Case law

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.

M.K.C. v. K.G.C.

Massachusetts Appeals Court · Mar 25, 2024

L. c. 235, § 8," as "[t]he statutes serve different purposes," suggesting that § 34A "fills in a gap and provides for interest that would not be otherwise available" because "an order for . . . alimony . . . may not qualify … Ct. 531, 536 (1995) (judge's assessment of credibility "close to immune from reversal on appeal except on the most compelling of showings").

Commonwealth v. Rios

Massachusetts Appeals Court · Nov 12, 2019

Impartiality in the context of whether a prospective juror is indifferent and thus qualified to hear the case does not mean that the individual has no opinions or views about any matter directly or indirectly related to … That won't be enough to establish guilt beyond a reasonable doubt. You must unanimously agree that all the elements of the offense took place in one place or another or both.

CHRISTOPHER J. DIGIOVANNI v. STEPHEN M. DIGIOVANNI & Another.

Massachusetts Appeals Court · May 21, 2024

Accordingly, the judge's finding was not clearly erroneous. 5. Donna's loans and interest. … "Where a trust is established the burden is upon a trustee to show that he acted with reasonable skill and judgment and to account for all the trust property which came into his possession.

Frishman v. Maginn

75 Mass. App. Ct. 103 · Massachusetts Appeals Court · Aug 28, 2009

However, it is well established that a contract violating public policy will not be enforced. A.Z. v. B.Z., 431 Mass. 150, 160 (2000). See Beacon Hill Civic Assn. v. Ristorante Toscano, Inc., supra at 320-321. … Thus, the claim was clearly *119 related to the iBasis contract and it was precisely the sort of claim that was specifically exempted from the Jenzabar settlement agreement.

Bernier v. Bernier

82 Mass. App. Ct. 81 · Massachusetts Appeals Court · Jun 29, 2012

The judge qualified him as a tax expert. The exhibits reflect that Merfeld also applied a Massachusetts S corporation tax at the entity level (as in effect in the year 2000) of 4.50 percent. … Consol-Pennsylvania Coal Co., 6 F.3d 88, 97 (3d Cir. 1993) (“The standard for determining whether post-judgment interest should run from the original judgment is well established. . . .

S.M. v. M.P.

Massachusetts Appeals Court · Jul 14, 2017

Because her findings are not clearly erroneous, we are bound by them, and we should be affirming her ruling on that ground. … The adoptive parents acknowledge that their effort to declare the agreement null and void is not immune from all judicial review.14 See Computer Sys. of America, Inc. v. Western Reserve Life Assur. Co., 19 Mass.

Commonwealth v. Dominico

1 Mass. App. Ct. 693 · Massachusetts Appeals Court · Jan 31, 1974

As long as the right was clearly asserted, it is not necessary to probe defense counsel’s purpose in demanding a speedy trial. … This comports with the trend in other jurisdictions that cross-examination as to promises of leniency or immunity is a matter of right. Cash v. Culver, 358 U. S. 633, 637-638 (1959). Patriarca v.

G.R. v. Department of Developmental Services

84 Mass. App. Ct. 791 · Massachusetts Appeals Court · Feb 18, 2014

We do not disturb the magistrate’s finding that G.R. would greatly benefit from increased mobility and orientation training, as it was clearly based on substantial evidence presented by DDS. … These findings established that WDC was an “appropriate” facility as that term is defined by DDS regulation. See 115 Code Mass.

Commonwealth v. Sullivan

82 Mass. App. Ct. 293 · Massachusetts Appeals Court · Jul 30, 2012

The cases have long established that nudity, without more, does not establish “lewdness” or “lasciviousness.” 9 See, e.g., Provost, supra; Bean, supra at 715 n.17; United States v. *314 Arvin, 900 F.2d 1385, 1391 (9th Cir … These six categories establish fairly bright-line rules.

LAWRENCE BUCCI & Another v. LINDSEY CAMPBELL & Another.

