Case law

Ludlow Education Ass'n v. Town of Ludlow

31 Mass. App. Ct. 110 · Massachusetts Appeals Court · Jul 23, 1991

Each qualified member of the class is entitled to the following: for the period beginning July 1, 1988 (the effective date of the melded rate plan), and ending January 4, 1990 (the effective date of St. 1989, c. 653, *121 … Section 218 also mandates that (i) the ten percent floor established in G.

Phyllis Ndoro v. Maritza Torres

Massachusetts Appeals Court · Dec 11, 2024

. §§ 410.000 (2007) (establishing minimum standards for fitness for human habitation). … We accept the judge's findings of fact unless clearly erroneous, but we "scrutinize without deference the legal standard which the judge applied to the facts." Andover Hous. Auth. v.

J & R Investment, Inc. v. City Clerk

28 Mass. App. Ct. 1 · Massachusetts Appeals Court · Nov 2, 1989

The board’s further vote of May 22, 1986, whether or not it would qualify as a determi *6 nation that subdivision approval was required, was too late. … Although there is no statutory or other clearly defined time limit within which an action in the nature of mandamus must be brought, one may not delay unreasonably. See Hill v.

Commonwealth v. Godwin

60 Mass. App. Ct. 605 · Massachusetts Appeals Court · Mar 15, 2004

At this point, the judge invited the defendant “to tell me anything which you think makes you qualify for indigency.” The defendant did not offer any proof or explanation as to why he believed he was indigent. … In view of our holding that the defendant had the burden of *609 establishing his indigency, which he did not meet, any such omission is without consequence.

Shear v. Gabovitch

43 Mass. App. Ct. 650 · Massachusetts Appeals Court · Oct 14, 1997

trusts were established. … Qualifying the general principle that a trustee has an overriding duty of undivided loyalty to the trust beneficiaries and should avoid obligations that might conflict with that duty, see Jose v.

Coastal Oil New England, Inc. v. Citizens Fuels Corp.

38 Mass. App. Ct. 26 · Massachusetts Appeals Court · Jan 6, 1995

That section requires that creditors be given notice, either personally or by registered or certified mail, at least ten days prior to a sale qualifying as a bulk transfer. … Coastal contends that this finding is clearly erroneous and against the weight of the evidence.

Doe v. Sex Offender Registry Board

85 Mass. App. Ct. 1 · Massachusetts Appeals Court · Feb 24, 2014

accurately predict the recidivism rate of female offenders, the plaintiff had identified “a particular characteristic or condition peculiar to her that the guidelines do not appear to contemplate and that an available expert is qualified … offenders were only followed for an average of about seven years, and the rate of offending among sex offenders, especially among child molesters, has been observed to continue for up to 25 years”); Prentky & Lee, supra (“Clearly

Colby v. Commissioner

18 Mass. App. Ct. 767 · Massachusetts Appeals Court · Nov 15, 1984

Colby later qualifies and receives SSI again, he and the family will be able to apply under the prior practice. … An administrative agency may fill in the details of an established policy without repeating the steps required for promulgation of a regulation. See Atlas Distributing Co. v.

Maimonides School v. Coles

71 Mass. App. Ct. 240 · Massachusetts Appeals Court · Feb 25, 2008

He directed the trustee to distribute the remaining trust property to “organizations then qualifying for the federal estate tax charitable deduction,” as later designated by him or a successor trustee. … He stated that Brener was “clearly disoriented and confused and weak” at the time of the TIA-related incident on October 18, 2001. After the incident, Brener had “improved considerably,” “but remained weak.”

Commonwealth v. B & M Fitzgerald Builders, Inc.

71 Mass. App. Ct. 486 · Massachusetts Appeals Court · Mar 31, 2008

While the regulations do not specify how the absorption system should be designed, they clearly require that the soil absorption system be functional. … L. c. 21, § 43(2), by discharging effluent directly into the ground, failing to obtain a proper permit, and failing to qualify for the exemption by violating the Title 5 compliance requirements, the judge erred in granting

Appromed Corp. v. the Dehner Company, Inc.

