Case law

Merrimack College v. KPMG LLP

88 Mass. App. Ct. 803 · Massachusetts Appeals Court · Jan 6, 2016

See McInnes v. … Brown & Root, Inc., 50 F. Supp. 2d 527, 534-535 (E.D. Va. 1999); Coffman v. Provost * Umphrey Law Firm, L.L.P., 161 F. Supp. 2d 720, 726-727 (E.D. Tex. 2001), aff'd, 33 Fed.

Commonwealth v. Buck

64 Mass. App. Ct. 760 · Massachusetts Appeals Court · Oct 14, 2005

“The allegedly new evidence must be material and credible, see Commonwealth v. Brown, 378 Mass. 165, 171-172 (1979), and ‘carry a measure of strength in *763 support of the defendant’s position.’ ” Commonwealth v. … Commonwealth v.

Commonwealth v. Miranda

77 Mass. App. Ct. 76 · Massachusetts Appeals Court · Jun 21, 2010

Commonwealth v. Galvin, supra at 699 . See Commonwealth v. … Campbell, 352 Mass. 387, 398 (1967) (court must consider the defendant’s testimony “based upon the hypothesis that it is entirely true”); Commonwealth v. Brown, 387 Mass. 220, 227 (1982).

Salley

11 Mass. App. Ct. 40 · Massachusetts Appeals Court · Dec 17, 1980

L. c. 127, § 129, as amended by St. 1967, c. 379, which reads as follows: “A prisoner released on parole by the parole board, who has failed to observe all the rules of his parole and has been returned to a correctional institution … This language was construed in Allen v.

Strauss v. Teachers Insurance & Annuity Ass'n

37 Mass. App. Ct. 357 · Massachusetts Appeals Court · Sep 29, 1994

Strauss, a resident of Cambridge, was a physician and for seventeen years a biomedical researcher on the faculty of Brown University. He was widowed in July, 1983. … Compare Rowen v. Kiewlicz, supra; IDS Life Ins. Co. v. Senna, 9 Mass. App.

Commonwealth v. Lugo

64 Mass. App. Ct. 12 · Massachusetts Appeals Court · Jul 18, 2005

In February, 2000, Fall River police sought and obtained a warrant to search Lugo’s apartment and three vehicles: a blue Honda Accord, a two-tone brown Ford Aerostar, and a white Plymouth Voyager. … See Commonwealth v. Cruz, 373 Mass. 676 , 682 n.2 (1977), quoting from Commonwealth v.

Commonwealth v. Durant

10 Mass. App. Ct. 768 · Massachusetts Appeals Court · Dec 8, 1980

Commonwealth v. Alleyne, supra at 31. See Commonwealth v. Napolitano, 378 Mass. 599, 608-610 (1979). 2. … Commonwealth v. Guy, supra at 320 .

Commonwealth v. DeCicco

51 Mass. App. Ct. 159 · Massachusetts Appeals Court · Mar 16, 2001

Brown, J. (dissenting). A pretty fair jurist once quipped that even a dog knows the difference “between being stumbled over and being kicked.” Holmes, The Common Law 3 (1881). See E. Amanti & Sons, Inc. v. … In Commonwealth v.

Kern v. Personnel Administrator of the Department of Personnel Administration

28 Mass. App. Ct. 938 · Massachusetts Appeals Court · Feb 20, 1990

Boston Edison Co. v. Board of Selectmen of Concord, 355 Mass. 79, 83 (1968). … See and compare Daley v. District Court of W. Hampden, 304 Mass. 86, 91-92 (1939); Hill v. Trustees of Glenwood Cemetery, 323 Mass. 388, 395 (1948); Chartrand v.

Commonwealth v. Judd

25 Mass. App. Ct. 921 · Massachusetts Appeals Court · Dec 17, 1987

Commonwealth v. Cote, 386 Mass. 354 , 361 n.11 *922 (1982) . … On May 27, the defendant filed a pro se request for an investigation of his new attorney by the Board of Bar Overseers. On September 8, a judge permitted that attorney to withdraw.

Weiss v. Loomis, Sayles & Co., Inc.

