Case law

Dever v. Ward

Massachusetts Appeals Court · Sep 7, 2017

The record before us is insufficient to determine whether FINRA arbitration qualifies as a "governmental proceeding" within the meaning of § 59H.6 However, Dever has never argued, either in opposing the special motion … to establish that his claims concerning the defendants' communications to the police, to the courts, and in the FINRA arbitration do not constitute a SLAPP suit.

Prozinski v. Northeast Real Estate Services, LLC

59 Mass. App. Ct. 599 · Massachusetts Appeals Court · Oct 16, 2003

The number of these improper requests for reimbursement compels me to conclude that you made these requests knowing that they did not qualify as *607 business expenses or were not going to properly justify your reimbursement … While we have not completed our investigation of their allegations, your actions are clearly improper and, even if they do not rise to the level of actionable sexual harassment or discrimination (which they may), they raise

Commonwealth v. DiGiambattista

83 Mass. App. Ct. 180 · Massachusetts Appeals Court · Jan 25, 2013

We accept those findings unless they are clearly erroneous (which they have not been shown to be). See Commonwealth v. Welch, 420 Mass. 646, 651 (1995). … Pisano, who took the lead throughout the interview, asked the defendant some basic background questions, and he established that the defendant was not currently under the influence of any drugs or alcohol, and had never been

City of Salem v. Massachusetts Commission Against Discrimination

44 Mass. App. Ct. 627 · Massachusetts Appeals Court · Apr 29, 1998

The Division of Personnel Administration (DPA) forwarded a list of nineteen names, with Brown first on the fist based on his having received the highest cumulative score on the civil service qualifying examination. … The principle of that decision presents an application of the doctrine of sovereign immunity, as explained in Onofrio v.

Commonwealth v. Tatro

4 Mass. App. Ct. 295 · Massachusetts Appeals Court · May 13, 1976

The judge found that Lieutenant Powers clearly and adequately advised the defendant of his constitutional rights. … The witness was qualified to testify to such an opinion. The possibility that there could have been other causes of the victim’s death does not make his opinion inadmissible. Before giving his opinion Dr.

Lily Transportation Corp. v. Royal Institutional Services, Inc.

64 Mass. App. Ct. 179 · Massachusetts Appeals Court · Aug 5, 2005

[by] failing] to apprise Lily of the existence of an entity other than [Royal].” 13 Such conduct was, the judge *204 declared, “unethical” and “clearly outside the penumbra of any established concept of fairness.” … “Although whether a particular set of acts, in their factual setting, is unfair or deceptive is a question of fact. . . the boundaries of what may qualify for consideration as a c. 93A violation is a question of law.”

AMITABH CHANDRA v. PETER DECAPRIO & Others.

Massachusetts Appeals Court · Mar 5, 2025

On the current record, we are unable to say that the judge's findings of fact were clearly erroneous. … was a clearly erroneous.

RAYMOND F. LABONTE, JR. v. ANN M. BECKER & Others.

Massachusetts Appeals Court · May 30, 2025

The defendants allege that the bank did not qualify as a bidder at the foreclosure auction because the bank did not make a $10,000 deposit as listed within the terms of sale, making any subsequent conveyance of the property … The trial judge made a credibility determination that Wilson was a licensee of the Beckers, which we accept unless clearly erroneous. Mass. R. Civ. P. 52 (a), as amended, 423 Mass. 1402 (1996).

Adoption of Geneva.

Massachusetts Appeals Court · May 21, 2025

We further conclude that the decision to terminate the mother's parental rights was based on clear and convincing evidence, which established that she had a long history of neglecting Geneva and that she suffered from … When Geneva was three months old, in August 2015, she qualified for early 3 The mother's struggle with addiction contributed to her losing custody of her older son, who tested positive for cocaine at birth.

NIAL LUU v. FALLON SERVICE, INC., & Another

Massachusetts Appeals Court · Jan 30, 2025

against health care providers who report certain forms of believed misconduct to supervisors or public authorities.[4] The parties agree that Fallon is a health care facility.[5] They disagree whether the plaintiff, an EMT, qualifies … established public policy."

