Case law

Commonwealth v. Chatham Development Co.

49 Mass. App. Ct. 525 · Massachusetts Appeals Court · Jun 30, 2000

See Commonwealth v. *527 DeCotis, 366 Mass. 234, 241-242 (1974); Purity Supreme, Inc. v. Attorney Gen., 380 Mass. 762, 771 (1980); Levings v. Forbes & Wallace, Inc., 8 Mass. App. Ct. 498, 503-504 (1979). … See Linthicum v.

City of Fall River v. Teamsters Union, Local 526

27 Mass. App. Ct. 649 · Massachusetts Appeals Court · Aug 4, 1989

When on December 31, 1985, the incumbent incinerator maintenance foreman (the “IMF”) at the Fall River incinerator retired, the board of public works of that city appointed James Machado provisionally (see G. … School Comm. of West Springfield v. Korbut, 373 Mass. 788, 792 (1977). Concerned Minority Educators of Worcester v. School Comm. of Worcester, 392 Mass. 184, 187-188 (1984). Worcester v. Borghesi, 19 Mass. App.

Commonwealth v. W. Barrington Co.

5 Mass. App. Ct. 416 · Massachusetts Appeals Court · Jun 14, 1977

L. c. 40, § 16), is commonly performed by or under the direction of superintendents of streets and boards and departments of public works in cities and towns. See G. L. c. 41, § § 21, 66, 68 and 69. … See Insurance Rating Bd. v.

Commonwealth v. Luis Alberto Delvalle-Rodriguez.

Massachusetts Appeals Court · Apr 2, 2026

Brown, 401 Mass. 745, 747 (1988). … See Brown, 401 Mass. at 747. Multiple witnesses testified that the group of men, including the defendant, banged on the truck with their hands and objects.

Commonwealth v. Berrios

64 Mass. App. Ct. 541 · Massachusetts Appeals Court · Sep 16, 2005

See Commonwealth v. … The judge found that “Rodriguez’[s] testimony can be fairly interpreted as indicating that only Francis, [Jason] Jiles, and Brown were present in the bathroom while the murder was being planned.”

State Police Association of Massachusetts v. Alben

Massachusetts Appeals Court · May 1, 2020

Board of Higher Educ. v. Massachusetts Teachers Ass'n, NEA, 62 Mass. App. Ct. 42, 47 (2004), citing Higher Educ. Coordinating Council/Roxbury Community College v. Massachusetts Teachers' Ass'n/Mass. … Board of Higher Educ. v. Commonwealth Employment Relations Bd., 483 Mass. 310, 319 (2019), quoting Somerville v. Somerville Mun. Employees Ass'n, 451 Mass. 493, 496 (2008).

John D. v. Department of Social Services

51 Mass. App. Ct. 125 · Massachusetts Appeals Court · Mar 7, 2001

No. 972 v. … Board of Registration in Med., 420 Mass. 154, 166 (1995), as distinguishing between “suggestive conversation” and “contact.”

Commonwealth v. Kane

19 Mass. App. Ct. 129 · Massachusetts Appeals Court · Dec 31, 1984

See Commonwealth v. McCarthy, 163 Mass. 458, 459-460 (1895); Government of the Virgin Islands v. Brown, 507 F.2d 186, 189-190 (3d Cir. 1975). The question of mistrial is, of course, for the judge, not the jury. … Ct. 821 , 822 (1973); Commonwealth v. Brown, 11 Mass. App. Ct. 288, 290-291 (1981). 14 The defendant had a past criminal record.

Commonwealth v. Vermette

43 Mass. App. Ct. 789 · Massachusetts Appeals Court · Nov 13, 1997

Alves could see a gym bag as well as a brown shopping bag in the back seat and that there was “black material,” “black cloth” in the bag. … Compare Commonwealth v.

Trioli v. Town of Sudbury

15 Mass. App. Ct. 394 · Massachusetts Appeals Court · Mar 3, 1983

In July of 1973 the board of selectmen of the town had determined that a stop sign was needed at the intersection *396 but had negligently and carelessly failed and refused to erect such a sign. … See Paddock v.

