Kellogg v. Bd. of Reg. in Med., 958 N.E.2d 51 (Mass. 2011). · Go Syfert
Kellogg v. Bd. of Reg. in Med., 958 N.E.2d 51 (Mass. 2011). Cases Citing This Book View Copy Cite
63 citation events (63 in the last 25 years) across 3 distinct courts.
Strongest positive: Commonwealth v. Moore (mass, 2018-10-31)
Treatment trajectory · 2012 → 2026 · click a year to view as-of
2012 2019 2026
Top citers, strongest first. 48 distinct citers. How cited ↗
examined Cited as authority (quoted) Commonwealth v. Moore (2×)
Mass. · 2018 · quote attribution · 2 verbatim quotes · confidence low
briefs that limit themselves to 'bald assertions of error' that 'lack legal argument ... rise to the level of appellate argument' required by rule 16
discussed Cited as authority (rule) MICHAEL GERHARDT & Another v. ROBERT S. BURR & Others. (2×) also: Cited "see"
Mass. App. Ct. · 2026 · confidence medium
For the same reason, we decline to address Burr's contention, neither raised below nor developed in his briefs here, that his deposition testimony showed an "agreement" that the plaintiffs "were not entitled to further distributions." See Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011); Gaffney v. Contributory Retirement Appeal Bd., 423 Mass. 1 , 6 n.4 (1996); Mass. R.
cited Cited as authority (rule) STEPHEN STOUTE v. JOSEPH AOUN & Others.
Mass. App. Ct. · 2026 · confidence medium
Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011).
discussed Cited as authority (rule) FAMILY BEHAVIORAL HEALTH INC. v. 387 MAIN STREET REALTY TRUST & Another.
Mass. App. Ct. · 2026 · confidence medium
Even if the defendants' arguments had been properly preserved at trial -- and setting aside the fact that many of their claims on appeal are unsupported by legal authority and thus are further waived as not rising to the level of appellate argument, see Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011); Andover v. Energy Facilities Siting Bd., 435 Mass. 377, 394 (2001) -- they are meritless.
cited Cited as authority (rule) Commonwealth v. Peter J. Caggiano, Jr.
Mass. App. Ct. · 2026 · confidence medium
Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011).
discussed Cited as authority (rule) Commonwealth v. Robert L. Brown.
Mass. App. Ct. · 2025 · confidence medium
Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011). 4 defendant was arrested,3 § 131(d) stated that "[t]he licensing authority may deny the application or renewal of a license to carry . . . if, in a reasonable exercise of discretion, the licensing authority determines that the applicant or licensee is unsuitable to be issued . . . a license to carry." G.
discussed Cited as authority (rule) JOHN NEWMAN v. COMMONWEALTH OF MASSACHUSETTS & Others.
Mass. App. Ct. · 2025 · confidence medium
"Briefs that limit themselves to 'bald assertions of error' that 'lack[] legal argument . . . '[do not] rise[] to the level of appellate argument' required by rule 16." Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011), quoting Zora v. State Ethics Comm'n, 415 Mass. 640 , 642 n.3 (1993).
discussed Cited as authority (rule) Commonwealth v. Jose M. Shaw
Mass. App. Ct. · 2025 · confidence medium
A. P. 16 (a) (9) (A), as appearing in 481 Mass. 1628 (2019); Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011), quoting Zora v. State Ethics Comm'n, 415 Mass. 640 , 642 n.3 (1993) ("Briefs that limit themselves to 'bald assertions of error' that 'lack[] legal argument . . . [do not] rise[] to the level of appellate argument' required by rule 16"). [13] The question, "What is that?" was in reference to the officers' demand for the defendant's firearms license.
cited Cited as authority (rule) Igor Odnovorov v. Svitlana Odnovorov.
Mass. App. Ct. · 2025 · confidence medium
Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011), quoting Zora v. State Ethics Comm'n, 415 Mass. 640 , 642 n.3 (1993).
cited Cited as authority (rule) MICHAEL BOTELHO v. DIRECTOR OF THE DIVISION OF MARINE FISHERIES & Another.
Mass. App. Ct. · 2025 · confidence medium
Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011), quoting Zora v. State Ethics Comm'n, 415 Mass. 640 , 642 n.3 (1993).
discussed Cited as authority (rule) KULWANT S. GILL & Others v. ANGELA CORNACCHIO.
Mass. App. Ct. · 2025 · confidence medium
A. P. 16 (a) (9) (A), as appearing in 481 Mass. 1628 (2019) ("appellate court need not pass upon questions or issues not argued in the brief"); Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011) (appellate court unable to reach issues on appeal where appellant "failed to support [her] claims of error with sufficient legal argument . . . and fail[ed] to cite to sufficient supporting authority").
discussed Cited as authority (rule) MARGARET L. DONOVAN & Another v. BRIGHTVIEW SENIOR LIVING, LLC, & Another.
Mass. App. Ct. · 2025 · confidence medium
Accordingly, their argument amounts to little more than a bald assertion of error and "provide[s] an insufficient basis for this court [to] reasonably consider [their] claims." Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011) ("Further, Mass. R.
