Case law

Gargano & Associates, P.C. v. Hug

28 Mass. L. Rptr. 426 · Massachusetts Superior Court · Apr 6, 2011

See Office One, Inc. v. Lopez, 437 Mass. 113, 122 (2002); Duracraft Corp. v. Holmes Prods. Corp., 427 Mass. 156, 160 (1998). … Garabedian v.

Burden ex rel. Burden v. Amesbury Sports Park, Inc.

16 Mass. L. Rptr. 744 · Massachusetts Superior Court · Jul 11, 2003

Pederson v. Time, Inc., 404 Mass. at 17 . As noted in the case of McHerron v. … See, e.g., Krasnecky v. Meffen, 56 Mass.App.Ct. 418, 422 (2002); Migliori v.

Hy-Mare, Inc. v. O'Brien

13 Mass. L. Rptr. 681 · Massachusetts Superior Court · Oct 18, 2001

In Sutherland v. … In Keating v. Zukauskas, Plymouth Superior Court No. 99-761B, 10 Mass. L.

Juergens v. MicroGroup, Inc.

28 Mass. L. Rptr. 133 · Massachusetts Superior Court · Jan 28, 2011

Although Caraviello’s statement that the board “would view” the purchase favorably was made in the conditional sense, it is understandable as a statement of the then-existing viewpoint of the Board, which is not a statement … Sound Techniques, Inc. v.

Mizhir v. Conservation Commission of Winchendon

19 Mass. L. Rptr. 721 · Massachusetts Superior Court · Aug 30, 2005

Sheriff of Plymouth Cty. v. Plymouth Cty. Pers. Bd., 440 Mass. 708, 802 (2004); FIC Homes of Blackstone, Inc. v. Conservation Commission of Blackstone, 41 Mass.App.Ct. 681, 684 (1996); quoting Commissioner of Rev. v. … See Wilczewski v.

Fisher v. Commonwealth

21 Mass. L. Rptr. 386 · Massachusetts Superior Court · Jun 28, 2006

Office One, Inc. v. Lopez, 437 Mass. 113, 122 (2002), citing Fabre v. Walton, 436 Mass. 517, 524 (2002). … See, e.g., Bratt v. Int’l Bus. Mach.

McClure v. Town of East Brookfield

9 Mass. L. Rptr. 680 · Massachusetts Superior Court · Mar 11, 1999

According to the Alves court, “[t]he town was not liable for the acts of its officers under the doctrine of respondeat superior, the immunity of the town implied immunity of its board of selectmen, and the members of the … board were not personally liable for the acts of town employees.”

Locke v. W.R. Grace & Co.

18 Mass. L. Rptr. 509 · Massachusetts Superior Court · Nov 16, 2004

Dartt v. Browning-Ferris Industries, Inc., 427 Mass. 1, 7 (1998). … See Dartt v. Browning-Ferris Industries, Inc., 427 Mass. 1, 16-17 (juiy could have inferred that the plaintiff was terminated because of his perceived handicap); Katz v.

Assad v. LSB Corp.

27 Mass. L. Rptr. 500 · Massachusetts Superior Court · Oct 26, 2010

Skeen v. Jo-Ann Stores, Inc., 750 A.2d 1170, 1172 (Del. 2000). Information is material “if there is a substantial likelihood that a reasonable stockholder would consider it important in deciding how to vote." Louden v. … board.

Well-Built Homes, Inc. v. Shuster

17 Mass. L. Rptr. 195 · Massachusetts Superior Court · Dec 1, 2003

She submitted the plan and application consisting of 15 lots for approval to the Dartmouth Planning Board (“Planning Board”) on January 22, 1999. … Shortly after the approval by the Planning Board, James E.

Berish v. Bornstein

21 Mass. L. Rptr. 530 · Massachusetts Superior Court · May 22, 2006

Trust v. … Stuart Bornstein was the Chairman of the Board until July of 1985. (Tr. 1/12 at p. 266.) At least two Superior Court decisions have addressed this issue. See Arthaud v. Brignati, 10 Mass. L. Rptr.

