonwealth v. Jones-Pannell

85 Mass. App. Ct. 390 · Massachusetts Appeals Court · Jun 2, 2014

However, evidence of its history and character may qualify it, as one criterion among several, for determination of the reasonableness of a stop. … Under the governing case law, these collective factors establish reasonable suspicion of unlawful possession of a firearm. See Commonwealth v.

Brown v. Kalicki

90 Mass. App. Ct. 534 · Massachusetts Appeals Court · Oct 20, 2016

Powers Qualified Personal Residence Trust and the Lauren K. Powers Qualified Personal Residence Trust. 3 John Michael Hershey. … The majority's holding that the beach area here became immunized from any claims of prescriptive easements decades before it was the subject of such a proceeding is, in my view, untenable.

Aiello v. Planning Board of Braintree

Massachusetts Appeals Court · Apr 14, 2017

A judge's finding on standing will not be disturbed unless clearly erroneous. Kenner, 459 Mass. at 119. … Ct. 435, 440 (2005) ("A plaintiff qualifies as a 'person aggrieved' upon a showing that his or her legal rights will be infringed by the board's action").

Adoption of Bianca

Massachusetts Appeals Court · Apr 28, 2017

The decrees issued in February, 2015, the mother and father filed timely notices of appeal, and the judge's findings of fact 5 The father disputes this finding of fact, but it is not clearly erroneous. … The question is whether there was sufficient evidence presented at trial that the mother was on an upward trajectory to establish that it would be fundamentally unfair to resolve the case on the current record.

Mackey v. Santander Bank, N.A.

Massachusetts Appeals Court · Sep 14, 2020

L. c. 203E, was not effective until July 8, 2012, after the trust was established and James both resigned and was purportedly reappointed as trustee. … The trust then clearly provided that Lisa was to become the successor trustee or, in the event of Lisa's death, resignation, or incapacity (none of which occurred here), that the trust beneficiaries were to appoint a

Gassman v. Reason

90 Mass. App. Ct. 1 · Massachusetts Appeals Court · Aug 11, 2016

L. c. 258E, "[t]he plaintiff bears the burden of proving that each of the three qualifying acts was maliciously intended, defined by G. … Ct. at 536 ("The threat to make the plaintiff's life a living hell clearly was intimidation").

Commonwealth v. Villatoro

76 Mass. App. Ct. 645 · Massachusetts Appeals Court · Apr 23, 2010

Here, under the test clearly enunciated in Chapman v. California, 386 U.S. 18, 24 (1967), there is no “reasonable possibility that the evidence complained of might have contributed to the conviction.” … The judge implicitly credited Officer Cooley’s testimony on the subject and believed that he was qualified to recognize the odor.

V.J. v. N.J.

Massachusetts Appeals Court · Jan 30, 2017

C.R., supra at 536 ("The threat to make the plaintiff's life a living hell clearly was intimidation"). Indeed, as in A.T. v. … To be sure, the judge disbelieved the defendant's claim to be a calm individual, and she found that he "is clearly angry and upset that he cannot ride the bus he chooses to work."

Commonwealth v. Ware

75 Mass. App. Ct. 220 · Massachusetts Appeals Court · Sep 23, 2009

Thus, it qualifies as a “serious drug offense” under G. L. c. 269, § 10G(e). … The Randolph decision involved a husband who clearly objected, and his wife who consented, to a search of the marital residence by police officers. Id. at 107 .

Commonwealth v. Cawthron

90 Mass. App. Ct. 828 · Massachusetts Appeals Court · Jan 6, 2017

It is the defendant's burden to establish the necessary facts to prove custody. Commonwealth v. Larkin, 429 Mass. 426, 432 (1999).8 The test is an objective one. Ibid. … Thus, the judge's contrary finding is also clearly erroneous. See Commonwealth v.

Howell v. Enterprise Publishing Co.

72 Mass. App. Ct. 739 · Massachusetts Appeals Court · Oct 1, 2008

Although not clearly defamatory, these assertions are reasonably capable of the defamatory meaning ascribed to them by Howell. … L. c. 151 A, § 14 (establishing the method for calculation of payroll taxes); G. L. c. 151A, § 14A (establishing an alternative payment option for nonprofit organizations and governmental employers). Pursuant to G.

Collins v. Huculak

57 Mass. App. Ct. 387 · Massachusetts Appeals Court · Feb 20, 2003

Regardless, the judge did not refer to this fact in his legal analysis and, even if the finding were clearly erroneous, we do not consider it material to the analysis. … Corp., supra (“[r]eliance on any statement or conduct. . . was unreasonable as a matter of law because it conflicted with the qualifying language [in a document plaintiff chose not to read]”); Markell v. Sidney B.

Commonwealth v. Kenney

55 Mass. App. Ct. 514 · Massachusetts Appeals Court · Jul 26, 2002

Evidence later established that the Mustang was leased to both Murphy and the defendant. … The denial of the defendant’s motion to dismiss the indictments in the instant case not only falls within this express qualifying condition in Carapellucci , but also is consistent with the rationale that “where an apparent

National Grid Holdings, Inc. v. Commissioner of Revenue

89 Mass. App. Ct. 506 · Massachusetts Appeals Court · Jun 8, 2016

In considering whether the DSAs qualified as debt, the board appropriately looked to the language of the DSAs as well as the circumstances of their creation and performance. … Ct. 199, 203 (1986) ("Where there are two permissible views of the evidence, the factfinder's choice between them cannot be clearly erroneous").

Kenn v. Eascare, LLC

Massachusetts Appeals Court · Jan 8, 2024

The Court held that only those plaintiffs whose information had been disclosed to third parties had suffered sufficiently concrete injuries to qualify for art. III standing. Id. at 2214. … Leardi can be read to signify that 'invasion' of a consumer plaintiff's established legal right in a manner that qualifies as an unfair or deceptive act under G.

STEPHEN O'MALLEY & Another v. CONTRIBUTORY RETIREMENT APPEAL BOARD & Another

Massachusetts Appeals Court · Oct 7, 2024

We conclude that the plaintiffs' traffic duty pay does not qualify as "regular compensation" under the statute. Accordingly, we affirm the judgment. Background. … L. c. 32: "[T]he statutory intent is clearly to exempt irregular payments of compensation from the retirement base. (In G.

R.S. v. W.S.

92 Mass. App. Ct. 1110 · Massachusetts Appeals Court · Oct 20, 2017

L. c. 258E, § 1, in several ways, and a plaintiff who proves any one of the various forms of harassment qualifies for an order prohibiting the harassment. … It is clear from the e-mail posts that "each of the three qualifying acts was maliciously intended, defined by G.

Ehrlich v. Stern

74 Mass. App. Ct. 531 · Massachusetts Appeals Court · Jun 29, 2009

The page entitled “Sign Up” contains spaces for viewers to send contact information to Sobol and Ivey and says, among other things, “If you feel you may qualify for damages or remedies that might be awarded in the Nestle … Clearly, an allegation that an attorney sabotaged litigation that was beneficial to others in order to reformat and restart that litigation in a manner more beneficial to himself is not an allegation that implicates protected