Case law

Birbiglia v. St Vincent Hospital

3 Mass. L. Rptr. 407 · Massachusetts Superior Court · Dec 29, 1994

Marcus, or any member of the Hospital’s Board of Trustees was aware of Dr. Birbiglia’s role in the Rivers v. Fullerton case. 8. At the times most relevant to this case, Dr. … With respect to the Browning testimony: (a) the court precluded Browning from testifying to his opinions as to how the “transcripts” were created; and (b) the testimony which Browning did give with respect to the difficulty

Scheffler v. Board of Appeals on Motor Vehicle Liability Policies & Bonds

30 Mass. L. Rptr. 251 · Massachusetts Superior Court · Jul 18, 2012

The Board concluded that Conn. Gen. Stat. §14 -227a was sufficiently similar to G.L.c. 90, §24 to make the Connecticut arrest a “like offense” for the purposes of §24. See Bellino v. … G.L.c. 30A; see also Cobble v. Comm'r of Dep't of Soc. Servs., 430 Mass. 385, 390 (1999). As the party challenging the Board’s decision, Scheffler bears the burden of establishing the decision’s invalidity. Fisch v.

Ledonne v. Board of Appeal on Motor Vehicle Liability Policies & Bonds

30 Mass. L. Rptr. 37 · Massachusetts Superior Court · Jun 8, 2012

Registrar of Motor Vehicles v. Board of Appeals on Motor Vehicle Liability Policies & Bonds, 382 Mass. 580, 585 (1981). … Wall v. Registrar of Motor Vehicles, 329 Mass. 70, 73 (1952). Here, the Board and the Registrar did not exercise their discretion properly. Mr.

Harvard Square Defense Fund, Inc. v. Board of Zoning Appeal

6 Mass. L. Rptr. 316 · Massachusetts Superior Court · Dec 30, 1996

Marotta v. Board of Appeals of Revere, 336 Mass. 199, 204 , 143 N.E.2d 270 (1957). … See Jaffe v. Zoning Board of Appeals of Newton, 34 Mass.App.Ct. 929, 930-31 (1993).

Young v. Board of Appeal on Motor Vehicle Policies & Bonds

1 Mass. L. Rptr. 581 · Massachusetts Superior Court · Aug 30, 1993

Under G.L.c. 90, §28, an appeal to the Board is provided in which the Board may look behind the sister state’s revocation decision to examine the constitutionality of that state’s law. Registrar of Motor Vehicles v. … . §1.03(5){a)(12); Horan v. Board of Registration in Medicine, 398 Mass. 571, 577 (1986).

Restivo v. Board of Appeal on Motor Vehicle Liability Policies & Bonds

29 Mass. L. Rptr. 273 · Massachusetts Superior Court · Dec 6, 2011

Plaintiff, as the appealing party, bears the burden of demonstrating that the Board’s decision is invalid. Merisme v. Board of Appeals on Motor Vehicle Liab. Policies & Bonds, 27 Mass.App.Ct. 470, 474 (1989). … The plaintiff was not a juvenile at the time the events at issue occurred, compare Police Comm'r of Boston v.

Commonwealth Board of Registration in Medicine v. Sturdy Memorial Hospital, Inc.

29 Mass. L. Rptr. 252 · Massachusetts Superior Court · Dec 12, 2011

Both parties reference the decision of the Supreme Judicial Court in Board of Registration in Medicine v. … The Court then cited Carr v.

Goldstein v. Board of Registration of Real Estate Brokers & Salesmen

3 Mass. L. Rptr. 576 · Massachusetts Superior Court · Apr 27, 1995

Pederson v. Time, Inc., 404 Mass. 14, 16-17 (1989). … Greater Boston Real Estate Board v. Board of Registration of Real Estate Brokers & Salesmen, 405 Mass. 360, 363 (1989). If statutory language is clear, it must be given its plain and ordinary meaning. Nationwide Mut.

King v. Board of Appeals of Motor Vehicle Liability Policies & Bonds

29 Mass. L. Rptr. 619 · Massachusetts Superior Court · Aug 25, 2011

Coggin v. Massachusetts Parole Bd., 42 Mass.App.Ct. 584, 587 (1997), citing Merisme v. Board of Appeals on Motor Vehicle Liab. Policies & Bonds, 27 Mass.App.Ct. 470, 474 (1989). … Id., citing Commonwealth v.

Karalekas v. Board of Registration in Speech-Language Pathology & Audiology

1 Mass. L. Rptr. 539 · Massachusetts Superior Court · Feb 22, 1994

The plaintiff acknowledges that courts defer to agencies’ interpretations of their own regulations, Boston Police Superior Officers Federation v. … Boston, 414 Mass. 458, 462 (1993), but she urges that agency interpretations that contradict or exceed their governing statutes are void, Boston Neighborhood Taxi Association v.

