128 results for 'court:"Massachusetts Court Of Appeals"'.
Per curiam, the Massachusetts Court of Appeals vacates portions of judgments against a woman suing her dentist for allegedly sexually harassing her — such as by telling her she had the option of working as a prostitute when she expressed that she had limited options regarding her teeth — and for assault, battery, and intentional infliction of emotional distress. The woman’s complaint did not fail to allege that any of the dentist’s conduct was economically motivated, because she included that her dentist snapped off one of her teeth, told her she should proceed with an $8,500 implant and lied about her money and insurance information to get her to proceed with treatment with his office. Reversed.
Court: Massachusetts Court Of Appeals, Judge: Per curiam, Filed On: April 22, 2024, Case #: 23-P-0319, Categories: Health Care, Medical Malpractice, Assault
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. Sacks finds that a board of health’s order to the owner of an asphalt plant to cease and desist its operation is valid and reverses a judgment nulling the order. While the prior judge determined that the order was arbitrary and capricious because the board failed to provide evidence that the odor produced by the plant is injurious to the public health, the board has the authority to treat the plant as a public nuisance after residents in proximity to the plant complained of the intense odor, dizziness and eyes burning and watering. Reversed.
Court: Massachusetts Court Of Appeals, Judge: Sacks, Filed On: April 12, 2024, Case #: 23-P-629, Categories: Environment, Municipal Law, Zoning
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J. Desmond affirms the defendant’s convictions for assault and battery on a family or household member, assault by means of a dangerous weapon and assault and battery by means of a dangerous weapon. It was not an error for the prior judge to determine that the victim’s grand jury testimony was not coerced. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Desmond, Filed On: April 11, 2024, Case #: 22-P-795, Categories: Sex Offender, Assault, Battery
J. Desmond affirms a mother and father’s parental rights to their twin daughters but vacates an order denying the twins’ and their older brother’s motions for sibling visitation. The mother and father engaged in substance abuse and domestic violence and then lied about doing so, but while the older brother exhibited troubling behaviors, he wasn’t shown to have put the twins at risk. Affirmed in part.
Court: Massachusetts Court Of Appeals, Judge: Desmond, Filed On: April 4, 2024, Case #: 23-P-294, Categories: Family Law, Guardianship, Assault
J. Milkey affirms a state commission’s finding that a union discriminated against a woman who applied for a job as a forklift operator based on her sex, after it hired an underqualified male over her for the position, then — when attempting to defend its decision — the union treasurer said the women the union typically hired didn’t complain and “knew their place.” The union didn’t offer any credible explanation for the discrepancy in how the woman was treated in comparison to the less-qualified male applicant who was chosen. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Milkey, Filed On: April 3, 2024, Case #: 23-P-83, Categories: Employment, Employment Discrimination, Labor / Unions
J. Brennan reverses the suppression of 50 vials of THC and the defendant’s admission that he was doing something wrong to make some extra money. The police detective who stopped the defendant acted on a reasonable suspicion when he stopped him, based on the detective’s extensive background observing and intercepting drug transactions, and the seller and defendant’s behavior.
Court: Massachusetts Court Of Appeals, Judge: Brennan, Filed On: April 2, 2024, Case #: 23-P-358, Categories: Drug Offender, Evidence, Search
J. Brennan reverses the dismissal of indictments against the defendant for attempted rape of a child, attempted indecent assault and battery on a child under 14 and attempted indecent assault and battery on a person 14 or older. Even though he didn’t touch his 13-year-old daughter, he instructed her to masturbate with him on the phone with her.
Court: Massachusetts Court Of Appeals, Judge: Brennan, Filed On: March 29, 2024, Case #: 23-P-37, Categories: Sex Offender, Assault, Child Victims
J. Milkey concludes that an independent contractor, who feels he should have been classified as an employee and given employee benefits, does not have standing for his claim because he provided his services to the company that hired him through two intermediaries. The contractor is unable to demonstrate an error when the jury instructions on standing are viewed in conjunction with the verdict slip.
Court: Massachusetts Court Of Appeals, Judge: Milkey, Filed On: March 28, 2024, Case #: 23-P-183, Categories: Employment, Jury, Contract
J. Shin vacates the dismissal of a conservator’s petition to probate the decedent’s will, which the conservator but not the decedent signed, based on a misunderstanding of relevant statutes. While the conservator made an error, it would not be consistent with the purpose of relevant statutes to allow this error, made in good faith, to override the decedent’s intent — which is still reflected in the will despite its lack of the decedent’s signature. Reversed.
Court: Massachusetts Court Of Appeals, Judge: Shin, Filed On: March 21, 2024, Case #: 22-P-210, Categories: Wills / Probate, Guardianship
Per curiam, the Massachusetts Court of Appeals supports upholding a cease-and-desist against a homeowner running a reptile breeding facility in his home, in which he breeds bearded dragons, turtles and insects intended to be the reptiles’ food. These animals are not agricultural, bearded dragons are not customary pets, and even if turtles are customary pets, keeping 60 in a basement is not customary. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Per curiam, Filed On: March 21, 2024, Case #: 23-P-332, Categories: Municipal Law, Zoning, Injunction
J. Hodgens upholds the denial of a property owner’s motion to dismiss a real estate company’s complaint, in which the company seeks enforcement of its right of first refusal to purchase the owner’s property. The owner failed to demonstrate that the company’s claim was frivolous. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Hodgens, Filed On: March 20, 2024, Case #: 22-P-1139, Categories: Property, Real Estate
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
Per curiam, the Massachusetts Court of Appeals partly vacates a ruling in the Commonwealth’s favor, dismissing claims brought against it by its employee, a court officer who sued the Commonwealth after it refused to cover the difference between his workers’ compensation payments and his salary in “assault pay” for debilitating injuries he suffered on the job. The statute of limitations was applied in error and the fact that the employee suffered an injury from tripping on stair tread at one point, does not negate the fact that he also sustained many of his injuries from violent prisoners. Reversed.
Court: Massachusetts Court Of Appeals, Judge: Per curiam, Filed On: March 14, 2024, Case #: 23-P-495, Categories: Employment, Assault, Workers' Compensation
J. Ditkoff affirms the defendant’s conviction of possession of fentanyl. Search warrants authorizing searches of any person present include people who remain in the vicinity of the property the search warrant is authorized for, even if they have left the property itself, as long as they were on the property during the execution of the warrant. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Ditkoff, Filed On: March 11, 2024, Case #: 23-P-250, Categories: Criminal Procedure, Drug Offender, Search
J. Sacks determines it was an error to vacate a preliminary injunction that would require a former couple to share custody of Teddy Bear, their Pomeranian, in alternating two-week periods. This custody arrangement was in line with the couple’s agreements with each other and it was not an abuse of discretion to conclude that the man had a high likelihood of success on his contract claim against the woman if she continued to refuse him access to Teddy Bear. Reversed.
Court: Massachusetts Court Of Appeals, Judge: Sacks, Filed On: March 7, 2024, Case #: 23-P-73, Categories: Family Law, Contract
J. Sacks upholds the denial of two court employees’ motion to dismiss claims brought against them by two court officers they worked with, who are suing them, their employer and their union, for race and gender discrimination, retaliation and other unlawful employment practices. The doctrine of present execution is not applicable to the two employees’ motion to dismiss. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Sacks, Filed On: March 7, 2024, Case #: 23-P-216, Categories: Employment, Employment Discrimination, Employment Retaliation
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