Case law

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

COMMONWEALTH v. MICHAEL RODRIGUEZ.

101 Mass. App. Ct. 439 · Massachusetts Appeals Court · Jul 27, 2022

[Note 9] The defendant's former girlfriend testified at trial without immunity or an agreement regarding disposition of the charge against her. … However, none of that other evidence directly established that it was the defendant who shot the victim.

Adoption of Iris

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

If this standard of proof is to have meaning in cases involving the possible termination of parental rights, it cannot be said here that the evidence before the judge clearly and convincingly proved unfitness. … It was inadequate in the event to establish current parental unfitness by the requisite degree of proof. Further proceedings.

Henderson v. D'ANNOLFO DODGE ELECTRICAL CONTR

15 Mass. App. Ct. 413 · Massachusetts Appeals Court · Mar 9, 1983

Dodge challenges the judge’s action and states that the master’s report presented “facts final” which are “binding” upon the judge unless they are “clearly erroneous.” … He correctly notes that the chain of custody was not irrefutably established, but when, as was the case here, credible testimony is offered to establish that chain, any imperfections go to the weight of the evidence, not

QUINTEASHA DOSSANTOS v. BETH ISRAEL DEACONESS HOSPITAL-MILTON, INC., & Others

Massachusetts Appeals Court · Nov 12, 2024

Clearly, the 'good cause' test requires the [p]laintiff to prove that the records contain more than basic medical information found in all medical records." … Pts. 160 and 164 (2024) (establishing national standards to protect privacy of health care information by requiring certain health plan and health care entities to establish safeguards regarding disclosure); Alberts v.

Kelley v. Cambridge Historical Commission

84 Mass. App. Ct. 166 · Massachusetts Appeals Court · Aug 21, 2013

The exceptions are for “ordinary maintenance and repair,” alterations that are “clearly of minor nature,” and alterations “required by casualty or other emergency.” … L. c. 40C, § 5, for standing as owners of property within the same historic district, because, as noted supra, no historic district has ever been established in the area.

AARON GOODALE v. TOWN OF UPTON & Others.

Massachusetts Appeals Court · Aug 8, 2023

Fitchburg Capital, LLC, 471 Mass. 248, 252-253 (2015), to determine "whether, viewing the evidence in the light most favorable to the nonmoving party, all material facts have been established and the nonmoving party … The town is immune from suit for intentional torts. G. L. c. 258, § 10 (c); Barrows v. Wareham Fire Dist., 82 Mass. App. Ct. 623, 626 (2012).

Dynamics Research Corp. v. Analytic Sciences Corp.

9 Mass. App. Ct. 254 · Massachusetts Appeals Court · Feb 27, 1980

At that time he establishes officially what the schedule for routine reports will be. He will establish how deeply into the instrumentation we are going to go. … Not every commercial secret, however, qualifies as a trade secret.

Care & Protection of Georgette

54 Mass. App. Ct. 778 · Massachusetts Appeals Court · May 22, 2002

See Adoption of Holly, 432 Mass. 680, 690 (2000) (“[the father’s] parental unfitness was established by overwhelming evidence. … The father’s unfitness was clearly, convincingly, and decisively established by the evidence of his persistent failure to nurture or provide for the basic needs of his children, even when he lived with them (which he did

Katz v. Katz

55 Mass. App. Ct. 472 · Massachusetts Appeals Court · Jul 19, 2002

Following the 1993 modification, Nathan purchased a condominium in West Palm Beach, Florida, utilizing $112,000 of his investment funds (because of his claimed inability to qualify for a mortgage without a steady source of … As noted above, the original judgment reflected no expectation or intention that Nathan’s alimony obligation was to end short of his death or clearly established inability to pay. See Huddleston v. Huddleston, 51 Mass.

LUZ HARVEY & Another v. ELIAS ASSED (And a Consolidated Case).

