Case law

Keville v. McKeever

42 Mass. App. Ct. 140 · Massachusetts Appeals Court · Jan 31, 1997

“It is well established that the professional specialty of a medical practitioner offered as a witness need not be precisely and narrowly related to the medical issues of the case.” Kapp v. … Brussel did not hold himself out as an expert in dementia, and he was qualified by the court as an expert in psychiatry (the treatment of mental illness), he stated that he knew about dementia and had treated ten to twenty

Atlas Tack Corp. v. Liberty Mutual Insurance

48 Mass. App. Ct. 378 · Massachusetts Appeals Court · Dec 22, 1999

The consent judgment required in part that Atlas Tack submit and implement by certain deadlines “a comprehensive plan prepared by qualified professional engineers, knowledgeable in the field of water pollution, for the complete … Ct. 465, 479-481 (1997), the court in Augat required no further showing of prejudice where the record clearly established that the insured’s breach undermined the purpose of the voluntary payment clause — that of giving the

M.D. v. Department of Developmental Services

83 Mass. App. Ct. 463 · Massachusetts Appeals Court · Apr 1, 2013

The answer, we hold, is a qualified yes.” Id. at 587 . See id. at 596-597 . The decision reflected the *467 modem trend favoring the mainstreaming of the disabled into society. … Regs. § 1.01(6)(c) (1998) (governing the form and content of claims; requiring the notice of claim to “state clearly and concisely the facts upon which the Party is relying as grounds . . .”).

BBF, INC. v. Germanium Power Devices Corp.

13 Mass. App. Ct. 166 · Massachusetts Appeals Court · Feb 5, 1982

Ward in Delaware on November 1, 1973, and was qualified to do business in Massachusetts. Mr. Ward became its president and a director at once upon its incorporation. In its behalf, Driscoll and Mr. … On this record, we are not in a position to say that her determination was clearly erroneous.

Commonwealth v. Coleman

20 Mass. App. Ct. 541 · Massachusetts Appeals Court · Aug 12, 1985

Kelly, 8 Cush. 199 , 202 (1851) (“independent evidence of such a character as clearly to turn the scale”). … This completes a vicious circle since the successful acquittal on the substantive offense would immunize him as to the very falsehoods which brought it about.

In re the Estate of Moretti

69 Mass. App. Ct. 642 · Massachusetts Appeals Court · Aug 1, 2007

Silvernail, [supra], or ‘clearly erroneous’ (the standard applicable to equitable proceedings), see Mass.R.Civ.P. 52(a), 365 Mass. 816 (1974).” … Cleary, 427 Mass. at 295 , the Supreme Judicial Court established the rule that “the fiduciary who benefits in a transaction with the person for whom he is a fiduciary bears the burden of establishing that the transaction

Commonwealth v. Wright

88 Mass. App. Ct. 82 · Massachusetts Appeals Court · Aug 18, 2015

The applicant is then able to employ the EBT card to make qualifying purchases. … Section 59 establishes venue for larceny by false pretenses as follows: "The crime of obtaining money or a personal chattel by a false pretence . . . may be alleged to have been committed, the Commonwealth could

Y.F. v. E.O.

Massachusetts Appeals Court · Mar 17, 2026

The judge told the defendant that "the history of that 4 conversation, it's clearly not just that one conversation that you both had. … The defendant argues that there was insufficient evidence for the judge to have found that she committed three qualifying acts of harassment. We are not persuaded.

Salah v. Board of Appeals of Canton

2 Mass. App. Ct. 488 · Massachusetts Appeals Court · Aug 5, 1974

“(d) Adequacy of space for the off-street loading and unloading of vehicles, goods, products, materials and equipment incidental to the normal operation of the establishment. ” 8 The board’s decision states: “The Board believes … (“Since noise level, sewage limits, and the like can be qualified, their administration need involve little discretion.”) 10 The master found “as a fact that the respondent should be directed to approve the application ..

Santana v. Commonwealth

90 Mass. App. Ct. 372 · Massachusetts Appeals Court · Sep 30, 2016

c. 258D, §§ 1-9, represents a limited waiver of the Commonwealth's sovereign immunity so as to permit eligible persons who were wrongfully convicted and imprisoned to file a civil action in the Superior Court and to pursue … Clearly this language is specifically describing that it was legally impossible for Santana to be guilty of rape with the codefendant's penis. This is certainly not a fact that tends to establish innocence.