Commonwealth of Department of State Police v. Commonwealth of Civil Service Commission

24 Mass. L. Rptr. 35 · Massachusetts Superior Court · Mar 31, 2008

After a hearing before a State Police trial board, the State Police Colonel adopted the findings of the trial board that the defendant State Trooper Jody A. … Volin v. Board of Public Accountancy, 422 Mass. 175, 179 (1996), quoting Andamowicz v. Ipswich, 395 Mass. 757, 760 (1985).

Estate of Strong v. American Drug Stores, Inc.

14 Mass. L. Rptr. 353 · Massachusetts Superior Court · Feb 6, 2002

See Roe v. Attorney General, 434 Mass. 418 (2001), discussing Globe Newspaper Co. v. Fenton, 819 F.Sup. 89 (D.Mass. 1993). … This General Grant is included in the Home Page for the Criminal History Systems Board located on the World Wide Web. See www.state.ma.us/chsb. This grant of access has existed since 1978. See Schuurman v.

Abraham Properties, Inc. v. Engineering Design Consultants, Inc.

23 Mass. L. Rptr. 678 · Massachusetts Superior Court · Mar 26, 2008

“[A] person aggrieved by the action of a local zoning administrator. .. must first attempt to redress the grievance through the local board of appeals before seeking judicial review.” Quincy v. … “Zoning administrator” as defined in G.L.c. 40A, §1A, is “a person designated by the board of appeals ... to assume certain duties of said board.”

Commonwealth v. Jackson

31 Mass. L. Rptr. 575 · Massachusetts Superior Court · Jan 18, 2013

Commonwealth v. Bizzarro, Bristol Superior Court no. 10-00325 (decision by Garsh, J., dated August 29, 2012); Commonwealth v. … Pierce, Middlesex Superior Court no. 10-01188 (decision by Tuttman, J., dated 2012); and Commonwealth v. Brown, Middlesex Superior Court no. 09-00963 (decision by Budd, J., dated November 2012).

Commonwealth v. Bernard

28 Mass. L. Rptr. 562 · Massachusetts Superior Court · Aug 2, 2011

Avalo and Commonwealth v. Brown, argues that the information provided by the informants was not sufficient to establish basis of knowledge. … Brown, 31 Mass.App.Ct. 574, 577 (1991).

Slade v. McIntyre

11 Mass. L. Rptr. 79 · Massachusetts Superior Court · Nov 30, 1999

See McIntyre v. Board of Selectmen of Ashby, 31 Mass.App.Ct. 735 (1992). To prepare the site for the mining operation, Slade constructed an access road and cleared a portion of the property. … See Putnam v.

Annesse v. Billerica Department of Public Works

6 Mass. L. Rptr. 493 · Massachusetts Superior Court · Jan 8, 1997

As provided for in the by-law, Annesse appealed the director’s decision to the town’s board of selectmen (board). The board upheld the director’s decision. Annesse has not appealed the board’s decision. … Cooke appealed to the board. The board affirmed the director’s decision. Cooke subsequently filed a separate action in Suffolk Superior Court challenging the decision of the board. That action is still pending.

George E. Lyons, Jr., Inc. v. Boston Public Health Commission

12 Mass. L. Rptr. 31 · Massachusetts Superior Court · Aug 4, 2000

In Clean Harbors of Braintree, Inc. v. Board of Health of Braintree, 409 Mass. 834 (1991) (Clean Harbors I), an operator of a hazardous waste facility similarly argued that its facility was not governed by G.L.c. … Id. at 838; Clean Harbors of Braintree, Inc. v. Board of Health of Braintree, 415 Mass. 876 (1993)(Ciean Harbors II) at 880.

Bovie Manufacturing, Inc. v. O'Neil Equipment Co.

6 Mass. L. Rptr. 325 · Massachusetts Superior Court · Dec 23, 1996

Compare Casselman v. State, 472 N.E. Reports 2nd, 1310 (Indiana 1985). See also, Ilsley v. Nichols, 29 Mass. 270 (1832), and Swain v. Mizner, 74 Mass. 182 (1857). … See also, Platt v. Brown, 33 Mass. 553, 556 (1835) (officer properly broke down warehouse door to attach goods after have been refused permission to enter); Cate v. Schaum, 51 MD 299 (1879).