Massachusetts Law Updates

Official Blog of the Massachusetts Trial Court Law Libraries

Yearly Archives: 2011

“First Complaint” Doctrine Modified Posted on Dec 6

In Comm. v. Aviles, issued today, the SJC announced its intention to modify the first complaint doctrine. “Until now, we have considered the first complaint doctrine to be an “evidentiary rule“…  The admission of evidence in violation of such evidentiary rule, that is, in violation   …Continue Reading “First Complaint” Doctrine Modified

Buyer of property after invalid foreclosure has no standing Posted on Oct 19

In the case of Bevilacqua v.Rodriguez, appealed from a Land Court decision, the SJC has ruled on a follow up issue from the earlier case of US Bank National Ass. v. Ibanez. In Ibanez, the court held that absence of authority to hold the mortgage,   …Continue Reading Buyer of property after invalid foreclosure has no standing

Alimony Reform Law signed Posted on Sep 27

New Mass. Alimony Reform Law (H3617) signed by Governor Patrick yesterday sets limits on alimony and eliminates lifetime alimony. Limits include: (1) If the duration of marriage is 5 years or less, general term alimony shall be no greater than one-half the number of months of the   …Continue Reading Alimony Reform Law signed

New Massachusetts Court Reform Law Posted on Aug 31

A court reform bill was signed into law by Governor Patrick earlier this month (Chapter 93 of the Acts of 2011). The legislation provides for the hiring of a court administrator to act as the administrative head of the Trial Court. The court administrator will   …Continue Reading New Massachusetts Court Reform Law

Police lose appeal in cell phone video civil case Posted on Aug 29

When Simon Glik videoed an arrest on Boston Common, the police arrested him for violating the wiretapping statute, among others. Those charges were later dropped, and deemed baseless. Glik then filed a civil suit claiming violation of civil rights. The intelocutory appeal by the police   …Continue Reading Police lose appeal in cell phone video civil case

Is Discovery Rule Applicable When Leak Later Leads to Toxic Mold? Posted on Aug 15

The Appeals Court issued an opinion today in Doherty v. Admiral’s Flagship Condominium Trust, which takes on the issue of whether the discovery rule applies when a leak occurs outside the statute of limitations period causing mold infiltration sometime later. The court said it does: “The   …Continue Reading Is Discovery Rule Applicable When Leak Later Leads to Toxic Mold?

Right to Classification Hearing Not Waived by Failure to Appear Posted on Aug 8

In Doe v. Sex Offender Registry Board, the Supreme Judicial Court decided Friday that the Sex Offender Registry Board exceeding its authority in enacting 803 CMR 1.13(2). The regulation reads: “(2) Failure of the sex offender to appear at the scheduled hearing without good cause   …Continue Reading Right to Classification Hearing Not Waived by Failure to Appear

Level 3 Sex Offender Not Automatically Barred from Rest Home Posted on Aug 8

In Doe v. Boston Police Commissioner, decided Friday, the Supreme Judicial Court held that a level three sex offender was entitled to a hearing before  MGL c.6, s.178K (2)(e) (barring level three offenders from rest homes) could be applied against him. “Even assuming that some level three sex offenders in   …Continue Reading Level 3 Sex Offender Not Automatically Barred from Rest Home

Must employers keep workers cool? Posted on Jul 22

While there are guidelines for workplace temperatures in Massachusetts, there are few requirements, such as the requirement that workplaces be heated from Oct 15 to May 15. [See Mass GL c 149, s 13.] Proper heat ranges vary but here is what they look like   …Continue Reading Must employers keep workers cool?

Can the second and third cars in line proceed through a stop sign? Posted on May 23

This is one of the most common questions we get. People who learned to drive in Massachusetts some years ago were taught that it was OK, and don’t quite believe that the law (MGL c.89, s.9) says otherwise. Happily, the Boston Globe printed a column   …Continue Reading Can the second and third cars in line proceed through a stop sign?