Case law

M.B. v. T.E.

Massachusetts Appeals Court · Aug 11, 2023

It is a misunderstanding of an email that could have much more clearly stated that T.E. was concerned by a statement S.B. made that T.E. perceived as a threat. 10 Again, the record does not indicate that M.B. provided a … Ct. 372, 376 (2019) (persistence alone is insufficient to establish harassment). The lawsuit that T.E. filed against M.B. also is insufficient to qualify as the third separate act.

Commonwealth v. Manolo M., a juvenile

Massachusetts Appeals Court · Dec 15, 2023

Viewed in the light most favorable to the Commonwealth, the evidence was sufficient to establish the following. … The Commonwealth's evidence establishing that Manolo did not act in self-defense was not overwhelming, and required resolution by the fact finder.

Commonwealth v. Rosario-Santiago

Massachusetts Appeals Court · Oct 2, 2019

Clearly, police may do so, provided the written inventory policy requires them to do so" (emphasis added). 61 Mass. App. Ct. at 684. … What's more, it threatens to immunize inventory searches from any meaningful judicial oversight.

Mount Auburn Hospital v. Board of Assessors of Watertown

55 Mass. App. Ct. 611 · Massachusetts Appeals Court · Aug 19, 2002

L. c. 59, § 5, Third, and “coupled with the proportionate exemption rule, was enough to qualify the property for a partial exemption.” The abatement for fiscal year 1994 was $104,311.44. 2. Discussion. A. … A taxpayer has the burden of establishing its right to an exemption, Assessors of Boston v.

Berg v. Town of Lexington

68 Mass. App. Ct. 569 · Massachusetts Appeals Court · Apr 6, 2007

Relying on the definition of “lot” in § 2 of the by-law, the plaintiffs claim that parcels 1 and 2 do not qualify as lots. … The right exists even more clearly [as here] where without improvement the way is impassable and useless.” Guillet v.

Commonwealth v. Najjar

Massachusetts Appeals Court · Nov 21, 2019

Indeed, this proposition has been "clearly established" for at least a decade. Jamison v. … established" that a guilty plea entered without knowledge of the mandatory minimum sentence violates due process).

Green v. Board of Appeals of Provincetown

26 Mass. App. Ct. 469 · Massachusetts Appeals Court · Oct 14, 1988

That language simultaneously establishes a fair-sized reserve of combatants for the zoning wars and sets limits upon those eligible to protest. … private persons or public officials — is moved to raise the hue and cry about an act or decision of a building inspector or board of appeals, one may question the wisdom of our inviting additional parties into the ranks of qualified

GUARDIANSHIP OF INGRID (and a companion case ).

102 Mass. App. Ct. 1 · Massachusetts Appeals Court · Nov 17, 2022

In Paternity of Cheryl, the Supreme Judicial Court stated that "[a] 'fraud on the court' occurs where 'it can be demonstrated, clearly and convincingly, that a party has sentiently set in motion some unconscionable scheme … [Note 6] Rule 60 (b) states that the court may "entertain an independent action" for purposes of establishing such fraud.

Ricky Smith Pontiac, Inc. v. Subaru of New England, Inc.

14 Mass. App. Ct. 396 · Massachusetts Appeals Court · Sep 14, 1982

Neither provision purports to qualify the amount of recoverable damages by reference to the distribution or location of sales among the competing dealers’ market areas. … It is often difficult for an established dealer to increase its allocation.

Commonwealth v. DiGiacomo

57 Mass. App. Ct. 312 · Massachusetts Appeals Court · Feb 6, 2003

On appeal, the defendant argues that the evidence did not qualify under an exception to the hearsay rule because the conversation took place after the defendant’s alleged sexual assaults on Maura and because Hancock’s testimony … The allegations against the defendant were clearly unrelated to any desire of Nicole to avoid prosecution. Id. at 378 . There was no error in excluding the evidence.

