Case law

Zhang v. Massachusetts Institute of Technology

46 Mass. App. Ct. 597 · Massachusetts Appeals Court · Apr 5, 1999

In examining Zhang’s discrimination claims based upon disparate treatment, we follow an established three-step analysis. See Wheelock College v. Massachusetts Commn. … In 1994, Coakley was completing her doctoral degree in physics and was qualified in the field of optical ionospheric research.

Karaa v. Kuk Yim

86 Mass. App. Ct. 714 · Massachusetts Appeals Court · Dec 5, 2014

In order to qualify, the foreign employee must have worked abroad for the company for at least one continuous year within the three years prior to their admission into the United States. … In the instant case, the Karaas clearly violated these requirements.

Connolly v. Suffolk County Sheriff's Department

62 Mass. App. Ct. 187 · Massachusetts Appeals Court · Sep 30, 2004

The department issued a response stating that the individuals who received promotions were more qualified than the plaintiffs. … demonstrated that a forbidden motive played some part in the department’s decision not to promote them, the department may not prevail by merely demonstrating that a legitimate reason influenced their decision, but rather must clearly

Rachelle Jeune v. Umass Memorial Health Care System.

Massachusetts Appeals Court · Sep 29, 2025

Public Health, Immunization. Practice, Civil, Summary judgment. Civil action commenced in the Superior Court Department on March 23, 2023. The case was heard by Daniel M. Wrenn, J., on a motion for summary judgment. … To the extent the accommodations listed above do not qualify as "all measures necessary" (emphasis added), the damage is already done, because UMass Memorial provided those accommodations to those employees whose religious

Commonwealth v. Barreto

113 N.E.3d 429 · Massachusetts Appeals Court · Oct 29, 2018

The stop itself clearly was justified by the earlier traffic violation, a conclusion that the defendant does not really dispute. … to establish reasonable suspicion" (emphasis supplied).

BIPING HUANG & another v. RE/MAX LEADING EDGE & others.

101 Mass. App. Ct. 150 · Massachusetts Appeals Court · Jun 9, 2022

Although Huang posits that RE/MAX violated the Code of Ethics and Standards of Practice of the National Association of Realtors (code), she cites no case holding that violation of a code of professional ethics qualifies as … Treasurer & Receiver Gen., 401 Mass. 427, 433 (1988) (recognizing clear statement rule applicable to preemption and waivers of sovereign immunity).

R.G. v. C.f.-M.

92 Mass. App. Ct. 1111 · Massachusetts Appeals Court · Oct 27, 2017

"The plaintiff bears the burden of proving that each of the three qualifying acts was maliciously intended, defined by G. … However, even if the time stamp is incorrect, as counsel argues, the timing does not establish the she was not actually given the complaint or the affidavit.

Witkowski v. Richard W. Endlar Insurance Agency, Inc.

81 Mass. App. Ct. 785 · Massachusetts Appeals Court · May 29, 2012

It was established in 1984, as a conversion to residential condominium use of a building originally constructed in 1920. 3 As established, the condominium included eighty-six residential units; four of those, including unit … Though the certificate made clear that it is not a contract of insurance, it stated clearly that the listed policies had been issued.

Commonwealth v. McCants

25 Mass. App. Ct. 735 · Massachusetts Appeals Court · May 3, 1988

the first motion judge’s memorandum of decision and order discloses . . . that [he] did not consider the more debatable exclusion periods and, understandably, calculated those exclusions which, under the text of the rule, qualified … The period represented by the January 27 continuance was clearly not excluded in our decision.

Massachusetts Community College Council v. Massachusetts Board of Higher Education

81 Mass. App. Ct. 554 · Massachusetts Appeals Court · Apr 6, 2012

This provision was qualified and restricted however. “The granting or failure to grant tenure shall be arbitrable but any award is not binding.” Article 10.06(F). … Such criteria included the “[development and improvement of instructional methodology”; the “[establishment of course objectives, course content and instructional activities”; the establishment of procedures for student evaluation

Commonwealth v. Lys

Massachusetts Appeals Court · Jun 28, 2017

Saferian, 366 Mass. 89 (1974) (Saferian), the defendant was not entitled to relief because he failed to establish that he was prejudiced by the shortcomings of his attorney. … "A claim of ineffective assistance of counsel . . . raises 'an issue of constitutional importance' that readily qualifies as a serious issue." Commonwealth v.

