127 results for 'court:"Massachusetts Court Of Appeals"'.
J. Milkey affirms the denial of a sex offender’s motion to vacate his level three sex offender classification and grant him a new hearing based on allegedly having received ineffective counsel. Too much time has passed since he was classified and received counsel for him to make this appeal, when he could instead apply for reclassification based on changed circumstances.
Court: Massachusetts Court Of Appeals, Judge: Milkey, Filed On: September 28, 2023, Case #: 22-P-66, Categories: Administrative Law, Due Process, Assault
J. Hodgens finds that the lower court improperly terminated the mother's parental rights. Because the child is an enrolled member of the Mashpee Wampanoag tribe, the Indian Child Welfare Act required the Department of Children and Families to present expert testimony showing that custody of the parent is likely to result in emotional or physical damage to the child. The department's expert did not have the proper experience or training to testify as to the child's likelihood of harm. Vacated.e
Court: Massachusetts Court Of Appeals, Judge: Hodgens, Filed On: September 26, 2023, Case #: 22-P-568, Categories: Family Law, Native Americans, Experts
J. Walsh affirms the dismissal of a bereaved mother’s lawsuit against a school district and a social worker for the suicide of her son, a high school student. The social worker’s failure to notify the student’s parents or conduct a risk assessment after his girlfriend reported to her that the boy was drinking alcohol and crying at school, and that she was concerned he would harm himself, are not affirmative acts and therefore legally can’t be considered causes of his suicide.
Court: Massachusetts Court Of Appeals, Judge: Walsh, Filed On: September 22, 2023, Case #: 22-P-775, Categories: Education, Negligence, Wrongful Death
J. Green affirms the determination that a university failed to provide its former employee with appropriate accommodations by refusing to excuse her from working overtime even after her doctor informed the university that she could not do so based on her rheumatoid arthritis and interstitial lung disease. The university argues that working overtime is an essential part of its nurses' roles but over five percent of its nurses do not work overtime at all and there are others additionally who perform three hours or less of overtime work annually.
Court: Massachusetts Court Of Appeals, Judge: Green, Filed On: September 21, 2023, Case #: 22-P-15, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
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J. Henry finds that an inmate's complaint against the Department of Correction was improperly dismissed. An inmate's acceptance of legal mail does not constitute sufficient evidence that the inmate intended to introduce contraband contained therein into the correctional facility. "Requiring inmates to reject mail from an attorney who is unknown to them or because the envelope has typographical errors, lest they risk discipline for accepting the contents, raises serious concerns with an inmate's constitutional right to counsel." Vacated.
Court: Massachusetts Court Of Appeals, Judge: Henry, Filed On: September 18, 2023, Case #: 22-P-227, Categories: Prisoners' Rights
J. Blake affirms the determination that a valid agreement existed between a developer and a trustee for the trustee to sell two mixed-use rental properties to the developer, which it did not do. Even if the developer made material changes to the deal in its addendum, the trustee's agent accepted the agreement with the addendum via e-mail and had the authority to do so.
Court: Massachusetts Court Of Appeals, Judge: Blake, Filed On: September 15, 2023, Case #: 22-P-851, Categories: Real Estate, Contract
J. Ditkoff finds that the lower court properly convicted defendant of negligent operation of a motor vehicle. Sufficient evidence exists to support the conviction, including damage to defendant's vehicle, an officer's informed opinion that defendant crossed the double yellow lines and collided with a telephone pole and two mailboxes on the opposite side of the road, and defendant's admission of unfamiliarity with the area where he was driving. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Ditkoff, Filed On: September 15, 2023, Case #: 22-P-631, Categories: Vehicle, Negligence
J. Sacks finds that the lower court improperly denied the insurance company dismissal of claims brought by a construction company that accused the insurance company of failing to reimburse it for costs involved in correcting faulty work completed by a subcontractor. The construction company's claims fail to satisfy the due process standards for personal jurisdiction. Vacated.
Court: Massachusetts Court Of Appeals, Judge: Sacks, Filed On: September 14, 2023, Case #: 22-P-734, Categories: Construction, Insurance, Jurisdiction
J. Hershfang finds that the lower court properly dismissed a criminal complaint of animal cruelty against a pet owner who chose not to have her suffering, terminally ill dog euthanized even though a veterinarian recommended she do so. The pet owner did not subject the dog to harm, according to relevant laws, because failure to intervene when an animal's condition makes euthanasia the most humane choice has so far not been interpreted as animal cruelty. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Hershfang, Filed On: September 14, 2023, Case #: 22-P-690, Categories: Animal Cruelty
J. Singh vacates the superior court's award of a $70,000 engagement ring to a woman after her former fiancé broke off the engagement. Prior case law "indicates that Massachusetts applies the conditional gift fault-based approach" to determine who should keep the engagement ring. Being the one to end a relationship does not make someone automatically at fault for the ending of the relationship. The man ended the relationship because he had reasonably lost trust in the woman and he is not obligated to prove that she actually had an affair. Reversed in part.
Court: Massachusetts Court Of Appeals, Judge: Singh, Filed On: September 13, 2023, Case #: 11-P-941, Categories: Family Law, Property
J. Englander finds that the lower court properly dismissed the worker's claims against his employer and the property owner after the property owner's dilapidated garage wall fell on him while he was working on it. The worker was hired to remove the garage due to its poor condition and it was clear that the garage was in bad shape. Furthermore, the worker already made a workers' compensation claim, which has been settled. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Englander, Filed On: September 13, 2023, Case #: 22-P-372, Categories: Premises Liability, Workers' Compensation
J. Wolohojian finds that the Massachusetts Housing Court properly credited an Alabama court's orders regarding the divorcing couple's marital property. The U.S. Constitution requires "full faith and credit" to be given in each state "to the public acts, records, and judicial proceedings of every other state," which means that "the Housing Court was required to give the Alabama final order the same finality that it would receive in Alabama." Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Wolohojian, Filed On: September 12, 2023, Case #: 22-P-1082, Categories: Civil Procedure, Family Law, Property
Per curiam, the court of appeals finds that the Massachusetts Commission Against Discrimination improperly dismissed a former employee's complaint alleging that his former employer denied him details and overtime shifts based on his PTSD. The decision to not allow him to be assigned details and overtime shifts was not based on objective evidence that allowing him to do so would pose a direct risk, nor was it based on an individual factualized inquiry into his individual work and medical history. Vacated.