cited Cited as authority (rule) John Doe, Sex Offender Registry Board No. 527089 v. Sex Offender Registry Board.
Mass. App. Ct. · 2024 · confidence medium
A. P. 16 (a) (9), as appearing in 481 Mass. 1628 (2019); Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011).
discussed Cited as authority (rule) PIERRE GRENIER v. CIVIL SERVICE COMMISSION & Another.
Mass. App. Ct. · 2024 · confidence medium
A. P. 16(9)(A); Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011) ("Briefs that limit themselves to 'bald assertions of error' that 'lack[] legal argument . . . [do not] rise[] to the level of appellate argument" [citations omitted]).
cited Cited as authority (rule) MOIRA E. ROYAL v. TD BANK, N.A., Trustee, & Others.
Mass. App. Ct. · 2024 · confidence medium
Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011).
cited Cited as authority (rule) FALLON COMMUNITY HEALTH PLAN, INC. & Others v. KENNETH NOISETTE.
Mass. App. Ct. · 2023 · confidence medium
Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011).
cited Cited as authority (rule) Fialkowski v. Baltromitis
Mass. App. Ct. · 2023 · confidence medium
A. P. 16 (a) (9) (A), as appearing in 481 Mass. 1628 (2019); Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011).
cited Cited as authority (rule) GEORGE MACKIE v. BRUCE PATZNER & Others.
Mass. App. Ct. · 2023 · confidence medium
Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011); Mass. R.
discussed Cited as authority (rule) Adoption of Zak
Mass. App. Ct. · 2017 · confidence medium
Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011). 5 By contrast, in Malik, 84 Mass. App. Ct. at 439 , the mother stipulated to her unfitness and to termination of her parental rights in a care and protection proceeding, and waived her right to appeal from the resulting decree.
cited Cited as authority (rule) Commonwealth v. Cassidy
Mass. · 2014 · confidence medium
A. R 16 (a) (4), as amended, 367 Mass. 921 (1975)].” Kellogg v. Board of Registration in Med., 461 Mass. 1001,1003 (2011).
cited Cited as authority (rule) Commonwealth v. Cassidy
Mass. · 2014 · confidence medium
A. P. 16 (a) (4), as amended, 367 Mass. 921 (1975)]." Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011).
discussed Cited as authority (rule) Selmark Associates, Inc. v. Ehrlich (2×)
Mass. · 2014 · confidence medium
Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011).
discussed Cited "see" N.M. v. C.C.
Mass. App. Ct. · 2026 · signal: see · confidence high
See Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011) (failure to support "claims of error with sufficient legal argument or factual detail" or "fail[ure] to cite to sufficient supporting authority. . . . provide an insufficient basis for [the] court reasonably to consider" appellate arguments).
cited Cited "see" STAFFORD STREET PROPERTIES, LLC v. ROBERT PEEL, THIRD, & Another.
Mass. App. Ct. · 2026 · signal: see · confidence high
See Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011).
cited Cited "see" Anastasia Rose v. Patrick Richard.
Mass. App. Ct. · 2026 · signal: see · confidence high
See Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011).
discussed Cited "see" Michael Nwozuzu v. Safety Insurance Company.
Mass. App. Ct. · 2026 · signal: see · confidence high
See Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011) (insufficient basis for appellate consideration where appellant "failed to support his claims of error with sufficient legal argument . . . and fail[ed] to cite to sufficient supporting authority").
discussed Cited "see" Adoption of Osei.
Mass. App. Ct. · 2026 · signal: see · confidence high
See Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011); Geezil v. White Cliffs Condominium Four Ass'n, 105 Mass. App. Ct. 103 , 112 n.8 (2024); Adoption of Zak, 90 Mass. App. Ct. 840 , 842 n.4 (2017).
discussed Cited "see" LEAH BARROWS v. NEW ENGLAND SCHOOL OF ACUPUNCTURE & Others.
Mass. App. Ct. · 2026 · signal: see · confidence high
See Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011); Geezil v. White Cliffs Condominium Four Ass'n, 105 Mass. App. Ct. 103 , 112 n.8 (2024); Adoption of Zak, 90 Mass. App. Ct. 840 , 842 n.4 (2017). 3.
cited Cited "see" Esra Aleyna Kuruca v. Qassim M. Darawsheh.
Mass. App. Ct. · 2025 · signal: see · confidence high
See Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011).
cited Cited "see" ELIZABETH CERDA & Another v. MICHAEL DUNN & Another.
Mass. App. Ct. · 2025 · signal: see · confidence high
See Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011); Mass. R.
cited Cited "see" In the Matter of Kazuko Boudreau.
Mass. App. Ct. · 2025 · signal: see · confidence high
See Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011).
cited Cited "see" CHRISTOPHER CIAMPA v. BRIANA DURHAM & Others.
Mass. App. Ct. · 2025 · signal: see · confidence high
See Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011); Mass. R.
cited Cited "see" DORIS OVALLE v. BARRY BILLCLIFF & Another.
Mass. App. Ct. · 2025 · signal: see · confidence high
See Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011).
discussed Cited "see" MELISSA PACHECO v. UNIVERSITY OF MASSACHUSETTS & Others.
Mass. App. Ct. · 2025 · signal: see · confidence high
See Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011) (insufficient basis for appellate consideration where appellant "failed to support his claims of error with sufficient legal argument . . . and fail[ed] to cite to sufficient supporting authority").
discussed Cited "see" JIANGHE NIU v. BOSTON HOUSING AUTHORITY & Another.
Mass. App. Ct. · 2024 · signal: see · confidence high
See Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011) (insufficient basis for appellate consideration where appellant "failed to support his claims of error with sufficient legal argument . . . and fail[ed] to cite to sufficient supporting authority"); Everett v. 357 Corp., 453 Mass. 585 , 604 n.26 (2009).
cited Cited "see" Susan L. Scangas v. Dianne C. Cormier.
Mass. App. Ct. · 2024 · signal: see · confidence high
See Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011); Mass. R.
discussed Cited "see" Carnelli v. Bell at Salem Station
Mass. App. Ct. · 2019 · signal: see · confidence high
See Kellogg v. Board of Registration in Med ., 461 Mass. 1001 , 1003 (2011), quoting Zora v. State Ethics Comm'n , 415 Mass. 640 , 642 n.3 (1993) ("Briefs that limit themselves to 'bald assertions of error' that 'lack[ ] legal argument ... [do not] rise[ ] to the level of appellate argument' required by [Mass. R.
cited Cited "see" Ranieri v. Glacken
Mass. App. Ct. · 2018 · signal: see · confidence high
See Kellogg v. Board of Registration in Med ., 461 Mass. 1001 , 1003 (2011).
discussed Cited "see" H.D. v. X.Z.
Mass. App. Ct. · 2018 · signal: see · confidence high
See Kellogg v. Board of Registration in Med ., 461 Mass. 1001 , 1003 (2011) (appellant failed to support claims of error with sufficient legal argument or factual detail and failed to cite sufficient supporting authority).
cited Cited "see" Nishiyama v. Dhillon
Mass. App. Ct. · 2018 · signal: see · confidence high
See Kellogg v. Board of Registration in Med ., 461 Mass. 1001 , 1003 (2011), citing Mass.R.A.P. 16(a)(4), as amended, 367 Mass. 921 (1975).
discussed Cited "see" Aimco N. Andover, LLC v. Deluca
Mass. App. Ct. · 2018 · signal: see · confidence high
See Kellogg v. Board of Registration in Med ., 461 Mass. 1001 , 1003 (2011) (failure to support claims of error with sufficient legal argument, factual detail, or citation to authority; appellant's submissions provided "an insufficient basis for [the] court reasonably to consider [the appellant's] claims").
discussed Cited "see" Commonwealth v. Carrington
Mass. App. Ct. · 2018 · signal: see · confidence high
See Kellogg v. Board of Registration in Med. , 461 Mass. 1001 , 1003 (2011) (court need not consider claims of error unsupported by sufficient legal argument).
cited Cited "see" Villa v. United Servs. Auto. Ass'n
Mass. App. Ct. · 2017 · signal: see · confidence high
See Kellogg v. Board of Registration in Med ., 461 Mass. 1001 , 1003 (2011).
cited Cited "see" Commonwealth v. Fritz
Mass. · 2015 · signal: see · confidence high
See Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011). 4 The error was not compounded by improper burden-shifting in the prosecutor’s opening statement.
discussed Cited "see" Tortorelli v. O'Callaghan
Mass. Dist. Ct., App. Div. · 2012 · signal: see · confidence high
See Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011); Milton v. Commissioner of Correction, 67 Mass. App. Ct. 253 , 257 n.5 (2006); Ready, petitioner, 63 Mass. App. Ct. 171, 180 (2005). 3.
cited Cited "see, e.g." MEEHN SU GIM v. YOUNG INVESTMENTS, LLC, & Others.
Mass. App. Ct. · 2025 · signal: see also · confidence medium
See also Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011).
discussed Cited "see, e.g." Southcoast Redevelopment, LLC v. William R. Murdoch.
Mass. App. Ct. · 2025 · signal: see also · confidence medium
See also Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011) (court had insufficient basis to consider appellant's claims of error where appellant failed to provide supporting legal authority). 6 in connection with the issuance of a title insurance policy, prior to the sale of the property.
discussed Cited "see, e.g." Commonwealth v. Daniel P. Green.
Mass. App. Ct. · 2023 · signal: see also · confidence medium
See also Kellogg v. Board of Registration in Med., 461 Mass. 1001, 1003 (2011) (where party failed to support claims with legal argument or factual detail, "[a]s both a legal and a practical matter, [party's] submissions provide[d] an insufficient basis for this court reasonably to consider his claims"). 2.
Retrieving the full opinion text from the archive…
Vernon S. Kellogg
v.
Board of Registration in Medicine
Massachusetts Supreme Judicial Court.
Dec 6, 2011.
958 N.E.2d 51
Vernon S. Kellogg, pro se., Suleyken D. Walker, Assistant Attorney General, for the defendant.
Cited by 50 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 59%
Citer courts: Massachusetts Supreme Judicial… (2)

