Massachusetts Law Updates

Official Blog of the Massachusetts Trial Court Law Libraries

Monthly Archives: June 2016

Comments Invited on Proposed Changes to Criminal Rule 15 Posted on Jun 30

The SJC Standing Advisory Committee on the Rules of Criminal Procedure invites comments on a proposed amendment to Mass. R. Crim. P. 15(a)(3). The Standing Advisory Committee previously proposed deleting Rule 15(a)(3) as that provision no longer reflects the law. The Standing Advisory Committee now   …Continue Reading Comments Invited on Proposed Changes to Criminal Rule 15

Amendments to the Telemarketing Rule Posted on Jun 29

The Federal Trade Commission (FTC) has finalized changes to Telemarketing Sales Rule (“TSR” or “Rule”). These amendments define and prohibit the use of certain payment methods in all telemarketing transactions; expand the scope of the advance fee ban for recovery services; and clarify certain provisions of the   …Continue Reading Amendments to the Telemarketing Rule

Governor Baker nominates 3 justices for Supreme Judicial Court Posted on Jun 15

Governor Baker nominates 3 justices for Supreme Judicial Court

Governor Charlie Baker introduced three Superior Court justices yesterday to fill three impending vacancies on Massachusetts’ highest court.  The judges, Kimberly Budd, Frank Gaziano and David Lowy will replace Associate Justices Fernanda Duffly, Francis Spina, and Robert Cordy who are all retiring this summer.  The   …Continue Reading Governor Baker nominates 3 justices for Supreme Judicial Court

9th Circuit Issues Ruling in Concealed Firearms Case Posted on Jun 15

The US Court of Appeals for the 9th Circuit has issued an opinion stating that the right of a person to carry a concealed firearm in public is not protected by the Second Amendment. The appellants in the case of Peruta v. County of San Diego  argued   …Continue Reading 9th Circuit Issues Ruling in Concealed Firearms Case

The Miranda Warning at 50 Posted on Jun 13

On June 13,1966: Miranda rights were established. Also known as the Miranda warning, the Supreme Court’s decision in Miranda v. Arizona established the principle that every person taken into police custody must be informed of their Fifth Amendment rights against self-incrimination before questioning, and Sixth Amendment rights   …Continue Reading The Miranda Warning at 50

Every day is a holiday! Posted on Jun 10

Who doesn’t love a holiday? But is every day a holiday? Well, yes and no. There are official holidays that are recognized by the Federal government. These days matter if you are filing court paperwork and need to know how to compute the time allowed. The list of   …Continue Reading Every day is a holiday!

Word(s) of the Month: eminent domain Posted on Jun 9

Word(s) of the Month: eminent domain

Words of law is a regular feature of Massachusetts Law Updates, highlighting a particular word or phrase and its meaning in law. Today’s phrase is  “eminent domain.” “eminent domain. (18c) The inherent power of a governmental entity to take privately owned property, esp. land, and   …Continue Reading Word(s) of the Month: eminent domain

Public records law amended Posted on Jun 7

Last week, Gov. Baker signed a revised public records law in Massachusetts, St.2016, c.121 (H4333).  Most provisions of the law are effective January 1, 2017. Here are some highlights: Most records should be provided in electronic form “unless the record is not available in electronic   …Continue Reading Public records law amended

Appeals from Decisions of State Agencies Posted on Jun 6

An appeal from an administrative agency decision, also referred to as a “30A appeal,” or a request for “judicial review of an administrative agency decision,” is what you file in the Superior Court when you want a judge to review a final decision made by   …Continue Reading Appeals from Decisions of State Agencies

Self-Help Discovery in Employment Discrimination Case Posted on Jun 3

In Verdrager v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., decided May 31, 2016, the SJC addressed the issue of self-help discovery as protected activity.  The court said, in part: “The question whether an employee’s acts of self-help discovery in aid of claims under   …Continue Reading Self-Help Discovery in Employment Discrimination Case