CITY OF NEWTON v. COMMONWEALTH EMPLOYMENT RELATIONS BOARD & another.

100 Mass. App. Ct. 574 · Massachusetts Appeals Court · Dec 30, 2021

See School Comm. of Newton, 388 Mass. at 569 ("waiver must be shown clearly, unmistakably, and unequivoca[lly]"). "The evidence must be clear and unmistakable. … the health of other persons, the director of human resources may order such employee to discontinue their duties for such time as the director deems desirable and may require such employee to undergo an examination by a qualified

Polito v. School Committee of Peabody

69 Mass. App. Ct. 393 · Massachusetts Appeals Court · Jun 22, 2007

The commissioner reasoned that Polito did not qualify for statutory arbitration under G. … This language clearly evidences an intention of the parties, and particularly the committee as the drafter, to incorporate only certain aspects of G. L. c. 71, § 41, while specifically rejecting others.

Clifton v. Massachusetts Bay Transportation Authority

62 Mass. App. Ct. 164 · Massachusetts Appeals Court · Sep 30, 2004

This claim is refuted by the special verdict form which separated the two claims and the judge’s pointed instructions which clearly set out the elements for claims based on discrimination and retaliation. … While it is true that the MBTA was established as “a body politic and corporate and a political subdivision of the [C]ommonwealth,” see G.

Ellis E. v. Finn F.

Massachusetts Appeals Court · Nov 8, 2019

L. c. 123, § 12, procedures qualifies as fear of physical harm.15 We also assume, without deciding, that the judge's finding that the defendant had malicious intent when he had the conversations was not clearly erroneous … .16 However, we conclude that these three oral conversations the defendant had with persons other than the plaintiff do not qualify as "true threats" or "fighting words" under the standard established in O'Brien.

Commonwealth v. Downey

78 Mass. App. Ct. 224 · Massachusetts Appeals Court · Nov 8, 2010

“In claiming that his Sixth Amendment right to a public trial was violated, ‘[t]he burden is clearly on the defendant to demonstrate that the public was excluded from his trial.’ ” Commonwealth v. … The defendant has satisfied his burden of establishing that the courtroom was closed during jury voir dire.

Adoption of Arnold

50 Mass. App. Ct. 743 · Massachusetts Appeals Court · Jan 25, 2001

The father next contends that six of the judge’s subsidiary findings are clearly erroneous because they are not supported by the evidence. … For it is not sufficient to establish a probability, though a *755 strong one arising from the doctrine of chances, that the fact charged is more likely to be true than the contrary; but the evidence must establish the truth

Custody of a Minor

5 Mass. App. Ct. 741 · Massachusetts Appeals Court · Dec 23, 1977

The plan was implemented and appeared to be proceeding with qualified success (the child at all times vigorously resisted overnight separations from her foster parents) until the child was delivered to the parents on a permanent … Although she has, I think, made a substantial effort to establish such a home and to equip herself to care for the child, events have proved that Dr.

Commonwealth v. Melo

95 Mass. App. Ct. 257 · Massachusetts Appeals Court · May 8, 2019

The defendant concedes that "four of the five elements of the offense were established." However, he argues that the Commonwealth failed to prove the fourth element. … A judge's failure to make findings required by rule 30 (b) is 'not fatal . . . where the ultimate conclusion is clearly evident from the record,' Commonwealth v.

Commonwealth v. Watson

113 N.E.3d 374 · Massachusetts Appeals Court · Oct 17, 2018

L. c. 209A order not only must be aware of the order's existence but also must have "clearly and intentionally disobeyed that order in circumstances in which he was able to obey it." … In light of the holding in McEvoy, we similarly do not decide whether notice qualifies as an "element" here.  14 Finally, the defendant raises a related