Case law

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  • Quinton v. Gavin

    64 Mass. App. Ct. 792 · Massachusetts Appeals Court · Oct 19, 2005

    Likewise, in Lattuca v. Robsham, supra at 209 , the Supreme Judicial Court, citing Steele v. … See Office One, Inc. v.

    Cited 7 timesPublished
  • Central Water District Associates v. Cedar Meadow Lake Watershed District

    80 Mass. App. Ct. 468 · Massachusetts Appeals Court · Sep 26, 2011

    See Augat, Inc. v. Liberty Mut. Ins. … See also Waltham Telecommunications v.

    Cited 0 timesPublished
  • Commonwealth v. O'Leary

    Massachusetts Appeals Court · Sep 22, 2017

    However, at the time the trooper told the defendant this information, the defendant was boarded and immobilized while he received treatment for his injuries at the hospital. … See Commonwealth v.

    Cited 0 timesPublished
  • MARK KON & Others v. BETH FISHMAN & Others; CRAIG RODGERS, Defendant-In-Counterclaim.

    Massachusetts Appeals Court · Nov 21, 2025

    Bristol Asphalt, Co. v. Rochester Bituminous Prods., Inc., 493 Mass. 539, 555 (2024), quoting Duracraft Corp. v. Holmes Prods. Corp., 427 Mass. 156, 167-168 (1998). … See Cadle Co. v.

    Cited 0 timesUnpublished
  • New England Power Co. v. Riley Stoker Corp.

    20 Mass. App. Ct. 25 · Massachusetts Appeals Court · May 14, 1985

    Nor is it open to us to enlarge upon those statutes. 11 See Del Grosso v. Board of Appeal of Revere, *32 330 Mass. 29, 32 (1953), and cases therein cited. b. Estoppel. … In Shapiro v.

    Cited 50 timesPublished
  • Commonwealth v. Green

    27 Mass. App. Ct. 762 · Massachusetts Appeals Court · Sep 11, 1989

    See Commonwealth v. … Commonwealth v. Golston, 373 Mass. 249, 252-253 (1977). Contra United States v. Gould, 536 F.2d at 219-221 .

    Cited 6 timesPublished
  • Adoption of Iris

    43 Mass. App. Ct. 95 · Massachusetts Appeals Court · Jul 7, 1997

    Tosti v. Ayik, 394 Mass. 482 , 493 n.9 (1985), cert, denied, 484 U.S. 964 (1987). The requisite proof must be strong and positive; it must be “full, clear and decisive.” Callahan v. … See Commonwealth v. Day, 409 Mass. 719, 724 (1991); Commonwealth v. Azar, 32 Mass. App. Ct. 290, 302 (1992). No physician testified at trial here, however.

    Cited 36 timesPublished
  • Fontana v. COMMR. OF THE METRO. DISTRICT COMM.

    34 Mass. App. Ct. 63 · Massachusetts Appeals Court · Feb 1, 1993

    The board of review of DET denied the MDC's application for review. [3] In considering the defendant's motion for summary judgment on the plaintiff's liberty interest claim, the second motion judge recognized that the plaintiff's … See Regents of State Colleges v. Roth, 408 U.S. at 573-574 ; Codd v. Velger, 429 U.S. 624, 625 (1977); Stetson v.

    Cited 3 timesPublished
  • Mackie v. Comm'r of Corr.

    92 Mass. App. Ct. 1113 · Massachusetts Appeals Court · Nov 3, 2017

    However, declaratory relief is not 'an appropriate remedy where the validity of an adjudication by the board in an individual case is being challenged.' Averett v. Commissioner of Correction , 25 Mass. App. … See Sandin v.

    Cited 0 timesPublished
  • 133 WEST MAIN STREET REALTY, LLC v. ALLEN KIMBALL & Another

    Massachusetts Appeals Court · Feb 14, 2025

    See Linthicum v. … See Leardi v.

