9 results for 'judge:"Massing"'.
J. Massing reverses an order partially allowing the defendant’s motion to suppress geographic location data from two mobile phones and a cell phone. The search warrant applications established probable cause to believe that the defendant used the phones during the period of time he’s suspected of committing crimes. Reversed.
Court: Massachusetts Court Of Appeals, Judge: Massing, Filed On: April 18, 2024, Case #: 23-P-21, Categories: Criminal Procedure, Evidence, Search
J. Massing vacates summary judgment in favor of a hotel being sued by children’s clothing sellers who were told to leave the hotel after they arrived to conduct business with retailers, were told by the hotel that there was an unwritten policy against conducting business at the hotel and then they argued against the imposition of this new unwritten policy that they hadn't been told about previously. While the hotel didn’t violate a consumer protection statute, the hotel arguably referenced a “fictitious policy” as a “deceptive means of forcing them out.” Reversed.
Court: Massachusetts Supreme Court, Judge: Massing, Filed On: March 18, 2024, Case #: 23-P-178, Categories: Commerce, Consumer Law, Business Practices
J. Massing affirms the denial of the Massachusetts Bay Transportation Authority’s motion for summary judgment against a man suing it after its employee assaulted him, including by kicking and stomping on his head, causing him to suffer a traumatic brain injury. Public employers’ immunity from liability for their employee’s intentional torts, including assault and battery, does not extend to negligent hiring, supervision and retention, which have to do with the employer’s actions. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Massing, Filed On: March 15, 2024, Case #: 23-P-111, Categories: Transportation, Immunity, Assault
J. Massing vacates a judgment granting a potential employer's motion to dismiss claims filed against it by a job applicant for allegedly violating the Fair Credit Reporting Act. The applicant has plausibly alleged her privacy was invaded even if she did not suffer a more concrete form of injury by the potential employer's actions. Vacated.
Court: Massachusetts Court Of Appeals, Judge: Massing, Filed On: January 8, 2024, Case #: 22-P-1017, Categories: Employment, Privacy
J. Massing affirms decrees terminating a mother’s parental rights regarding her two youngest children, who are fraternal twins. The Indian Child Welfare Act doesn’t apply here in any way that would change the case’s outcome because the mother has an extensive history of domestic violence and convictions for manslaughter and child endangerment, which resulted from an incident resulting in the death of one of her children.
Court: Massachusetts Court Of Appeals, Judge: Massing, Filed On: November 29, 2023, Case #: 22-P-1048, Categories: Family Law, Native Americans, Guardianship
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J. Massing affirms the determination that only some of the funds of a settlement, in a separate action, in favor of a person who committed a sexual assault against someone, should be given to the victim, because part of the settlement funds are meant to go to the offender’s lawyers in his separate action.
Court: Massachusetts Court Of Appeals, Judge: Massing, Filed On: September 7, 2023, Case #: 22-P-729, Categories: Settlements, Attorney Fees, Assault
J. Massing upholds the lower court's finding that inland property owners have an easement over a couple's waterfront property. The deed includes sufficient language referring to others' access to the way that leads to shore to put the couple on notice the property was encumbered with an easement.
Court: Massachusetts Court Of Appeals, Judge: Massing, Filed On: June 29, 2023, Case #: 22-P-159 , Categories: Property
J. Massing finds defendant's confession, made minutes after the murder, that he had just killed someone for "running his mouth" should have been suppressed. His confession was a product of custodial interrogation and the officer who handcuffed and frisked him did not read him his Miranda rights. Reversed.
Court: Massachusetts Court Of Appeals, Judge: Massing, Filed On: June 7, 2023, Case #: 21-P-916 , Categories: Evidence, Miranda, Murder