Case law

Adoption of Farhina.

Massachusetts Appeals Court · Jan 29, 2026

L. c. 119, § 26, a judge of the Juvenile Court terminated the father's parental rights to his child, Farhina.2 On appeal, the father argues that the evidence did not clearly and convincingly establish that he is currently … Christopher Rose, who was qualified as an expert in clinical psychology. Dr.

Commonwealth v. Morrison

Massachusetts Appeals Court · Sep 11, 2023

Clearly, it must be some "means" or "way" already mentioned earlier in the sentence. Turning first to "that means," to what word or phrase earlier in the sentence does it refer? … To be sure, if the Legislature had intended the defendant's interpretation, it could have said so more clearly, by avoiding the word "thereby."

Commonwealth v. Moore

52 Mass. App. Ct. 120 · Massachusetts Appeals Court · Jul 23, 2001

The judge qualified his question by informing the defendant that he did not have to make a decision until “before your counsel rests . . . .” … Here, the colloquy was not requested by defense counsel, but by not objecting to it, he clearly approved of the procedure. 6 After the defendant decided not to testify, the Commonwealth *125 then rested.

Layes v. RHP Properties, Inc.

Massachusetts Appeals Court · Aug 28, 2019

Regs. § 410.201 (2005) (establishing minimum temperature requirement of at least sixty- 34The Supreme Judicial Court has observed that § 14 "belongs to a body of statutes establishing tenants' remedies against landlords … Here, a class of 240 members is sufficiently numerous to qualify for class treatment.

Commonwealth v. McCray

109 N.E.3d 1091 · Massachusetts Appeals Court · Aug 31, 2018

But it is not the case, as the defendant argues, that "such proof could be established only by evidence that Mr. … An examination of the defendant's conviction for kicking the victim may make the point more clearly.

In re Adoption Garret

92 Mass. App. Ct. 664 · Massachusetts Appeals Court · Oct 4, 2017

At the hospital, Elizabeth was examined by a physician, who was qualified at trial as an expert in pediatrics and child abuse *1146 medical assessments. … While Garret and Michael state in their brief that the judge relied on clearly erroneous findings, they do not state which specific factual findings were erroneous.

Rass Corporation v. The Travelers Companies, Inc.

Massachusetts Appeals Court · Nov 10, 2016

To establish waiver, Rass must demonstrate that the payment amounted to the intentional relinquishment of a known right. See Rotundi v. … Butler, 424 Mass. 413, 420 (1997) (judge's c. 93A findings will not be disturbed unless clearly erroneous). c.

Navy Yard Four Associates, LLC v. Department of Environmental Protection

88 Mass. App. Ct. 213 · Massachusetts Appeals Court · Sep 4, 2015

Here, the text of the Waterways Act clearly states that tidelands are "present and former submerged lands and tidal flats lying below the mean high water mark." G. L. c. 91, § 1. … During the time the BRA owned the property, from 1979 until 2005, the property's tidelands qualified as "Commonwealth tidelands" due simply to the BRA's ownership.

Beaupre v. Cliff Smith & Associates

50 Mass. App. Ct. 480 · Massachusetts Appeals Court · Nov 16, 2000

Compaine was so qualified, a finding amply supported by his resume and experience, see Commonwealth v. … Given these authorities, we have no hesitation in stating that our law clearly rejects the defendants’ contention that Smith cannot be held individually liable under c. 15 IB for his active sexual harassment of the plaintiff

Commonwealth v. PHILIP S.

32 Mass. App. Ct. 720 · Massachusetts Appeals Court · Jun 24, 1992

Lanoue, 392 Mass. 583 , 586 n.2 (1984) (judge’s failure to make detailed subsidiary findings does not require a remand “where the ultimate conclusion is clearly evident from the record”), S.C., 400 Mass. 1007 (1987) and 409 … Smith did not qualify as an “interested adult.”

Zabin v. Picciotto

73 Mass. App. Ct. 141 · Massachusetts Appeals Court · Nov 18, 2008

The judge was clearly within his discretion in ordering Stefano to consent to the release of the requested documents. … Without support in the record, they cannot establish error or prejudice.

Doe, SORB No. 22164 v. Sex Offender Registry Board

Massachusetts Appeals Court · Sep 28, 2023

As we have noted, "the bar for showing changed circumstances is 'very low' and . . . the mere passage of time generally qualifies." See Doe, Sex Offender Registry Bd. No. 6969 v. … The first is that Doe has not met his burden of establishing what in fact occurred here.

Commonwealth v. Alves

Massachusetts Appeals Court · Nov 20, 2019

We held that the juror did  12 not demonstrate bias and that he was qualified to serve. See id. at 650. … Following the hearing, the judge concluded that the defendant had not met his burden of establishing a prima facie case of jury underrepresentation and

Hawley v. Preferred Mutual Insurance Co.

88 Mass. App. Ct. 360 · Massachusetts Appeals Court · Sep 16, 2015

"We accept the judge's findings in a bench trial unless they are clearly erroneous." Weiler v. PortfolioScope, Inc., 469 Mass. 75, 81 (2014), quoting from Makrigiannis v. … Ct. 617, 625 (2000) (citation omitted), that when we determine what qualifies as a reasonable amount of time for commencing a suit, we look at the "facts and circumstances of each particular case," the Hawleys argue that

Miller

71 Mass. App. Ct. 625 · Massachusetts Appeals Court · Apr 30, 2008

The jury were clearly instructed that “[t]he petitioner need not prove that he is no longer a sexually dangerous person.” … Both Kelso and Pierce are qualified examiners, as designated by G. L. c. 123A.

Commonwealth v. Thompson

89 Mass. App. Ct. 456 · Massachusetts Appeals Court · Jun 3, 2016

While determining that the underlying evidence did not qualify as consciousness of guilt evidence, the court did not address whether the evidence should not have been admitted in the first place or whether it (or comments … While Rennie is not excluded, the evidence clearly indicates the defendant's knowing participation, such as the payments for her rent and EZ Pass.

McCarthy v. Mills

26 Mass. App. Ct. 223 · Massachusetts Appeals Court · Jul 20, 1988

The purchase of the locus and the establishment of the building as a three-unit condominium had been arranged by the Seuss and Mills couples. … We have been referred to no evidence which would show this finding to be unsupported or which would cause this ruling to be clearly erroneous.

Markell v. Sidney B. Pfeifer Foundation, Inc.

9 Mass. App. Ct. 412 · Massachusetts Appeals Court · Mar 24, 1980

She had no business training or experience, but she entrusted her business affairs to qualified professionals in whose hands her inheritance prospered. … Sidney Pfeifer was clearly the moving force behind the foundation.

Commonwealth v. Arthur Bubanas.

Massachusetts Appeals Court · Mar 23, 2026

independent determination as to the identity of the person they saw on the video footage and (2) the defendant was also identified at trial by an acquaintance of many decades who described the defendant's orange shirt (clearly … L. c. 233, § 79G, because the author was not known and the statements did not come from a qualifying physician. We conclude that there was no error because the records were admissible under G. L. c. 233, § 79.

KENNETH MACDONALD & Another v. KRISTEN KAZOKAS & Another.

Massachusetts Appeals Court · Nov 22, 2023

The board offered no procedural shortcuts and made no promises. 7 Certiorari is "available to persons, including abutters, who can establish 'injury to a protected legal interest.'" Walpole Country Club v. … In our view, it was not unreasonable for the board to suggest that if the property had qualified in 2014, it was likely to qualify in 2018.9 Further, to be sure, the board expressed sympathy for Kazokas because her