Massachusetts Law Updates

Official Blog of the Massachusetts Trial Court Law Libraries

Category Archives: New Cases

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

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

SJC Rules for Environmental Global Warming Lawsuit Posted on May 25

The Massachusetts Supreme Judicial Court recently ruled in Kain v. Department of Environmental Protection ( SJC 11961) that the Massachusetts Department of Environmental Protection(MassDEP) failed to take action by the deadline of 2012 to adopt regulations and set specific limits on greenhouse gas emissions that are   …Continue Reading SJC Rules for Environmental Global Warming Lawsuit

Legal Setback for Patriots Fans Posted on Apr 26

Yesterday, the N.F.L. prevailed in their appeal in the deflategate case. The 2-1 decision by the United States Court of Appeals for the Second Circuit in National Football League Management Council and National Football League v. National Football League Players Association and Tom Brady includes   …Continue Reading Legal Setback for Patriots Fans

New Standard of Proof in Sex Offender Classification Posted on Dec 11

In Doe, SORB No. 380316 v. Sex Offender Registry Board, decided today, the Supreme Judicial Court announced a new standard of proof for classification of sex offenders. “In light of amendments to the sex offender registry law and other developments.. the preponderance standard no longer adequately protects … due process   …Continue Reading New Standard of Proof in Sex Offender Classification

Felony-Murder in Massachusetts Posted on Dec 3

In Commonwealth v. Tejeda, decided yesterday, the Supreme Judicial Court  was asked to decide “whether a defendant who joins with others to commit an armed robbery may be found guilty of murder on the theory of felony-murder for the killing of his accomplice by someone resisting the armed robbery. ” Their   …Continue Reading Felony-Murder in Massachusetts

Guidance for Involuntary Commitments for Alcohol or Substance Abuse Posted on Nov 6

In In the Matter of G.P., decided yesterday, the SJC provided guidance to judges in cases involving civil commitment under G. L. c. 123, § 35. Among the holdings of the court: Standard of Proof: “Given the limited and definite time frame involved in a §   …Continue Reading Guidance for Involuntary Commitments for Alcohol or Substance Abuse

Overtime for Working During Lunch Hour Posted on Sep 14

A recent Appeals Court case issued a ruling that an employee who was undertaking lunch time work should have been credited with overtime compensation when she worked over forty hours per week.    According to the company in Vitali v. Reit Management & Research, L.L.C., 88 Mass. App. Ct.   …Continue Reading Overtime for Working During Lunch Hour

Brady Case: Where to Find More Information Posted on Sep 8

United State District Court Judge Richard Berman’s Decision and Order, dated September 3, 2015, granted the National Football League Players Association’s motion to vacate NFL Commissioner Roger Goodell’s July 28, 2015 Arbitration Award imposing a four-game suspension on New England Patriots quarterback Tom Brady. The   …Continue Reading Brady Case: Where to Find More Information

Future Contractual Proceeds of Intellectual Property Deemed Marital Asset Posted on Sep 4

The Massachusetts Appeals Court recently issued a ruling in a case (Canisius v. Morgenstern, 87 Mass. App. Ct. 759) stating that rights to future payments for a novel written during a marriage and movie contract established at the time of divorce could be included in the divisible marital estate. In this   …Continue Reading Future Contractual Proceeds of Intellectual Property Deemed Marital Asset