sound principle in Massachusetts

2026It is founded on the sound principle that the right of a party to have this court consider a point entails a duty; that duty is to assist the court with argument and appropriate citation of authority.'" Cameron v. Carelli, 39 5 Mass. App. Ct. 81, 85-86 (1995), quoting Lolos v. Berlin, 338 Mass. 10, 14 (1958).

2025It is founded on the sound principle that the 6 right of a party to have this court consider a point entails a duty; that duty is to assist the court with argument and appropriate citation of authority.'" Cameron v. Carelli, 39 Mass. App. Ct. 81, 85-86 (1995), quoting Lolos v. Berlin, 338 Mass. 10, 14 (1958).

2025It is founded on the sound principle that the right of a party to have this court consider a point entails a duty; that duty is to assist the court with argument and appropriate citation of authority.'" Cameron v. Carelli, 39 Mass. App. Ct. 81, 85-86 (1995), quoting Lolos v. Berlin, 338 Mass. 10, 14 (1958). 2 Here, the husband's appellate arguments lack support of any case law or reference to any standard of review.

2025It is founded on the sound principle that the 6 right of a party to have this court consider a point entails a duty; that duty is to assist the court with argument and appropriate citation of authority.'" Cameron v. Carelli, 39 Mass. App. Ct. 81, 85-86 (1995), quoting Lolos v. Berlin, 338 Mass. 10, 14 (1958).

2026The plaintiff was a tenured civil servant entitled to the protection of the statute.1 Documents in the plaintiff's record appendix show that within one month of the dismissal of his complaint he was actively challenging his termination in proceedings before the Civil Service Commission (commission). 1 A Civil Service Commission decision included in the record appendix shows that he had successfully challenged certain disciplinary actions taken against him in the past. 3 The exhaustion doctrine "is a sound principle of law and jurisprudence aimed at preserving the integrity of both the administ

2026The plaintiff was a tenured civil servant entitled to the protection of the statute.1 Documents in the plaintiff's record appendix show that within one month of the dismissal of his complaint he was actively challenging his termination in proceedings before the Civil Service Commission (commission). 1 A Civil Service Commission decision included in the record appendix shows that he had successfully challenged certain disciplinary actions taken against him in the past. 3 The exhaustion doctrine "is a sound principle of law and jurisprudence aimed at preserving the integrity of both the administ

2014In the absence of such a requirement a court would be in the position of reviewing administrative proceedings in a piecemeal fashion, Broderick’s Case, 320 Mass. 149, 151 (1946) ....

2014In the absence of such a requirement a court would be in the position of reviewing administrative proceedings in a piecemeal fashion, Broderick's Case, 320 Mass. 149, 151 (1946) . . . .

2003See, e.g., McKenney v. Commission on Judicial Conduct, 380 Mass. 263, 266-67 (1980) (agency proceedings “should not be hampered by interlocutory appeals on preliminary matters, absent some extraordinary justification”); Assuncao’s Case, 372 Mass. 6, 9 (1977) (“The requirement that parties exhaust their administrative remedies before seeking review in this court is not a mere procedural device to trap the unwary litigant; rather, it is a sound principle of law and jurisprudence aimed at preserving the integrity of both the administrative and judicial processes”); Boston Edison Co. v. Brookline

1996See also McKenney v. Commission on Judicial Conduct, 380 Mass. 263, 266-67 (1980).

2024Commonwealth v. Rutherford, 476 Mass. 639, 646 (2017). 9 object and which he did not seek to redirect.

2003Corp., 10 Mass.App.Ct. 63, 66-67 (1980) (discussing reasons for “the general rule that courts do not act on cases where administrative proceedings are incomplete”).

2000See Frick Co. v. New England Insulation Co., 347 Mass. 461, 467 (1964).

1998See Elias v. Unisys Corp., 410 Mass. 479, 482 (1991) (“Indemnity . . . allows someone who is without fault, compelled by operation of law to defend himself against the wrongful act of another, to recover from the wrongdoer the entire amount of his loss . . . .”)• It is hard to imagine how either Chaulk or its employees could be held derivatively or vicariously liable for any wrongful act of Ferno.