Adoption of Zendaya.

Massachusetts Appeals Court · Aug 14, 2024

As for the mother's housing stability, the judge found that she had not established stable housing at the time of trial. … Zendaya has been doing well and is up to date medically and with her immunizations. Zendaya has a 11 great relationship with her foster parents.

Commonwealth v. Stroman

Massachusetts Appeals Court · Aug 17, 2023

Census 2 The indictment alleged three prior convictions for violent crimes, which would qualify the defendant as an "armed career criminal" under G. L. c. 269, § 10G (c), see Commonwealth v. Johnson, 102 Mass. … The evidence of his background, per se, clearly had no bearing on his credibility. "Evidence of nationality, race, or color cannot be introduced to affect the credibility of individual witnesses."

COMMONWEALTH v. RICHARD M. CORBETT.

101 Mass. App. Ct. 355 · Massachusetts Appeals Court · Jul 8, 2022

While the report did not cite a clearly identifiable disease affecting the defendant's memory, such as Alzheimer's disease, it stated that the defendant had been diagnosed in September 2016 with attention deficit hyperactivity … Only the most disabling of conditions, we emphasize, would qualify under the standard we announce today." Sorden, 36 Cal. 4th at 69 .

Smaland Beach Association, Inc. v. Genova

94 Mass. App. Ct. 106 · Massachusetts Appeals Court · Sep 25, 2018

The group established a neighborhood of summer camps they called Smaland. … See Paine, 108 Mass. at 169 ("The general rule of construction of all grants of land bounded by water of any kind is now well established, that, unless qualified by restrictive words, they pass the soil towards the centre

Jones v. Jones

Massachusetts Appeals Court · Sep 6, 2023

In 2015, the wife's mother established an irrevocable grantor retained annuity trust (GRAT), a vehicle for transferring money while avoiding Federal gift taxes. See Freedman v. … And the presence of terms such as "uncontrolled discretion" or "sole discretion" is not inconsistent with the establishment of an enforceable interest. In re Mendelson Estate, supra.

PETER CUOZZO & Another v. ZONING BOARD OF APPEALS OF WESTWOOD & Others.

Massachusetts Appeals Court · Jun 26, 2023

The Cuozzos established the type of "injury particular to the plaintiffs" that was lacking in Murchison, supra at 214. … L. c. 40A, 'we defer to the factual findings of the trial judge unless they are clearly erroneous.

FIC Homes of Blackstone, Inc. v. Conservation Commission

41 Mass. App. Ct. 681 · Massachusetts Appeals Court · Nov 21, 1996

The Blackstone wetlands by-law clearly affords greater protection than the act. … Counsel did not object to the cited testimony on the ground that it was impermissible opinion testimony, given that Pond had not been qualified as an expert.

Commonwealth v. Matos

78 Mass. App. Ct. 578 · Massachusetts Appeals Court · Jan 11, 2011

The evidence was insufficient to establish that the defendant, alone or by aiding and assisting Sampson, induced B.C. to become a prostitute in violation of G. L. c. 272, § 4A. … B.C., who was called as a witness for the Commonwealth, testified pursuant to a grant of immunity.

Lindsey v. Ogden

10 Mass. App. Ct. 142 · Massachusetts Appeals Court · Jun 30, 1980

The probate judge found that Ogden had not violated his duties as special administrator and that he was suitable and qualified to be appointed as executor. … On appeal, Christopher argues that the findings that Ogden was suitable to continue as special administrator and to be appointed as executor are clearly erroneous.

Commonwealth v. Ricardo Lopez

Massachusetts Appeals Court · Oct 9, 2025

"It is quintessentially the duty of counsel to provide her client with available advice about an issue like deportation and the failure to do so 'clearly satisfies the first prong of the Strickland analysis. … Of course, the defendant's burden on a motion for a new trial is not to establish actual prejudice to his immigration status; rather it is to establish "a reasonable probability that the result of a plea would have been more