9 results for 'judge:"Sacks"'.
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
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. 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
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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. 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. 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. Sacks remands and reverses a prior judgment regarding the claims that inmates serving life sentences brought against Department of Corrections (DOC) officials for a new standard operating procedure that prevents the inmates from sending funds directly to private individuals who are not in prison, or to businesses or organizations without invoices or order forms from the businesses or organizations they wish to send funds to. The new procedure conflicts with other DOC regulations and infringes on the inmates’ Fourteenth Amendment right to protection from being deprived of property without due process.
Court: Massachusetts Court Of Appeals, Judge: Sacks, Filed On: July 17, 2023, Case #: 22-P-435, Categories: Constitution, Due Process, Prisoners' Rights