    Cited 0 timesPublished
  • Commonwealth v. Underwood

    3 Mass. App. Ct. 522 · Massachusetts Appeals Court · Oct 20, 1975

    United States v. Brown, 495 F. 2d 593, 600 (1st Cir. 1974), cert. den. 419 U. S. 965 (1974) ; Barker v. Wingo, 407 U. S. at 531 . Delay must be proportional in part to the complexity of the case. See Barker v. … Smith v. Hooey, 393 U. S. 374 (1969); Commonwealth v.

    Cited 30 timesPublished
  • Browning-Ferris Industries, Inc. v. Casella Waste Management of Massachusetts, Inc.

    79 Mass. App. Ct. 300 · Massachusetts Appeals Court · Apr 19, 2011

    The two contracting parties, Browning-Ferris Industries, Inc. (BFI), and Casella Waste Management of Massachusetts, Inc. (Casella), engage in the *301 collection, transport, and disposal of solid waste material. … Co. v. Holyoke, 23 Mass. App. Ct. 472, 475 (1987); Colorio v. Marx, 72 Mass. App. Ct. 382, 388 (2008).

    Cited 32 timesPublished
  • Sullivan v. Kondaur Capital Corp.

    85 Mass. App. Ct. 202 · Massachusetts Appeals Court · Apr 16, 2014

    Assn. v. … Assn. v.

    Cited 39 timesPublished
  • Southern Worcester County Regional Vocational School District v. Labor Relations Commission

    12 Mass. App. Ct. 189 · Massachusetts Appeals Court · Jul 3, 1981

    Board of Registration in Pharmacy, 350 Mass. 246, 253 (1966). Neto Boston Garden Corp. v. Assessors of Boston, 383 Mass. 456, 465-466 (1981). … Comm. v. Flight, 383 Mass. 642 (1981).

    Cited 6 timesPublished
  • Massachusetts Bay Transportation Authority v. Local 589, Amalgamated Transit Union

    20 Mass. App. Ct. 418 · Massachusetts Appeals Court · Jul 22, 1985

    Bank v. Judge Baker Guidance Center, 13 Mass. App. Ct. 144, 153 (1982). … That statute referred cases to the Board of Conciliation and Arbitration for resolution rather than to the Labor Relations Commission.

    Cited 5 timesPublished
  • Care and Protection of Rainie.

    Massachusetts Appeals Court · Apr 3, 2026

    The mother considered not boarding the flight but then decided against it and boarded the flight without Rainie and without arranging for Rainie's care. … See Commonwealth v. Ricardi, 99 Mass. App.

    Cited 0 timesUnpublished
  • Commonwealth v. Santiago

    52 Mass. App. Ct. 667 · Massachusetts Appeals Court · Oct 2, 2001

    Brown, 413 Mass. 693, 695-696 (1992) (child complainant’s responses to question of who hurt her, made hours after child had been immersed by defendant in bathtub of scalding water, admissible as spontaneous utterance); Commonwealth … v.

    Cited 8 timesPublished
  • Commonwealth v. Jovino Rivera.

    Massachusetts Appeals Court · Apr 20, 2023

    See Commonwealth v. Brown, 50 Mass. App. Ct. 253, 257 (2000) ("direct evidence" of actual possession includes eyewitness observation). … See Commonwealth v.

    Cited 0 timesUnpublished
  • Commonwealth v. Radoslaw Czerkawski.

    Massachusetts Appeals Court · Sep 23, 2024

    A veterinarian examined the dog, which was a female white pit bull with brown spots. … See Commonwealth v.

    Cited 0 timesUnpublished
  • Pugatch v. Stoloff

    41 Mass. App. Ct. 536 · Massachusetts Appeals Court · Oct 31, 1996

    To that end she caused a subdivision plan — more properly, a division plan, as it did not require planning board approval — to be filed, showing the lot bisected by a straight boundary line that ran parallel to both Sun Hill … See Van Allen v. Sweet, supra. 9 Cf. Woycik v. Woycik, 13 Conn.

    Cited 15 timesPublished

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