Massachusetts Law Updates

Official Blog of the Massachusetts Trial Court Law Libraries

Category Archives: New Cases

Appealing from Finding of Not Guilty by Reason of Mental Illness Posted on Sep 1

In Commonwealth v. Bruneau, decided last week, the SJC ruled that ” a defendant who is found not guilty by reason of mental illness may appeal under G. L. c. 278, § 28. ” “Although a finding of not guilty by reason of mental illness   …Continue Reading Appealing from Finding of Not Guilty by Reason of Mental Illness

Constitutionality of Massachusetts Law on Sex Trafficking Posted on Aug 21

The Supreme Judicial Court has rejected a challenge to the constitutionality of the Massachusetts law G. L. c. 265, § 50 (a) that targets sex trafficking.  An Act relative to the commercial exploitation of people,  which criminalized sexual servitude, forced labor, and organ trafficking was approved in 2011.     …Continue Reading Constitutionality of Massachusetts Law on Sex Trafficking

“Continuing Treatment Doctrine” in Medical Malpractice Posted on Aug 13

On August 7, 2015, in Parr v. Rosenthal, the Appeals Court ruled that the “continuing treatment doctrine is applicable in Massachusetts,” tolling the statute of limitations in certain circumstances. The court stated, “in the medical malpractice context there is a compelling reason to continue to protect the   …Continue Reading “Continuing Treatment Doctrine” in Medical Malpractice

Law Prohibiting Lying About Political Candidates is Unconstitutional Posted on Aug 12

Massachusetts General Law chapter 56, section 42 reads: “No person shall make or publish, or cause to be made or published, any false statement in relation to any candidate for nomination or election to public office, which is designed or tends to aid or to   …Continue Reading Law Prohibiting Lying About Political Candidates is Unconstitutional

Town has Duty to Visiting Athletes Too Posted on Aug 7

In Murray v. Town of Hudson, decided by the Supreme Judicial Court on August 3, a visiting baseball player suffered an injury from an allegedly dangerous condition in the bullpen area at a public park in Hudson. The SJC held that the town owed the same duty   …Continue Reading Town has Duty to Visiting Athletes Too

What is “Length of the Marriage”? Posted on Aug 6

In Valaskatgis v. Valaskatgis, decided yesterday, the court was called upon to determine whether assets acquired after the service of process in a divorce, but before the divorce was granted, were marital assets that should be divided in the divorce.  The court held that the   …Continue Reading What is “Length of the Marriage”?

Postjudgment Interest on Punitive Damages from the State Posted on Aug 5

In Brown v. Office of the Commissioner of Probation, decided yesterday, the Appeals Court addressed “the novel issue of whether a plaintiff who recovers punitive damages as part of a judgment under the provisions of G. L. c. 151B, § 9, against a subdivision of the Commonwealth may be awarded   …Continue Reading Postjudgment Interest on Punitive Damages from the State

Spanking and Parental Privilege Posted on Jul 3

The Supreme Judicial Court has ruled for the first time that “reasonable force” used by parent in the discipline of their children is permissible. The justices say the force used must be “reasonably related to the purpose of safeguarding or promoting the welfare of the   …Continue Reading Spanking and Parental Privilege

Same-Sex Marriage is a Constitutional Right Posted on Jun 26

In Obergefell v. Hodges, decided today, the US Supreme Court ruled that same-sex couples have a constitutional right to choose to marry. “[T]he right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the   …Continue Reading Same-Sex Marriage is a Constitutional Right

Superior Court Case Rules on Suppression of Evidence Gathered During Random Drug Search on Bus Posted on Jun 9

A Massachusetts Lawyers Weekly (vol. 43 no. 41, June 1, 2015) article by Eric T. Berkman,  reports that in Commonwealth v. Luperon,  Massachusetts Superior Court Judge Charles J. Hely recently ruled that illegal drugs seized on a bus that had just arrived in Boston could not be used   …Continue Reading Superior Court Case Rules on Suppression of Evidence Gathered During Random Drug Search on Bus