Kourouvacilis v. American Federation of State, County & Municipal Employees

65 Mass. App. Ct. 521 · Massachusetts Appeals Court · Feb 9, 2006

App. 3d at 910 ; Stein, 6 N.J. at 527 ; Flecha, 31 Misc. 2d at 446 ) clearly implies that the unrelated unethical activities did not harm the client. … In a related context, we have imputed a lawyer’s actions and knowledge to his professional corporation, rejecting attempts by the firm to qualify as an “innocent insured” under insurance policies.

Lisbon v. Contributory Retirement Appeal Board

41 Mass. App. Ct. 246 · Massachusetts Appeals Court · Sep 4, 1996

To discharge that burden, it was incumbent upon him to establish his case by a preponderance of the evidence. … Lisbon did not qualify as a covered person under the statute.

Adoption of Xica.

Massachusetts Appeals Court · Nov 12, 2025

establish that she was currently unfit to parent Xica or that her unfitness would persist indefinitely because, among other things, a number of the judge's findings are clearly erroneous and there was no evidence … To the contrary, there was ample evidence establishing each of these findings.

Morway v. Town of Webster

29 Mass. App. Ct. 604 · Massachusetts Appeals Court · Dec 14, 1990

The town employs a form of representative town meeting government established under St. 1933, c. 13, as authorized by G. L. c. 43A, § 1. … State Ballot Law Commn., 407 Mass. 949 (1990), where the Supreme Judicial Court *610 found that an initiative petition which lacked, proper subscription by at least ten qualified voters was invalid, although in the course

Commonwealth v. McCollum

79 Mass. App. Ct. 239 · Massachusetts Appeals Court · Apr 14, 2011

L. c. 140, § 121 (requiring operability to qualify as a firearm). The jury considered no circumstantial evidence, such as spent shell casings, the smell of gunpowder, or audible shots, suggesting operability. … Here, the police entered the apartment in pursuit of Williams under clearly exigent circumstances. See Commonwealth v. Forde, 367 Mass. 798 , 806 n.3 (1975).

Commonwealth v. Colantonio

31 Mass. App. Ct. 299 · Massachusetts Appeals Court · Aug 29, 1991

A witness who may be “effectively immunized from further prosecution by his prior conviction [ ] . . . … Early in the charge on self-defense and defense of another, the judge clearly and forcefully instructed the jury that the burden of proof on this issue remains with the Commonwealth at all times.

Commonwealth v. Lamontagne

42 Mass. App. Ct. 213 · Massachusetts Appeals Court · Feb 14, 1997

L. c. 233, § 20, as appearing in St. 1983, c. 145, is that any person of ‘sufficient understanding’ is qualified as a witness. ‘While age is of importance, it is not the test.’ Commonwealth v. … Although an excessive use of fresh complaint witnesses can result in a legitimate risk of undue prejudice, that risk is alleviated where the trial judge clearly, emphatically, and repeatedly instructs the jury not to use

Heins v. WILHELM LOH WETZLAR OPTICAL MACH. GMBH

26 Mass. App. Ct. 14 · Massachusetts Appeals Court · May 11, 1988

does not advertise its products or employ agents or salesmen to solicit business in the United States; it does not pay Federal or Massachusetts income taxes; it owns no property in Massachusetts; it is not registered or qualified … As a result, the statutory standard has not always been clearly and separately defined. See and compare " Automatic" Sprinkler Corp., 361 Mass. at 442-443 ; Droukas v.

Adams v. Congress Auto Insurance Agency, Inc.

90 Mass. App. Ct. 761 · Massachusetts Appeals Court · Dec 21, 2016

Well-established exceptions to that rule are recognized in the employment context. … Gainsboro Restaurant, Inc., 465 Mass. 165, 176-177 (2013) (Klairmont) ("in the absence of conduct that qualifies as unfair or deceptive, a negligent act or negligent acts, alone, do not violate [G. L.] c. 93A").

Commonwealth v. Randy S. White.

Massachusetts Appeals Court · Aug 15, 2025

It is not necessary for a judge to expressly qualify an EMT as an expert, "[a] judge may implicitly qualify an experienced, certified EMT as an expert." Bouley, 93 Mass. App. Ct. at 714, quoting Commonwealth v. … "The judge's findings in reconstructing the record are supported by the evidence and not clearly erroneous." Flint, supra at 804. See also Commonwealth v. Aboulaz, 44 Mass. App.