Commonwealth v. Brace

93 Mass. App. Ct. 1117 · Massachusetts Appeals Court · Jun 27, 2018

Likewise unavailing is the defendant's argument that the motion judge, in denying an evidentiary hearing on his third motion, erroneously relied on a letter the defendant wrote to the parole board in 1997, in which the defendant … Commonwealth v. Hill , 52 Mass. App. Ct. 147 , 154 (2001).

Commonwealth v. Price

72 Mass. App. Ct. 280 · Massachusetts Appeals Court · Jul 29, 2008

See Commonwealth v. Levin, 11 Mass. App. Ct. 482, 502 (1981), quoting from Strassheim v. Daily, 221 U.S. 280, 285 (1911). Cf. United States v. … See Commonwealth v. Kiernan, 348 Mass. 29, 51-55 (1964), cert, denied sub nom. Gordon v. Massachusetts, 380 U.S. 913 (1965).

Donovan v. Grow

93 Mass. App. Ct. 1118 · Massachusetts Appeals Court · Jul 3, 2018

The plaintiff is a board certified gynecological oncologist and gynecological surgeon. … Miller v. Mooney , 431 Mass. 57 , 60 (2000).

Kaltsas v. Duralite Co.

4 Mass. App. Ct. 634 · Massachusetts Appeals Court · Nov 23, 1976

See Dixon v. *637 Volunteer Co-op. Bank, 213 Mass. 345 (1913); Galveston v. Ducie, 91 Tex. 665, 670-671 (1898); Smith v. Pallay, 130 Ore. 282, 291-293 (1929); Atholwood Dev. Co. v. … Houston, 179 Md. 441, 447 (1941); Martin v. Board of Educ. of Lincoln County, 120 W. Va. 621, 624 (1938). Williston, Contracts, § 1359, at 310 (3d ed. 1968).

Burritt v. Lilly

40 Mass. App. Ct. 29 · Massachusetts Appeals Court · Feb 5, 1996

Antonellis v. Northgate Constr. Corp., 362 Mass. 847, 851 (1973). See also Robert Indus., Inc. v. Spence, 362 Mass. 751, 753 (1973). Compare Doody v. … See Barchenski v. Pion, 9 Mass. App.

Commonwealth v. Milton

49 Mass. App. Ct. 552 · Massachusetts Appeals Court · Jul 6, 2000

As in Osborne v. … Commonwealth v. Roberio, 428 Mass. at 280 . Contrast Commonwealth v.

Lower v. North Middlesex Regional School Committee

8 Mass. App. Ct. 536 · Massachusetts Appeals Court · Oct 30, 1979

Rinaldo v. School Comm. of Revere, 294 Mass. *540 167, 169 (1936). Davis, supra at 362 . Faxon v. School Comm. of Boston, 331 Mass. 531, 534 (1954). Nutter v. School Comm. of Lowell, 5 Mass. App. Ct. 77, 81 (1977). … See McIntosh v. Abbot, 231 Mass. 180,182-183 (1918); Oehme v. Whittemore-Wright Co., 279 Mass. 558,563-564 (1932).

Commonwealth v. Shin

86 Mass. App. Ct. 381 · Massachusetts Appeals Court · Sep 25, 2014

See Rogers v. Commissioner of Dept. of Mental Health, 390 Mass. 489 (1983) (Rogers). … In Commonwealth v.

MICHAEL BOTELHO v. DIRECTOR OF THE DIVISION OF MARINE FISHERIES & Another.

Massachusetts Appeals Court · Jun 2, 2025

Anusavice v. Board of Registration in Dentistry, 451 Mass. 786, 802 (2008), quoting Korbin v. Board of Registration in Med., 444 Mass. 837, 850 (2005). … Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011), quoting Zora v. State Ethics Comm'n, 415 Mass. 640, 642 n.3 (1993).

Commonwealth v. Tewolde

88 Mass. App. Ct. 423 · Massachusetts Appeals Court · Oct 1, 2015

Commonwealth v. … See Lawn v.