Case law

Commonwealth v. Beauchamp

49 Mass. App. Ct. 591 · Massachusetts Appeals Court · Jul 10, 2000

The Commonwealth established at that first trial that the *593 victim had been shot five times at close range. … In a belated, conclusory, and insufficient manner, the defendant attempts to qualify for a narrow exception to this general rule, announced in Harrison v. United States, supra.

Shriver Nursing Services, Inc. v. Commissioner of the Division of Unemployment Assistance

82 Mass. App. Ct. 367 · Massachusetts Appeals Court · Aug 27, 2012

The review examiner determined that Shriver had failed to establish “deliberate misconduct which would allow it to terminate [Milinazzo’s] employment and disqualify her from benefits.” … That rationale would qualify for benefits even habitual sleepers and individuals derelict in the performance of duties important to the safety of others.

Commonwealth v. Barbosa

77 Mass. App. Ct. 340 · Massachusetts Appeals Court · Aug 11, 2010

He also challenges the Commonwealth’s reliance on drug analysis certificates for the marijuana and the ballistics certificate for the revolver, invoking the principles established in Melendez-Diaz v. … Also available to the jury was a photograph showing the revolver lying next to a ruler with inch divisions that are clearly readable.

Fish v. Accidental Auto Body, Inc.

95 Mass. App. Ct. 355 · Massachusetts Appeals Court · May 24, 2019

We draw the facts from the judge's findings and undisputed testimony, noting where the plaintiffs contend they are clearly erroneous. … "On appellate review, the judge's findings of fact will not be set aside unless they are clearly erroneous or there is no evidence to support them.

Niles v. Huntington Controls, Inc.

Massachusetts Appeals Court · Jul 31, 2017

The June 11, 2008, opinion letter, discussed infra, states that duties such as "maintaining inventory" and "customer contacts" are "clearly not prevailing wage work." … Establishing a job classification and pay rate for an HVAC technician.

Commonwealth v. Conley

43 Mass. App. Ct. 385 · Massachusetts Appeals Court · Aug 20, 1997

That the decision not to file the motion for a forensic examination of the knife could be characterized as a trial tactic does not, for that reason, render the decision immune from scrutiny. Commonwealth v. … Had counsel established that it was not the defendant on the intercepted tape, he would probably have been acquitted.

Diamond Group, Inc. v. Selective Distribution International, Inc.

84 Mass. App. Ct. 545 · Massachusetts Appeals Court · Nov 25, 2013

The defendant’s activity certainly cannot qualify as “an isolated (and minor) transaction with a Massachusetts resident.” 4 Tatro , 416 Mass, at 767. … Selective clearly knew that it was dealing with a Massachusetts business. See Burger King Corp. v. Rudzewicz, 471 U.S. 462, 480-481 (1985).

SMI Investors, Inc. v. Planning Board

18 Mass. App. Ct. 408 · Massachusetts Appeals Court · Jul 30, 1984

The record in the case before us makes clear that the plaintiff did not seek such a qualified endorsement and affirmatively sought multi-family dwellings as “the only way the investors would be able to recover their money … , a waiver application. “(3) Local regulations may be modified or waived, with respect to selected specifics, provided: — a written application is made, and; — the application fully described the locus . . . , describes clearly

Town of Middleborough v. Housing Appeals Committee

66 Mass. App. Ct. 39 · Massachusetts Appeals Court · Apr 11, 2006

But if the Federal or State government does not contribute something of value to the effort, there is nothing that qualifies as a government subsidy. … That the initial source of the funds may be considered a government agency with a statutory mandate does not by itself establish that the funds loaned are a government subsidy.

Commonwealth v. Morrill

68 Mass. App. Ct. 812 · Massachusetts Appeals Court · May 1, 2007

“Conduct is not established as public merely because another person actually observes the conduct.” Ibid. … The court house basement, albeit a closer case, also qualifies as a public place.

Commonwealth v. Hunt

79 Mass. App. Ct. 344 · Massachusetts Appeals Court · Apr 26, 2011

The record does not establish that failure to participate in treatment guarantees subsequent civil commitment pursuant to G. … Lile, supra, the treatment at issue in the present case does not clearly require participants to acknowledge past, uncharged offenses as a condition of treatment.