Massachusetts Appeals Court · Jan 23, 2020

Chapman v. … Athol Daily News v. Board of Review of the Div. of Employment & Training, 439 Mass. 171, 177 (2003).

School Committee v. Commissioner of Education

17 Mass. App. Ct. 683 · Massachusetts Appeals Court · Apr 5, 1984

Compare Girard v. Board of Appeals of Easton, 14 Mass. App. Ct. 334, 337-338 (1982). … The judge anticipated the holding *694 in Board of Educ. of Hendrick Hudson v.

Arsenault v. Chicopee Housing Authority

15 Mass. App. Ct. 939 · Massachusetts Appeals Court · Feb 9, 1983

A somewhat analogous remission to grievance procedure appears in a case involving the National Capital Housing Authority, Nash v. Washington, 360 A.2d 510 (D.C. 1976). … The grievance procedure through a “hearing panel” and possible reference to the board of the housing authority will bring to bear on this rather exceptional problem the understanding and judgment of those familiar with the

Commonwealth v. Humphries

76 Mass. App. Ct. 702 · Massachusetts Appeals Court · May 13, 2010

Commonwealth v. Brzezinski, supra at 409-410 , citing Commonwealth v. Albano, 373 Mass. *707 132, 134 (1977). Commonwealth v. Brown, 34 Mass. App. Ct. 222, 226 (1993). … v.

DEBORAH MUCHER BARR v. PETER SWENSON & Another.

Massachusetts Appeals Court · Aug 8, 2024

history of the board doing so. … Workers Local No. 129 Benefit Fund v.

Sy v. Massachusetts Commission Against Discrimination

79 Mass. App. Ct. 760 · Massachusetts Appeals Court · Jul 8, 2011

Massachusetts Fedn. of Teachers, AFT, AFL-CIO v. Board of Educ., 436 Mass. 763, 771 (2002), quoting from Consolidated Cigar Corp. v. Department of Pub. Health, 372 Mass. 844, 855 (1977). … Zoning Bd. of Appeals of Amesbury v. Housing Appeals Comm., 457 Mass. 748, 760 (2010), quoting from Goldberg v. Board of Health of Granby, 444 Mass. 627, 633 (2005).

Commonwealth v. Santos

94 Mass. App. Ct. 696 · Massachusetts Appeals Court · Jan 18, 2019

Commonwealth v. Byfield, 413 Mass. 426, 428-429 (1992), citing Commonwealth v. Upton, 394 Mass. 363, 374-375 (1985). See Commonwealth v. Alfonso A., 438 Mass. 372, 374 (2003). … We conclude that it did. 2 See Aguilar v. Texas, 378 U.S. 108 (1964), and Spinelli v.

Ferrick v. Massachusetts Bay Transportation Authority

2 Mass. App. Ct. 823 · Massachusetts Appeals Court · Apr 17, 1974

On the afternoon of September 26, 1967, the plaintiff boarded a bus operated by the defendant in Medford. … Johnson v. Berkshire St. Ry. 292 Mass. 311, 312 (1935).

Kahyaoglu v. Adams

93 Mass. App. Ct. 1121 · Massachusetts Appeals Court · Jul 26, 2018

See Daubert v. Merrell Dow Pharmaceuticals, Inc ., 509 U.S. 579 (1993) ; Commonwealth v. Lanigan , 419 Mass. 15 (1994). We disagree with those contentions. … Weitzel, a board-certified specialist in orthopedics with a subspecialty certification in sports medicine, testified that the plaintiff's most serious injuries were not causally related to the accident.

Chandler v. Chang

92 Mass. App. Ct. 1108 · Massachusetts Appeals Court · Oct 13, 2017

Joudrey v. Nashoba Community Hosp., Inc ., 32 Mass. App. Ct. 974 , 975 (1992), quoting from Glicklich v. Spievack , 16 Mass. App. Ct. 488 , 489-490 (1983). See, e.g., Blake v. … Kasper, a board-certified urologist. Among other things, the medical records reflect that Hem-o-Lok clips were used during the operation. In Dr.