Given v. Board of Appeal on Motor Vehicle Liability Policies & Bonds

26 Mass. L. Rptr. 449 · Massachusetts Superior Court · Nov 3, 2009

Dist. v. Labor Relations Comm’n, 386 Mass. 414, 420-21 (1982). … Zoning Bd. of Appeals v. Housing Appeals Comm., 385 Mass. 651, 657 (1982). As the party appealing the Board’s decision, Given bears the burden of demonstrating its invalidity. Merisme v.

Board of Managers of the Old Colony Village Condominium v. Preu

27 Mass. L. Rptr. 130 · Massachusetts Superior Court · Oct 21, 2009

Berish v. … See Shaw v.

Shaev v. Alvord

19 Mass. L. Rptr. 180 · Massachusetts Superior Court · Mar 23, 2005

Thus, the Court will focus on Harhen v. Brown, 431 Mass. 838 (2000), the SJC’s most recent exposition of the demand requirement under Massachusetts Rule 23.1. … Harhen v. Brown, Suffolk Superior Court, Civil Action No. 97-1522-H, Memorandum and Order on Defendants’ Motion to Dismiss at p. 3.

Coutinho v. Board of Appeal on Motor Vehicle Liability Policies & Bonds

24 Mass. L. Rptr. 509 · Massachusetts Superior Court · Oct 26, 2007

The Board’s decision to issue Coutinho a hardship license with restrictions in lieu of suspension though 2014, essentially for a period of eighteen years, exceeds the statutory authority of the Board. Flatley v. … Commonwealth v.

Kelleher v. Squires

33 Mass. L. Rptr. 187 · Massachusetts Superior Court · Jan 26, 2016

Halebian v. Berv, 457 Mass. 620, 626 (2010), quoting Harhen v. Brown, 431 Mass. 838, 844 (2000). … Pupecki v. James Madison Corp., 376 Mass. 212, 218 (1978); accord Harhen v. Brown, 431 Mass. 838, 844 (2000) (referring to such derivative actions as “demand excused” cases).

Town of Wellesley ex rel. Board of Selectmen v. Javamine, Inc.

21 Mass. L. Rptr. 12 · Massachusetts Superior Court · Mar 14, 2006

See especially Commissioner of Correction v. Superior Court, 446 Mass. 123, 124 (2006); Gordon & Son, Inc. v. Alcoholic Beverage Control Commission, 371 Mass. 584, 589 (1976) (authorities collected). See also Casey v. … See Christy’s Market, Inc. v.

Devereaux v. Colonel of the Massachusetts State Police

23 Mass. L. Rptr. 595 · Massachusetts Superior Court · Feb 8, 2008

Brown observed that Devereaux “began exhibiting signs of stress.” When questioned by Lieutenant Brown, Devereaux stated that he was stressed due to his impending transfer out of the Belchertown barracks. … In Blair v. Bd. of Selectmen of Brookline, 24 Mass.App.Ct. 261 (1987), and Town of Duxbury v.

Scipione v. Board of Appeal on Motor Vehicle Liability Policies & Bonds

19 Mass. L. Rptr. 1 · Massachusetts Superior Court · Feb 22, 2005

See Tri-City v. Acting Deputy, 54 Mass.App.Ct. 405, 407 (2002), and cases cited. See also Merisme v. Board of Appeals on Motor Vehicle Liability Policies & Bonds, 27 Mass.App.Ct. 470, 473 (1989). … This view, it might be said, contravenes the decision in Yazbek v. Board of Appeal on Motor Vehicle Liability Policies and Bonds, 41 Mass.App.Ct. 915 (1996) (re- *3 script).

MORGAN ROE v. NORTHEASTERN UNIVERSITY, KATHERINE ANTONUCCI, ROBERT JOSE, BRIANA R. SEVIGNY, MARY WEGMANN & MADELEINE ESTABROOK

Massachusetts Superior Court · Mar 26, 2019

See Doe v. Brown Univ. , 304 F. Supp. 3d 252, 261 (D. … Wills v. Brown Univ. , 184 F.3d 20, 26 (1st Cir. 1999).

Seidman v. Central Bancorp, Inc.

16 Mass. L. Rptr. 383 · Massachusetts Superior Court · Jun 30, 2003

Brown, 431 Mass. 838, 842-45 (2000), wherein the Supreme Judicial Court discussed the business judgment rule without specifically citing to G.L.c. 156B, Sec. 65. … Caputo v. Board of Appeals of Somerville, 330 Mass. 107, 111 (1953), quoting from Mills v. Green, 159 U.S. 651, 653 (1895).” Id. at 143. See also Brown v. Neelon, 335 Mass. 357, 360 (1957).