1996See Lolos v. Berlin, 338 Mass. 10, 13-14 (1958) (“a terse and very sketchy reference” to the issues is insufficient; requirement of argument “founded on the sound principle that the right of a party to have this court consider a point entails a duty; that duty is to assist the court with argument and appropriate citation of authority”); Derman Rug Co. v. Ruderman, 4 Mass. App. Ct. 437, 446 (1976) (“The four-sentence argument on this point. . . does not rise to the level of appellate argument and is of no assistance to us”).

1992See also Kendall v. Ernest Pestana, Inc., 40 Cal. 3d 488, 501 (1985).

1992That is a sound principle. “[I]t is unreasonable for a landlord to withhold consent to a sublease solely to extract an economic concession ■ of to improve its economic position.” 1010 Potomac Assocs. v. Grocery Mfrs. of America, Inc., 485 A.2d 199, 209-210 (D.C. 1984).

1992Indeed, estoppel by deed was applied to the equivalent of a quitclaim conveyance in Trull v. Eastman, 3 Met. 121, 124 (1841), a case involving a family arrangement in which it was understood that the title conveyed was later to be acquired by the grantor from his father’s will.

1991See In re Marriage of Gillmore, 29 Cal.3d 418, 426 (1981); Kilbride v. Kilbride, 172 Mich. App. 421, 437-438 (1988); Mattox v. Mattox, 105 N.M. 479, 483-484 (1987).

1991See In re Marriage of Gillmore, 29 Cal.3d 418, 426 (1981); Kilbride v. Kilbride, 172 Mich. App. 421, 437-438 (1988); Mattox v. Mattox, 105 N.M. 479, 483-484 (1987).

1991See In re Marriage of Gillmore, 29 Cal.3d 418, 426 (1981); Kilbride v. Kilbride, 172 Mich. App. 421, 437-438 (1988); Mattox v. Mattox, 105 N.M. 479, 483-484 (1987).

1990I write with the hope that one day the court will reverse the “sharp retrogression in its sensitivity to the unfairness of admitting in a criminal case evidence of a defendant’s prior bad acts,” see Commonwealth v. Helfant, supra at 238 (O’Connor, J., dissenting), except in the rare circumstances accommodated in our pre-Helfant and King cases.

1990I write with the hope that one day the court will reverse the "sharp retrogression in its sensitivity to the unfairness of admitting in a criminal case evidence of a defendant's prior bad acts," see Commonwealth v. Helfant, supra at 238 (O'Connor, J., dissenting), except in the rare circumstances accommodated in our pre- Helfant and King cases.

1989This is the prophylactic proposition of Commonwealth v. Scalise, 387 Mass. 413, 420 (1982): “We conclude it to be a sound principle that the decision whether to dispense with the requirement of announcement should be left to judicial officers, whenever police have sufficient information at the time of application for a warrant to justify such a request.” See also Commonwealth v. Manni, 398 Mass. 741, 742-743 (1986).

1989This is the prophylactic proposition of Commonwealth v. Scalise, 387 Mass. 413, 420 (1982): “We conclude it to be a sound principle that the decision whether to dispense with the requirement of announcement should be left to judicial officers, whenever police have sufficient information at the time of application for a warrant to justify such a request.” See also Commonwealth v. Manni, 398 Mass. 741, 742-743 (1986).

1982Accord, State v. Parker, 283 Minn. 127 (1969).

1973It is founded on the sound principle that the right of a party to have this court consider a point entails a duty; that duty is to assist the court with argument and appropriate citation of authority.” Accord, Commonwealth v. Martin, 358 Mass. 282 (1970); Commonwealth v. Roberts, 362 Mass. 357, 369 (1972).

1973Cf. Commonwealth v. Nassar, 351 Mass. 37, 41 (1966).