128 results for 'court:"Massachusetts Court Of Appeals"'.
J. Neyman affirms an award for damages of a woman who was bit by a dog, as well as the denial of her motion for partial summary judgment and denial of a directed verdict against the dog owner. The bitten woman filed the motion for partial summary judgment three years after the expiration of the tracking order deadline and she filed for the directed verdict before the dog owner had the opportunity to present her own case.
Court: Massachusetts Court Of Appeals, Judge: Neyman, Filed On: January 24, 2024, Case #: 22-P-954, Categories: Damages, Premises Liability
J. Wolohojian affirms an adjudication of delinquency and an order allowing a motion to continue sentencing until after the defendant turns 18, in a case where the 17-year-old defendant assaulted and battered his intimate partner. The three-week period before the defendant’s 18th birthday is not enough time for the defendant to be given adequate rehabilitation in the form of intimate partner abuse prevention. Furthermore, a new rule can be retroactively applied to a pending case on direct appeal when the rule is announced. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Wolohojian, Filed On: January 19, 2024, Case #: 21-P-1113, Categories: Juvenile Law, Assault, Battery
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J. Blake vacates the disbursement of a surety bond meant to cover the attorney’s fees and costs of a real estate developer and an appeal board being sued by a man who opposed the developer being granted variances to construct an addition to a residential building. Prevailing in the first appeal does not automatically entitle the developer to disbursement of the bond.
Court: Massachusetts Court Of Appeals, Judge: Blake, Filed On: January 18, 2024, Case #: 22-P-974, Categories: Real Estate, Zoning, Attorney Fees
J. Blake affirms the defendant’s convictions for two counts of assault with a dangerous weapon, assault and battery on a police officer and resisting arrest. Even though all of the convictions were based on the same continuous and uninterrupted altercation, that does not mean that the defendant should only be convicted of one count of assault via a dangerous weapon. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Blake, Filed On: January 12, 2024, Case #: 22-P-710, Categories: Assault, Weapons, Battery
J. Ditkoff determines it was an error not to instruct the jury in self-defense, and vacates the conviction of a man for assault and battery. The man had pushed his ex-girlfriend away after she hit him with a dog leash and came at him with a broken beer bottle; this happened after he allegedly had knocked her to the ground and strangled her. Vacated.
Court: Massachusetts Court Of Appeals, Judge: Ditkoff, Filed On: January 9, 2024, Case #: 22-P-1036, Categories: Assault, Battery, Self Defense
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. Green affirms the defendant’s convictions for operating a motor vehicle while under the influence of intoxicating liquor. The defendant’s motion for attorney-led voir dire of jurors should have been allowed, but the fact that it wasn’t permitted does not entitle the defendant to relief because the defendant fails to support that the jury was prejudiced and that voir dire would have eliminated such alleged prejudice.
Court: Massachusetts Court Of Appeals, Judge: Green, Filed On: December 28, 2023, Case #: 22-P-1187, Categories: Dui, Vehicle
J. Wolohojian affirms an order dismissing the petition and striking the objections of a man challenging the appointment of an estate’s personal representative. The man does not have standing to challenge the appointment because he is neither challenging the decedent’s will’s validity nor receiving anything from it.
Court: Massachusetts Court Of Appeals, Judge: Wolohojian, Filed On: December 27, 2023, Case #: 22-P-1232, Categories: Trusts, Wills / Probate
[Consolidated.] J. Green affirms three juvenile defendants’ adjudications for resisting arrest, but vacates one of the defendant’s adjudication for assault and battery of a police officer. The self-defense instruction to the jury included language pertaining to deadly force even though the defendant didn’t use deadly force, and it failed to include information about defense of another, even though the defendant threw a punch at an officer after the officer blocked him as he attempted to check on his friend.
Court: Massachusetts Court Of Appeals, Judge: Green, Filed On: December 15, 2023, Case #: 22-P-787, Categories: Juvenile Law, Assault, Jury Instructions
J. Sacks reverses and remands abutters’ claims of nuisance and trespass against a would-be developer, who they believe would pollute their drinking water supply through a proposed septic system, but affirms the granting of permits to the developer. The abutters’ hydrologist’s mass balance analysis is flawed, but even if it was accurate, Title V does not prohibit a septic system from increasing levels of nitrogen in a private well, even beyond the state drinking water standard.
Court: Massachusetts Court Of Appeals, Judge: Sacks, Filed On: December 13, 2023, Case #: 22-P-908, Categories: Administrative Law, Zoning, Water
Per curiam, the Massachusetts Court of Appeals vacates summary judgment in favor of a university sued by one of its former employees for age discrimination after he was fired as its women’s soccer coach at the age of 51. The former coach sufficiently argued that some of the university’s supposedly non-discriminatory reasons to fire him were mere pretext. For example, while the university claimed the former coach was fired because of a downward trend in his team’s performance, the team’s wins under him more than doubled between 2016 and 2017, even if 2017 was not an overall winning season.