Court: Massachusetts Court Of Appeals, Judge: Per curiam, Filed On: September 12, 2023, Case #: 22-P-983, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Brennan affirms the conviction of the defendant for involuntary manslaughter, aggravated kidnapping and conspiracy to commit kidnapping. The dangerous weapon used to kidnap an individual does not also have to be used to injure the victim for a kidnapping to be aggravated; all that is required for a kidnapping to be aggravated is that the victim is both kidnapped using a dangerous weapon and is injured during the kidnapping.
Court: Massachusetts Court Of Appeals, Judge: Brennan, Filed On: September 11, 2023, Case #: 21-P-699, Categories: Kidnapping, Manslaughter
J. Rubin vacates the approval of an attorney’s motion for summary judgment against a man and his daughter who sued him for improperly preparing the certificate of title for a property they purchased. The attorney missed an encumbrance on the property by searching only by the property at the registry of deeds instead of searching the property’s prior owners.
Court: Massachusetts Court Of Appeals, Judge: Rubin, Filed On: September 7, 2023, Case #: 22-P-102, Categories: Property, Real Estate, Legal Malpractice
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. Sacks finds that the family court properly divided the marital estate equally between the husband and wife in a divorce case. The funds provided by the wife's mother were used by both the wife and husband and heavily impacted both of their lifestyles during their marriage, so they are not funds separate from the marriage belonging to the wife. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Sacks, Filed On: September 6, 2023, Case #: 21-P-655, Categories: Family Law
J. Hodgens reverses the determination that an eye surgeon’s failure to translate an arbitration agreement to Spanish for his patient, amounts to fraud in the inducement. The patient’s lack of understanding of the form does not mean it was a form of fraud in the inducement because the patient signed the form anyway, even though he could have requested an interpreter or otherwise chosen not to sign the form until he could understand it.
Court: Massachusetts Court Of Appeals, Judge: Hodgens, Filed On: August 31, 2023, Case #: 22-P-904, Categories: Arbitration, Fraud, Contract
J. D’Angelo partially amends a judgment entered in favor of a subcontractor which lent equipment to a contractor, who then failed to pay the subcontractor properly. The trial judge does not have authority to lower the lien amount in situations where the borrowed equipment is on the contractor’s worksite but unused for extended periods of time.
Court: Massachusetts Court Of Appeals, Judge: D’Angelo, Filed On: August 29, 2023, Case #: 21-P-985, Categories: Debt Collection, Contract
J. Shin vacates the extension of an abuse prevention order because such an order is meant to be used to protect people from abuse from a family or household member, and while the plaintiff and defendant lived together in the same dorm room, they did not prepare or eat meals together or participate in communal activities with each other and there relationship was limited to just sharing a dorm room.
Court: Massachusetts Court Of Appeals, Judge: Shin, Filed On: August 28, 2023, Case #: 22-P-944, Categories: Family Law, Housing, Assault
Per curiam, the Massachusetts Court of Appeals vacates a harassment protection order against a TikToker who threatened an individual who did not deliver pottery to her in the timeframe she wanted. Three instances of harassment would be needed for the order to be issued properly and third party harassment does not count.
Court: Massachusetts Court Of Appeals, Judge: Per curiam, Filed On: August 28, 2023, Case #: 22-P-596, Categories: Evidence, Technology
J. Rubin reverses a determination that only employees who establish that they are permanently unable to perform the essential duties of their work on their last day of employment are eligible for disability retirement benefits. Supporting that determination would mean supporting eliminating disability retirement benefits for many workers with degenerative or progressive conditions caused by work accidents.
Court: Massachusetts Court Of Appeals, Judge: Rubin, Filed On: August 25, 2023, Case #: 21-P-707, Categories: Ada / Rehabilitation Act, Erisa, Workers' Compensation
J. Shin partially vacates and remands a decree which would split proceeds from the sale of an estate property equally between its co-owners, who are siblings and the children of the deceased former property owner. One of the siblings damaged the property and this should be factored into how the proceeds are split.
Court: Massachusetts Court Of Appeals, Judge: Shin, Filed On: August 22, 2023, Case #: 22-P-459, Categories: Property, Real Estate, Damages
J. Hershfang reverses summary judgment in favor of a beneficiary of credit and instead grants summary judgment in favor of the issuing bank. The issuer of credit is not obligated to pay the beneficiary where the beneficiary included a photocopy of its amendment with a demand for pay, rather than the original amendment.
Court: Massachusetts Court Of Appeals, Judge: Hershfang, Filed On: August 18, 2023, Case #: 22-P-701, Categories: Banking / Lending, Contract
J. englander vacates the judgments and remands a case brought against the defendant for allegedly committing larceny and interfering with a gas meter to make it look like his businesses used less gas than they did. The trial judge made a statement to the jury that implied the burden of proof was on the defendant to prove that the damaged gas station at his premises were not damaged by him, which is incorrect and could have impermissibly swayed the jury.
Court: Massachusetts Court Of Appeals, Judge: Englander, Filed On: August 14, 2023, Case #: 20-P-1299, Categories: Jury, Jury Instructions