Landlord breached implied warranty of habitability by failing to remedy moisture and ventilation problems. Retaliation presumption not rebutted by clear and convincing evidence. Damages must account for tenant's actual harm, not average sensibility.
Police officer restricted to desk duty after head injuries sued for disability discrimination. Court held the case requires proof of actual capability, not that employer's reasoning was pretextual, and remanded for trial.
Court vacated default judgment by confession where defendants raised meritorious defenses to allegedly usurious loan rates and improper judgment-confession provisions.
Split tax rate structure treating personal property same as commercial and industrial real property does not violate constitutional proportionality requirement.
Accidental disability retirement appeal. Timeliness determined by notice to counsel. Remanded because CRAB raised unlitigated issues and made factual findings without record support.
Massachusetts Appeals Court vacates judgment for medical device manufacturer where trial court improperly excluded evidence of supplier's caution regarding permanent polypropylene implants and FDA postmarket surveillance letters.
Appeals Court reverses dismissal of zoning appeal after judicial remand. Court retains jurisdiction over timely-filed appeal even when board issues new decision; amendment to complaint need not comply with twenty-day filing deadline.
Summary process appeal dismissed for late transcript filing, but reversed where rules permit cure. Tenant's compliance deemed timely under mandatory appellate rule provision.
Affordable housing unit owner who frequently traveled for work but maintained unit as principal residence did not violate occupancy restrictions. Sharing unit with roommates who paid portion of costs not prohibited leasing.
Statements speculating about a suicide victim's motivations constitute protected opinion, not actionable fact, when they rest on disclosed facts and invite reader speculation rather than asserting objective truth.