Massachusetts Appeals Court · Mar 6, 2025

By rejecting the terms of ApproMed's proposed distributor agreement, Ketzler clearly signaled that he had not intended to be bound by their initial oral discussion, but instead, reserved committing to material terms until … Accordingly, a jury could not have reasonably concluded the plaintiff established 7 that the parties formed an oral contract that the defendant later breached.

Robinson v. Board of Health

58 Mass. App. Ct. 394 · Massachusetts Appeals Court · Jun 27, 2003

The plaintiffs neither contest Heavey’s status as an eligible “owner” under the statute, nor argue that his proposed sewer/septic system does not, except for its private rather than public nature, qualify as a “sewer service … Co., 393 Mass. 231, 236 [1984]); and they are further inappropriate in a certiorari proceeding, which is decided solely on whether substantial errors of law or the absence of substantial evidence clearly appears on the face

Commonwealth v. Flint

81 Mass. App. Ct. 794 · Massachusetts Appeals Court · May 30, 2012

The judge’s findings in reconstructing the record are supported by the evidence and not clearly erroneous. 4. Evidentiary issues, a. Multiple reports by victim. … admissible under the newly established doctrine of first complaint.

Adoption of Odile.

Massachusetts Appeals Court · Mar 20, 2026

A judge's 8 finding on witness credibility is "quintessentially the domain of the trial judge [so that (her)] assessment is close to immune from reversal on appeal except on the most … However, "[i]n review and redetermination hearings, the judge does not start with a blank slate, but builds on findings established in the preceding stages."

Fyntrilakis v. City of Springfield

47 Mass. App. Ct. 464 · Massachusetts Appeals Court · Jul 29, 1999

The object of election laws is to secure the rights of duly qualified electors and not to defeat them.’ … We are clearly prohibited from doing that under all of the case law.

Keystone Freight Corp. v. Bartlett Consolidated, Inc.

77 Mass. App. Ct. 304 · Massachusetts Appeals Court · Aug 2, 2010

[Keystone’s] claims and [Bartlett’s original] claim. . . that the former clearly should have been added as compulsory counterclaims to [Keystone’s] answer. . .” Mancuso, supra. … We are required to determine then whether Bartlett has established that there is no conduct on its part other than filing the claim.

Commonwealth v. Liberty

27 Mass. App. Ct. 1 · Massachusetts Appeals Court · Feb 16, 1989

The fight began in front of an establishment called Maggie’s Pub. The defendant sought the return of his money. When Pina claimed he had none, the defendant struck him. … While counsel may not have used the term self-defense, self-defense was clearly an issue before the jury, and the judge explicitly charged on both self-defense and accident.

Passero v. Fitzsimmons

Massachusetts Appeals Court · Aug 17, 2017

This case involves a dispute over the administration of a share of a trust established for the benefit of the plaintiff and two of her three children. … breach of trust"; "there is a lack of cooperation among co-trustees that substantially impairs the administration of the trust"; or "there has been a substantial change of circumstances or removal is requested by all of the qualified

Janocha's Case

Massachusetts Appeals Court · May 2, 2018

General Laws c. 152, § 65, establishes the trust fund as a State administered fund that compensates injured employees and reimburses insurers for payment of benefits under statutorily defined circumstances. … Section 65(2)(e) conditions payment of benefits by the trust fund to a qualifying employee whose employer is "uninsured in violation of this chapter."

FRANCIS HENNESSEY & Another v. CAPE COD ORTHOPEDICS AND SPORTS MEDICINE, P.C. & Another.

Massachusetts Appeals Court · Apr 10, 2025

The materials in the record, viewed in the light most favorable to the plaintiff, establish the following facts. … "The information a physician reasonably should possess is that information possessed by the average qualified physician or, in the case of a specialty, by the average qualified physician practicing that specialty."