Massachusetts Appeals Court · Jun 28, 2024

This seems to place him clearly in the category of being a 'non- resident' of MA, requiring compliance with G. L. c. 90 § 3C. As Plaintiff has not established compliance with G. … Initially there was, "to a large extent, immunity from all legal responsibility on the part of such nonresident" drivers (quotation and citation omitted). Pawloski v. Hess, 250 Mass. 22, 26 (1924).

Commonwealth v. Martin

39 Mass. App. Ct. 658 · Massachusetts Appeals Court · Jan 24, 1996

Here, the evidence was clearly relevant because it went to a critical issue in the case — whether the complainant consented to the various acts of sexual intercourse. Commonwealth v. … We need not decide whether the absence of the defendant was error, because there is enough on the record to establish that the defendant waived his presence.

Commonwealth v. Duddie Ford, Inc.

28 Mass. App. Ct. 426 · Massachusetts Appeals Court · Mar 26, 1990

The judge made a finding that the loan applications and income verification documents qualified as business records, but because of what he perceived as a “totem pole hearsay” *435 problem 9 ruled that they could be admitted … Viewing the charge as a whole, 18 we conclude that the judge clearly and correctly imparted that a conviction under G.

Care and Protection of Quira.

Massachusetts Appeals Court · Oct 9, 2025

Wu was not qualified to testify 8 that the parents' insurance would not cover Quira's placement at the Seven Hills facility. … Ct. 120, 125 (1984) ("The specialized needs of a particular child when combined with the deficiencies of a parent's character, temperament, capacity, or conduct may clearly establish parental unfitness").

Molly A. v. Commissioner of the Department of Mental Retardation

69 Mass. App. Ct. 267 · Massachusetts Appeals Court · Jun 5, 2007

We do not interpret regulatory statutes in a manner that imposes procedural requirements on an agency that are not clearly mandated by the statutory language. See Grocery Mfrs. of Am., Inc. v. … review — that when an agency has, in the discretionary exercise of its expertise, made a choice between two fairly conflicting but debatable views, and its choice reflects reasonable evidence (especially when supported by qualified

Robert and Ardis James Foundation v. Meyers

87 Mass. App. Ct. 85 · Massachusetts Appeals Court · Feb 12, 2015

James's personal accounts, but from plaintiff the Robert and Ardis James Foundation (foundation), a charitable entity for purposes of the Internal Revenue Code, organized under the laws of New York, whose purpose is to make qualifying … The standard of review is well established. The judge's findings of fact are accepted unless they are clearly erroneous. Anastos v. Sable, 443 Mass. 146, 149 (2004).

Farrell Enterprises, Inc. v. Commissioner of Revenue

46 Mass. App. Ct. 564 · Massachusetts Appeals Court · Mar 30, 1999

The amendment to § 32B establishes that it is only when this process is completed that the sums may be combined to arrive at the group’s combined net income. … Obviously, the combined net income of a qualifying group bears no relationship to a consolidated financial statement prepared in accordance with generally accepted accounting principles.

Guardianship of Ezekiel.

Massachusetts Appeals Court · Jun 26, 2026

The Court finds the petitioner has established sufficient evidence of [the m]other's unfitness to satisfy the necessary burden." … and consented to the maternal grandmother having guardianship of Ezekiel, and as addressed above, the mother waived the issue of unfitness. 5 "Upon hearing, if the court finds that a qualified

Truong v. Wong

55 Mass. App. Ct. 868 · Massachusetts Appeals Court · Sep 18, 2002

Every employer in the Commonwealth, with certain limited exceptions, is required to carry workers’ compensation insurance, unless self-insured or a member of a self-insurance group if so qualified. … L. c. 152 “given the absence of a statute establishing the measure of damages”).

E. Retail Props., Inc. v. Greenfield Prop. Dev., LLC

92 Mass. App. Ct. 1110 · Massachusetts Appeals Court · Oct 23, 2017

The implied finding that the developer engaged in unfair or deceptive conduct is not clearly erroneous, and therefore must be upheld. 12 See Anthony's Pier Four, Inc . v. HBC Assocs ., 411 Mass. 451 , 476 (1991). … , either of market value, of established experience or by direct inferences from known facts."