Commonwealth v. Morris

82 Mass. App. Ct. 427 · Massachusetts Appeals Court · Sep 14, 2012

It was only on cross-examination that she clearly said she discussed with Lahlali the defendant’s actions “[a]t least twice,” and “definitely more than once.” … Thus, with this one exception, “[t]he challenged testimony, if credible, established] the defendant’s pattern of disrespect and *442 hostility toward the victim that continued until the day he [raped] her.”

Parker v. Town of North Brookfield

68 Mass. App. Ct. 235 · Massachusetts Appeals Court · Feb 15, 2007

L. c. 32B, § 10, or in the establishment of the conditions of her employment. … employment would encourage every at-will employee to opt for the insurance in order to guarantee continuing employment, thus substantially hampering the town’s ability to maintain at-will positions in its work force, a result clearly

Nstar Elec. Co. v. Bd. of Assessors of Bos.

94 Mass. App. Ct. 1123 · Massachusetts Appeals Court · Feb 22, 2019

If one of these circumstances is present, the burden shifts back to the taxpayer to establish that the assessed value is in excess of the property's fair cash value. Boston Gas Co ., 458 Mass. at 729 . b. Facts . … Reed was qualified as an expert in regulatory matters relating to utilities, including rate-making and valuation issues.

Acushnet Company v. Beam, Inc.

92 Mass. App. Ct. 687 · Massachusetts Appeals Court · Feb 2, 2018

Clearly, the  15 parties could have deleted the words "or with respect to." … 'with respect to'"). 20 There is no dispute that the VAT receivables did not qualify as "tax refunds" under section 8.01(b). 21 Sections 8.01(e) and (f) address tax audits or amendments of tax returns

N-Tek Construction Services, Inc. v. Hartford Fire Insurance Co.

89 Mass. App. Ct. 186 · Massachusetts Appeals Court · Mar 14, 2016

informally, to serve as a project manager, and fully paid N-Tek's first twenty-one 6 We refer to Toffoloni and N-Tek interchangeably, as did the judge. 7 The judge found that Toffoloni was "highly qualified … In reviewing a judgment entered after a bench trial, we review the trial judge's factual findings, based on the "clearly erroneous" standard of Mass.R.Civ.P. 52(a), as amended, 423 Mass. 1402 (1996).

Ridgeley Management Corp. v. Planning Board of Gosnold

82 Mass. App. Ct. 793 · Massachusetts Appeals Court · Nov 21, 2012

The allegations, answers, and incorporated documents of the parties’ Land Court pleadings establish the following undisputed facts. … L. c. 41, § 8 IN, required both the establishment of a planning board and the planning board’s adoption of rules and regulations.

Tattan v. Kurlan

32 Mass. App. Ct. 239 · Massachusetts Appeals Court · Mar 20, 1992

The judge’s conclusion was unwarranted. 7 The plan designations that he found determinative did not qualify as excep *245 tions to the statutory presumption that the fee in the ways passed to the abutting grantees. … [along] the entire length of the way, as it is then laid out or clearly indicated . . . . ’ ” 9 Id. at 677 . Wellwood v.

Fern v. Immergut

55 Mass. App. Ct. 577 · Massachusetts Appeals Court · Aug 15, 2002

L. c. 223A, § 3(a), pursuant to which jurisdiction is exercised over a person “as to a cause of action in law or equity arising from the person’s transacting any business in the Commonwealth. ’’ 9 To qualify as jurisdiction-inducing … Indeed, the specific, non-conclusory facts alleged in a complaint may so clearly manifest a lack of jurisdiction that dismissal on the basis of the complaint alone would be warranted.

Custody of Michel

28 Mass. App. Ct. 260 · Massachusetts Appeals Court · Feb 7, 1990

His order also required DSS to establish a service plan to effect the ultimate reunification of the family unit. The parents and the three younger children have appealed from the custody component of the order. … A quali- *269 fled evaluation, however, may support a similarly qualified judicial finding.