purposes rule in Massachusetts

2026For the purposes of our analysis, we assume that the testimony of Pierresin and Rivera-Toucet describing the contents of the parking lot videos 6 should have been "barred for the same reasons as those underlying the best evidence rule," Salyer, 84 Mass. App. Ct. at 356 n.10.

2025We accept that representation for the purposes of our analysis. [13] This result is consistent with the court's explanation in Bank, 451 Mass. at 662–663, that "when expenses incurred as a result of a contract breach are not paid by a plaintiff until after the breach has occurred, the interest is calculated not from the date of the breach or even the date the action was commenced, as the plain language of the statute would require, but from the date or dates on which the plaintiff made such payments." We nevertheless note, however, that the trial judge enjoys some discretion in setting accrual

2023Partnership, 461 Mass. at 475 , and assume for the purposes of our analysis that only acoustic, and not electronically amplified, musical instruments were played at the Inn in 1967. 10 Almeida, 89 Mass. App. Ct. at 246-247 (third prong satisfied where judge found that beer and wine sales would not affect neighborhood traffic, litter, or safety in way different in kind from current store).

2021Where the arguments in both cases "arise out of and attempt to characterize the same set of operative facts -- the actual use of the property in question," Bendetson v. Building Insp. of Revere, 36 Mass. App. Ct. 615 , 620 (1994), the causes of action in both cases are the same for purposes of claim preclusion.

2020Co. v. Robert Seuffer GMBH & Co., 468 Mass. 109, 120-121 , cert. denied, 574 U.S. 1061 (2014).

2018These grants received full scrutiny and endorsement by the residents of the town at multiple levels of town government. **109 The judge found that the first and third prongs of the test had been satisfied by the town. 5 With regard to the second factor, the judge assumed for the purposes of the analysis that the taxpayers would be able to show that the grants in fact substantially aided the church and she then conducted the balancing test, concluding that the grants did not run afoul of the anti-aid amendment. 6 She did not ignore *722 the second factor; rather, the judge balanced the various

2018These grants received full scrutiny and endorsement by the residents of the town at multiple levels of town government. **109 The judge found that the first and third prongs of the test had been satisfied by the town. 5 With regard to the second factor, the judge assumed for the purposes of the analysis that the taxpayers would be able to show that the grants in fact substantially aided the church and she then conducted the balancing test, concluding that the grants did not run afoul of the anti-aid amendment. 6 She did not ignore *722 the second factor; rather, the judge balanced the various

2018Ayala v. Commonwealth , 454 Mass. 1015 , 1015, 910 N.E.2d 365 (2009). 15 For the purposes of our analysis, we assume, without in any way deciding, that the information that would confirm N.F.'s status as an informant falls within the scope of what is considered exculpatory information.

2018Ayala v. Commonwealth , 454 Mass. 1015 , 1015, 910 N.E.2d 365 (2009). 15 For the purposes of our analysis, we assume, without in any way deciding, that the information that would confirm N.F.'s status as an informant falls within the scope of what is considered exculpatory information.

2018Indeed, as this court's **110 anti-aid amendment cases repeatedly state, the amendment "marks no difference between 'aids,' whether religious or secular." Springfield , 382 Mass. at 674 , n.14 , 417 N.E.2d 408 , quoting Bloom v. School Comm. of Springfield , 376 Mass. 35 , 45, 379 N.E.2d 578 (1978).

2018Indeed, as this court's **110 anti-aid amendment cases repeatedly state, the amendment "marks no difference between 'aids,' whether religious or secular." Springfield , 382 Mass. at 674 , n.14 , 417 N.E.2d 408 , quoting Bloom v. School Comm. of Springfield , 376 Mass. 35 , 45, 379 N.E.2d 578 (1978).

2018See Commonwealth v. Williams , 455 Mass. 706 , 714 n.6, 919 N.E.2d 685 (2010) ("[E]xculpatory is not a technical term meaning alibi or other complete proof of innocence, but simply imports evidence which tends to negate the guilt of the accused ... or, stated affirmatively, supporting the innocence of the defendant" [quotations omitted] ); Commonwealth v. Pisa , 372 Mass. 590 , 595, 363 N.E.2d 245 (1977), cert. denied, 434 U.S. 869 , 98 S.Ct. 210 , 54 L.Ed.2d 147 (1977). 16 The defendant argued that the change in her testimony was the result of intimidation on the part of the Federal governmen

2018See Commonwealth v. Williams , 455 Mass. 706 , 714 n.6, 919 N.E.2d 685 (2010) ("[E]xculpatory is not a technical term meaning alibi or other complete proof of innocence, but simply imports evidence which tends to negate the guilt of the accused ... or, stated affirmatively, supporting the innocence of the defendant" [quotations omitted] ); Commonwealth v. Pisa , 372 Mass. 590 , 595, 363 N.E.2d 245 (1977), cert. denied, 434 U.S. 869 , 98 S.Ct. 210 , 54 L.Ed.2d 147 (1977). 16 The defendant argued that the change in her testimony was the result of intimidation on the part of the Federal governmen

2018See Commonwealth v. Williams , 455 Mass. 706 , 714 n.6, 919 N.E.2d 685 (2010) ("[E]xculpatory is not a technical term meaning alibi or other complete proof of innocence, but simply imports evidence which tends to negate the guilt of the accused ... or, stated affirmatively, supporting the innocence of the defendant" [quotations omitted] ); Commonwealth v. Pisa , 372 Mass. 590 , 595, 363 N.E.2d 245 (1977), cert. denied, 434 U.S. 869 , 98 S.Ct. 210 , 54 L.Ed.2d 147 (1977). 16 The defendant argued that the change in her testimony was the result of intimidation on the part of the Federal governmen

2018See Commonwealth v. Williams , 455 Mass. 706 , 714 n.6, 919 N.E.2d 685 (2010) ("[E]xculpatory is not a technical term meaning alibi or other complete proof of innocence, but simply imports evidence which tends to negate the guilt of the accused ... or, stated affirmatively, supporting the innocence of the defendant" [quotations omitted] ); Commonwealth v. Pisa , 372 Mass. 590 , 595, 363 N.E.2d 245 (1977), cert. denied, 434 U.S. 869 , 98 S.Ct. 210 , 54 L.Ed.2d 147 (1977). 16 The defendant argued that the change in her testimony was the result of intimidation on the part of the Federal governmen

2013We decline to do so here. 17 Yet, even assuming for the purposes of this analysis only that Heller applied to firearm possession outside the home, our analysis in Runyan, supra at 235-237 , leads us to conclude that the storage statute would pass constitutional muster.

2011Rather, it is a reasonable person who has been subjected to the conduct which forms the basis for the plaintiff’s complaint.” Ibid.