Case law

JEREMY PARADISE v. JOHN POMERANCE & Others.

Massachusetts Appeals Court · Apr 10, 2026

Preferred Fragrance's statement of New York law is also the law of Massachusetts, because the court's description of the limits on an attorney's duty to ensure the client's understanding of a legal document contains a key qualifying … The judge here agreed that "Mintz could and should have done a much better job clearly delineating the scope of its representation and whom it represented in connection with the formation of the trusts."

Norman Destrempe v. School Committee of Watertown.

Massachusetts Appeals Court · Sep 25, 2024

The arbitrator concluded that the plaintiff's actions constituted an "unwelcomed physical touching and therefore clearly violated the [town]'s sexual harassment policy." … The judge agreed with that analysis, concluding that "[t]o hold otherwise would be inconsistent with established principles of statutory construction and interpretation." We concur. See EMC Corp. v.

Amy Pawle v. Sean Donovan.

Massachusetts Appeals Court · Dec 5, 2024

In doing so, we defer to the judge's factual findings, "absent a showing that they are plainly wrong or clearly erroneous." Id. … [and] is close to immune from reversal." Johnston v. Johnston, 38 Mass. App. Ct. 531, 536 (1995).

Adoption of Lurleen.

Massachusetts Appeals Court · Aug 12, 2025

We do not agree, however, that the inverse conclusion follows -- that the absence of a docket entry showing that inquiry was made affirmatively establishes that it was not made. … The father does not challenge any of those findings as clearly erroneous.

Commonwealth v. Ferreira

90 Mass. App. Ct. 491 · Massachusetts Appeals Court · Oct 14, 2016

The defendant then qualified his response by stating, "I didn't say he did it, I said he probably did it." … Clearly, it does not. None of the elements of perjury was required to be proved in the murder trial. See Carrasquillo v.

ADOPTION OF VIGGO (And a Companion Case).

Massachusetts Appeals Court · Jan 5, 2024

tightness and tremors in her arms and legs, gastrointestinal problems, sensory issues, repeated bronchitis, breathing problems, and chronic ear infections resulting from a compromised immune system. … See Custody of Eleanor, 414 Mass. 795, 802 (1993) (factual findings must be supported by record evidence and will not be overturned unless clearly erroneous).

Commonwealth v. Lawrence Zinser.

Massachusetts Appeals Court · Nov 1, 2023

The defendant first argues that the judge abused his discretion because the evidence did not establish by a preponderance of the evidence that he had committed new criminal offenses. We disagree. … "A defendant's otherwise legal conduct may qualify as an act of harassment when considered with other evidence." Brennan, 481 Mass. at 150.

DiCarlo v. Suffolk Construction Co., Inc.

86 Mass. App. Ct. 589 · Massachusetts Appeals Court · Nov 6, 2014

The language "[t]he sum recovered shall be for the benefit of the insurer," is not otherwise qualified or limited in § 15 or elsewhere in G. L. c. 152. … In Rhode, the court observed that the language was designed to establish "an insurer's right to full reimbursement of benefits." Ibid.

Rahilly v. North Adams Regional Hospital

36 Mass. App. Ct. 714 · Massachusetts Appeals Court · Jun 28, 1994

I have divided this letter into separate sections in order to more clearly delineate those individuals and entities whose care fell below the standard of care." … And certainly the majority is not qualified to draw the inferences.

Care and Protection of Francie.

Massachusetts Appeals Court · Aug 9, 2023

Father is also recommended to have a batterer's evaluation from a qualified therapist to assess his need for treatment"; (6) "arrange and provide verification of medical, dental, and therapeutic providers [for Francie] in … establish parental unfitness."

Commonwealth v. Edgerly

6 Mass. App. Ct. 241 · Massachusetts Appeals Court · Apr 19, 1978

The Witness Donald Tremblay A voir dire was held for the purpose of determining whether Donald Tremblay, a prosecution witness who had been granted immunity pursuant to G. … It would have been perfectly proper and well within his discretion to instruct the prosecutor to limit his objections to occasions when defense counsel clearly exceeded the bounds of permissible argument.

Commonwealth v. Knowles

Massachusetts Appeals Court · Jan 10, 2018

He then "stood up under his own power" and began to speak clearly to the officers,  4 asking them why he was being handcuffed. … The statements did not qualify as prior inconsistent statements because the witness denied having made them, and no competent witness was available to prove them as extrinsic evidence. See Mass. G.

Commonwealth v. Terrance Montgomery.

Massachusetts Appeals Court · Jan 4, 2024

The defendant is correct that a witness's recollection may be refreshed only on a "showing that the witness's memory is clearly exhausted," and the Commonwealth concedes that the prosecutor did not lay the proper foundation … The witness testified under a cooperation agreement, but without immunity from prosecution.

Commonwealth v. Jorge German.

Massachusetts Appeals Court · Apr 6, 2026

evidence that he was unable to see Capriles's gesture. 6 To the extent that the judge found that Capriles remained continuously at the passenger's side window beside where the defendant was sitting, his finding is clearly … of the relevant firearms statutes in effect at the time of the defendant's arrest in 2022. 11This case was tried in March 2024, after the release of the decision in Guardado. 10 qualify

Adoption of Garret

Massachusetts Appeals Court · Jan 22, 2018

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. … At the hospital, Elizabeth was examined by a physician, who was qualified at trial as an expert in pediatrics and child abuse medical assessments.

CARE AND PROTECTION OF WAYLON (And a Companion Case).

Massachusetts Appeals Court · May 9, 2023

Here, the judge's subsidiary findings were "proved by a preponderance of the evidence," establishing by clear and convincing evidence that the mother was unfit. Adoption of Anton, 72 Mass. App. Ct. at 672. … Both children were adequately supervised by qualified adults before and after school.

John Doe, Sex Offender Registry Board No. 526715 v. Sex Offender Registry Board.

Massachusetts Appeals Court · Jun 5, 2025

psychological or psychiatric profiles indicating risk to reoffend) by giving Doe's scores on empirically based risk assessment instruments only "some weight to the extent they were correctly applied to the facts by a qualified … assessment, that although Doe had shown "[a]rousal to appropriate stimuli," defined as adult women, he showed "no significant physiological arousal to 11 the examiner failed to state clearly

Commonwealth v. Adkinson

80 Mass. App. Ct. 570 · Massachusetts Appeals Court · Oct 5, 2011

He had been qualified as an expert in forensic psychology on “literally hundreds of occasions, in just about every Superior Court from Worcester east and Federal District Court, Springfield . . . … On the motion for a new trial the defendant also argued that the evidence of battered woman syndrome established a defense of duress or coercion that should have been presented at trial.

Commonwealth v. Mienkowski

Massachusetts Appeals Court · Jun 8, 2017

The defendant concedes that there was sufficient evidence that he sent the video to Beth, but asserts that there was insufficient evidence that it qualified as "matter harmful to minors," or that he had specific knowledge … Although the defendant never established the reliability of the Cellebrite report, the judge allowed him substantial leeway in seeking to use it to impeach the Commonwealth's expert's conclusions about the contents of the

Adoption of Veronique.

Massachusetts Appeals Court · Aug 14, 2024

We do not find either of the judge's conclusions to be clearly erroneous. … This argument has no merit, as the judge's findings on those matters were not clearly erroneous.