Court: Massachusetts Court Of Appeals, Judge: Per curiam, Filed On: December 7, 2023, Case #: 22-P-1162, Categories: Education, Employment, Employment Discrimination
Per curiam, the Massachusetts Court of Appeals affirms an order which struck a notice of appeal of an appeal bond order. Even though the statute allowing a defendant in a summary process action to appeal an appeal bond order to the single justice doesn’t include an appeal of a single justice’s order doesn’t mean that a single justice’s appeal bond order escapes further evaluation.
Court: Massachusetts Court Of Appeals, Judge: Per curiam, Filed On: December 5, 2023, Case #: 22-P-799, Categories: Judiciary, Foreclosure
J. Englander vacates the defendant’s convictions of mayhem, assault and battery by means of a dangerous weapon and violation of constitutional rights with bodily injury. The judge refused to strike a juror whose mother works for the Boston Police Department even though the defense planned to question the credibility of the Boston Police Department.
Court: Massachusetts Court Of Appeals, Judge: Englander, Filed On: November 30, 2023, Case #: 22-P-817, Categories: Jury, Assault, Mayhem
J. D’Angelo affirms most of the summary judgment in favor of a farm which was sued by a financing firm. The farm told the firm it would no longer need its services once a real estate company procured financing for its project, even though the farm had agreed to give the firm exclusive authorization to procure equity on the farm’s behalf. The firm did not have an exclusive right to work on the farm’s behalf, but summary judgment is vacated where it concerns the regulation of business practices for consumer protection, because there is evidence the farm intentionally misled the firm to believe it was agreeing to something more exclusive than it actually was.
Court: Massachusetts Court Of Appeals, Judge: D’Angelo, Filed On: November 29, 2023, Case #: 22-P-630, Categories: Business Practices, Business Expectancy, Contract
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
J. Blake vacates a portion of a 2020 judgment dividing real property between two divorcing dentists. The judgment was made using the real property values from 2013, without adequate explanation for why these values, rather than updated ones, were used.
Court: Massachusetts Court Of Appeals, Judge: Blake, Filed On: November 16, 2023, Case #: 22-P-1032, Categories: Family Law, Property, Real Estate
J. Hodgens affirms judgment in favor of a husband after his wife sued him for breach of contract when he stopped making monthly payments as stipulated by their separation agreement. The husband made the payments as required until the wife tried to kill him by attacking him and their 9-year-old son with a hatchet outside of his dental practice, which ended his obligation to pay her.
Court: Massachusetts Court Of Appeals, Judge: Hodgens, Filed On: November 16, 2023, Case #: 22-P-378, Categories: Family Law, Contract
J. Englander affirms the defendant’s conviction for operating a motor vehicle under the influence of intoxicating liquor. The booking video was not unfairly prejudicial just because a breathalyzer machine was seen in the video and the video was correct to show because it allowed the jury to view how the defendant performed the walk-and-turn test. The judge’s specific instruction about not considering the breathalyzer was also not an error.
Court: Massachusetts Court Of Appeals, Judge: Englander, Filed On: October 27, 2023, Case #: 22-P-551, Categories: Evidence, Dui, Vehicle
J. Sacks affirms the defendant’s convictions for attempted murder, assault and battery by means of a dangerous weapon on a child, and assault and battery on a child causing substantial bodily injury. The defendant’s expert witness on false confessions was not credible enough and generally accepted principals and methods of the scientific community didn't substantiate that the defendant provided a false confession. Furthermore, his child’s doctor had credibly explained the physical symptoms he’d witnessed and how they demonstrated contamination by a family member and then chemical injury.
Court: Massachusetts Court Of Appeals, Judge: Sacks, Filed On: October 25, 2023, Case #: 22-P-705, Categories: Assault, Domestic Violence, Child Victims
J. Ditkoff reverses a judgment dismissing a bus driver’s complaint against his employer and a man who fell unconscious behind the wheel and rear-ended his bus. A medical expert testified that the man and his employer should have been aware of his excessive sleepiness and the danger it posed for him to operate a vehicle based on his untreated sleep apnea even if they weren’t aware of his sleep apnea because it is not an acute condition. While the man claimed he had no memory of lethargy leading up to the accident, he also claimed he had no memory at all of the weeks leading up to the accident, so it’s possible he had experienced excessive sleepiness while driving in that time.
Court: Massachusetts Court Of Appeals, Judge: Ditkoff, Filed On: October 18, 2023, Case #: 21-P-740, Categories: Vehicle, Damages, Negligence
J. Rubin finds there is substantial evidence to support that a child welfare organization had reasonable cause to believe that a stepfather sexually abused his minor stepson. While the stepson had recanted two previous sexual abuse claims against his stepfather, his mother spoke with him before he recanted on both occasions, and may have influenced him to do so. Furthermore, the stepson engages in physical behaviors that are common in survivors of sexual abuse.
Court: Massachusetts Court Of Appeals, Judge: Rubin, Filed On: October 6, 2023, Case #: 22-P-35, Categories: Family Law, Juvenile Law, Assault