Massachusetts Appeals Court · Feb 24, 2025

Nonetheless, the judge's findings clearly demonstrated that he agreed with jury's verdict. … judge's findings that the Campbells' conduct was "a bit sleazy," and that they hoped to save money by sneaking an "extremely weak" (albeit "nonfrivolous") claim past the Buccis, was sufficiently "extreme or egregious" to qualify

Commonwealth v. Benjamin

3 Mass. App. Ct. 604 · Massachusetts Appeals Court · Dec 19, 1975

However, that they did this only when the second person was a responsible individual and would qualify for the loan.” … Nothing that occurred at that meeting established Lawrence’s participation in a conspiracy.

TRUEDYNAMIC, LLC, & Another v. TOP FLIGHT TECHNOLOGIES, INC. & Others.

Massachusetts Appeals Court · Jan 25, 2024

the 16 To the extent that Top Flight challenges the adequacy of the evidence of valuation, it failed to explain why the board of directors -- subjected as it was to a due diligence investigation by investors -- was not qualified … Ct. 338, 351 (2023) (damage award must stand unless "it was clearly excessive in relation to what the plaintiff's evidence ha[d] demonstrated damages to be" [quotations and citation omitted]).

Biliouris v. Biliouris

67 Mass. App. Ct. 149 · Massachusetts Appeals Court · Aug 17, 2006

per week as child support and directed the husband to maintain his existing medical insurance for the benefit of the wife, the children of the marriage, and the wife’s children from her first marriage for so long as they qualify … title) if the judge had made more detailed findings on the question, the judge’s implicit finding with respect to the West Barn-stable land is consistent with the parties’ antenuptial agreement and cannot be said to be clearly

Commonwealth v. Francisco Nunez Severino.

Massachusetts Appeals Court · Oct 15, 2025

The gun is clearly visible in the surveillance video. As Doe entered the building, the SUV drove away. … "[M]ere presence in proximity to the contraband is not sufficient to establish constructive possession.

Commonwealth v. Garner

59 Mass. App. Ct. 350 · Massachusetts Appeals Court · Sep 19, 2003

So viewed, the felony of unlawful possession of a firearm will not, by some principle of presumption standing alone, always be a qualifying predicate for felony-murder. See Commonwealth v. Ortiz, supra. … However, even assuming that the defendant’s claims relating to the abandoned elements of proof ought to be addressed, the evidence was more than sufficient to establish the requisite connection to the felony.

ADOPTION OF MICAH (And a Companion Case).

Massachusetts Appeals Court · Mar 14, 2025

The mother's psychological expert testified that the mother "clearly displayed breaks with reality." … L. c. 210, § 3, do not qualify as 'services, programs, or activities' [under the ADA], and thus, the ADA may not be raised as a defense to such proceedings" (citation omitted).

Kroeger v. Stop & Shop Companies, Inc.

13 Mass. App. Ct. 310 · Massachusetts Appeals Court · Mar 16, 1982

These we accept unless clearly erroneous. Mass.R.Civ.P. 52(a), 365 Mass. 816 (1974). New England Canteen Serv., Inc. v. Ashley, 372 Mass. 671, 674 (1977). C.C. & T. Constr. Co. v. Coleman Bros., 8 Mass. App. … He, thus, loses $29,235 without Stop & Shop having established specific pecuniary damages by reason of Kroeger's activity as an employee of Pneumo.

Dubuque v. Cumberland Farms, Inc.

93 Mass. App. Ct. 332 · Massachusetts Appeals Court · Jun 6, 2018

To qualify for the program, a store had to have had two or more car strikes, or be among the highest revenue generators. The Chicopee store satisfied neither criterion. … The timing of the stroke and its connection to the accident, however, were not firmly established.

Commonwealth v. Tillson

Massachusetts Appeals Court · May 17, 2024

It may be established either by proving that the victim did not actually consent or that the victim did not have the capacity to consent.9 See St. … The defendant was properly advised of his Miranda rights, stated he understood them, and signed a waiver form that clearly set out those warnings.