Vernon S. Kellogg seeks review of a memorandum and judgment of a single justice of this court affirming a decision and order of the Board of Registration in Medicine (board) that revoked Kellogg’s license to practice medicine. We affirm.

Background. Kellogg has been licensed to practice medicine in Massachusetts since 1975. On October 3, 2007, the board issued a statement of allegations against Kellogg accusing him of improperly dispensing a controlled substance in violation of G. L. c. 94C; practicing medicine without professional malpractice liability insurance; engaging in conduct that has the capacity to deceive or defraud; and violating various board regulations. On the same day, the board issued an order temporarily suspending Kellogg’s license to practice medicine pending the outcome of a hearing on the merits of the allegations. Kellogg, then represented by counsel, did not challenge the temporary suspension.

An administrative magistrate of the division of administrative law appeals held an adjudicatory hearing on the statement of allegations on May 26, and 27, 2009. Kellogg appeared pro se.[1] The magistrate’s recommended decision, issued on February 5, 2010, concluded that Kellogg had “violated essential and clear rules and regulations” governing licensed physicians, and that Kellogg’s conduct constituted gross misconduct and gross negligence in the practice of medicine. The board adopted the magistrate’s decision and revoked Kellogg’s medical license. In August, 2010, Kellogg sought judicial review of the board’s decision in the county court pursuant to G. L. c. 112, § 64. The single justice affirmed the decision.

The findings of fact in the magistrate’s recommended decision, adopted by the board, include the following. Beginning in October, 2004, Kellogg failed to maintain medical malpractice insurance, as required by 243 Code Mass. Regs. § 2.07(16) (1994), and failed to notify the board that he no longer carried malpractice insurance. Instead, he falsified his expired malpractice insurance certificate to show that he had renewed the policy that expired in September, 2004, for the coverage years 2004-2005, 2005-2006, and 2006-2007, when he had in fact not done so. In addition to lying about his malpractice insurance, Kellogg failed to comply with State and Federal regulations on the prescription of controlled substances to the patients he saw at a free clinic that[*1002] he operated out of his home. Among other improper procedures, Kellogg did not provide written prescriptions to his patients, instead dispensing medication directly to them. See G. L. c. 94C, § 17. Further, although Kellogg maintained logs of the medication dispensed to his home clinic patients, the logs as produced to the board did not contain any information identifying the patients to whom Kellogg dispensed controlled substances. See G. L. c. 94C, § 9. Finally, and notwithstanding a subpoena, Kellogg refused to provide the board with his patients’ medical records. See 243 Code Mass. Regs. § 1.03(5)(16) (1994).