Commonwealth v. Agogo

93 Mass. App. Ct. 495 · Massachusetts Appeals Court · Jun 29, 2018

concluded that the strip search was not authorized by the "officer in charge," he did not  19 do so by finding that a "commanding officer" does not qualify … Rather, he mistakenly stated that there was no testimony supporting the conclusion that Betz was the commanding officer, which is clearly erroneous.9 See Commonwealth v. Castillo, 89 Mass. App.

Commonwealth v. Zane Z.

51 Mass. App. Ct. 135 · Massachusetts Appeals Court · Mar 9, 2001

Oliveira, 431 Mass. 609, 614 (2000), lays out a five-step process for determining whether a defendant should have access to qualified privileged communications of the victim in a case of rape or sexual abuse. … The Commonwealth countered by pointing out that the incidents with the juvenile were clearly different from the activities to which the grandfather pleaded guilty.

Go-Best Assets Ltd. v. Citizens Bank

79 Mass. App. Ct. 473 · Massachusetts Appeals Court · May 12, 2011

The elements of a negligence claim are long established. … In determining the scope of the bank’s duty of reasonable care, we apply well-established precepts of depositary bank liability.

Sanford v. Vinal

28 Mass. App. Ct. 476 · Massachusetts Appeals Court · Apr 13, 1990

“This is not an application of any rule of property law,” the court said, “but is a recognition of principles of ethics, propriety, and common decency which equity is peculiarly qualified to enforce.” Id. at 442 . … Goodwill Indus. of New Orleans Area, Inc., 233 La. 26, 38 (1957)(“The cemetery . . . has clearly been abandoned.

In the Matter of the Estate of Stacy Stacy v. Stacy

Massachusetts Appeals Court · Nov 8, 2019

Indeed, the wife asks us to insert language into the premarital agreement that provides that she and the decedent agreed to six) sets forth waivers of one another's qualified joint and survivor annuities, qualified … Once the wife's intestate share is established, the remainder of the estate passes according to the will. 4. Administration of the estate. a. Credibility determinations.

McLaughlin v. American States Insurance Co.

90 Mass. App. Ct. 22 · Massachusetts Appeals Court · Aug 12, 2016

The judge's conclusion that Harrington's liability was reasonably clear as of May, 2004, is supported by his findings of fact (which, in turn, find support in the evidence and accordingly are not clearly erroneous). … First, it contends that Harrington's liability was never established, much less reasonably clear, because the judgment ultimately entered against him was for no monetary damages.

John Doe, Sex Offender Registry Board No. 345593 v. Sex Offender Registry Board.

Massachusetts Appeals Court · Dec 20, 2023

The age of the victim, the relationship between Doe, the victim, and her family, Doe's level of contact with the victim, Doe's conduct while incarcerated, and his minimal participation in sex offender treatment were established … 2 Although in such a proceeding, Doe would bear the burden of producing evidence that circumstances had changed, "the bar for showing changed circumstances is 'very low' and . . . the mere passage of time generally qualifies

TOWN OF KINGSTON & Another v. HIGH PINES CORPORATION.

Massachusetts Appeals Court · Jan 9, 2025

Upon the execution hereof, High Pines, by and through its qualified engineer shall prepare a comprehensive list of infrastructure work that is required to be completed in the . . . subdivision (the 'Work'). … Ct. 383, 385 (1988), and no such intention is otherwise "clearly manifested in the contract as a whole." 5 Massachusetts Mun. Wholesale Elec. Co., supra.

Commonwealth v. Mimless

53 Mass. App. Ct. 534 · Massachusetts Appeals Court · Jan 9, 2002

Likewise, the judge’s ruling that Megathlin was qualified to testify about the hours and overpayment calculations in the *540 summary charts was proper. … Despite the need for accurate billing records, the evidence established that the defendant hired secretaries with no prior billing experience.

Commonwealth v. Crowe

21 Mass. App. Ct. 456 · Massachusetts Appeals Court · Jan 22, 1986

Rather, it is necessary that the portion of the statement that the defendant seeks to introduce qualify or explain the segment introduced by the Commonwealth. … The ultimate weight to be given to the evidence was clearly and properly left to the jury. 6. Excluded evidence.