Discussion. As a preliminary matter, we note that Kellogg’s submissions contain a troubling description of the circumstances attendant to the October 3, 2007, hearing. Kellogg states that he was told to come to the board’s offices on October 3 for a simple meeting. Instead, he states that upon arrival he was frisked, placed in a small, guarded room, told that he was not free to leave, and given numerous papers to read in the brief period of time preceding the hearing that he was informed would soon commence. He states that he was then sent into a makeshift hearing, immediately after which he was informed that his medical license had been temporarily suspended. Because Kellogg, through counsel, chose not to contest the temporary suspension order, there is no record that would permit review of the accuracy of these assertions.[2] Moreover, Kellogg has not shown that the board’s conduct in issuing its temporary suspension order prejudiced his “substantial rights” with regard to the order before us, that is, the final suspension of his medical license. See G. L. c. 30A, § 14 (7). Nevertheless, if accurate, the described conduct would suggest at the least a marked and concerning absence of professional courtesy on the part of the board.

We turn now to Kellogg’s challenge to the board’s final order. “[A] person whose license to practice medicine has been revoked may petition [this] court to ‘enter a decree revising or reversing the decision of the board’ .... The court may modify or set aside the board’s final decision only if the petitioner demonstrates that the decision was legally erroneous, procedurally defective, unsupported by substantial evidence, or arbitrary or capricious, or contained one or more of the three other enumerated defects not at issue here.” Weinberg v. Board of Registration in Med., 443 Mass. 679, 685 (2005), quoting G. L. c. 112, § 64. Fisch v. Board of Registration in Med., 437 Mass. 128, 131 (2002). See G. L. c. 30A, § 14 (7); G. L. c. 112, § 64.

Kellogg does not argue before us that the order revoking his license is based on findings unsupported by substantial evidence or imposes an inappropriate sanction for the violations found. Rather, he asserts that various aspects of the board’s proceedings violated his Federal and State constitutional rights. He asserts further that the requirement that he obtain malpractice insurance violates the contracts clause of art. I, § 10, of the United States Constitution, and that the board’s regulatory authority violates the principle of the separation of powers articulated in art. 30 of the Massachusetts Declaration of Rights.

Having reviewed the single justice’s thorough memorandum and judgment in which he addressed each of Kellogg’s claims of error, we are satisfied that there is nothing that warrants further consideration.

Vernon S. Kellogg, pro se. Suleyken D. Walker, Assistant Attorney General, for the defendant.

Further, Mass. R. A. P. 16 (a) (4), as amended, 367 Mass. 921 (1975), requires that briefs submitted to this court “shall contain the contentions of the appellant with respect to the issues presented, and the reasons therefor, with citations to the authorities, statutes and parts of the record relied on.” The rule further provides that the court “need not pass upon questions or issues not argued in the brief.” Briefs that limit themselves to “bald assertions of error” that “lack[] legal argument... [do not] rise[] to the level of appellate argument” required by rule 16. See Zora v. State Ethics Comm’n, 415 Mass. 640, 642 n.3 (1993), and cases cited. Here, Kellogg failed to support his claims of error with sufficient legal argument or factual detail, and fails to cite to sufficient supporting authority.[3] As both a legal and a practical matter, Kellogg’s submissions provide an insufficient basis for this court reasonably to consider his claims.

Judgment affirmed.

1

Kellogg continued thereafter to represent himself, including in his appeals from the decision of the Board of Registration in Medicine (board) to revoke his medical license.

2

At oral argument before the full court, the board neither accepted nor denied Kellogg’s account.

3

For example, while Kellogg asserts that the board violated his rights under art. 12 of the Massachusetts Declaration of Rights, he did not provide a record appendix illustrating the procedure followed by the board, and he did not explain which actions of the board violated which of his enumerated rights.