Massachusetts Law Updates

Official Blog of the Massachusetts Trial Court Law Libraries

Monthly Archives: September 2015

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

Guardianship Ends at Death Posted on Sep 10

Under Massachusetts General Laws c.190B, sections 5-210 and 5-310, guardianship of both minors and incapacitated adults ends with the death of the ward. While this seems logical, it means that after the death of the ward, the guardian does not have the authority to plan   …Continue Reading Guardianship Ends at Death

Domestic Workers Bill of Rights Regulations Posted on Sep 9

To protect the rights of domestic workers Massachusetts added the Domestic Workers Bill of Rights.   The enactment of MGL c. 149 s. 190 establishes labor standards relating to pay and other terms or conditions of employment for domestic workers such as nannies, housekeepers, and other in-home   …Continue Reading Domestic Workers Bill of Rights Regulations

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

Admissibility of Acquittal Evidence Posted on Sep 3

In Commonwealth v. Dorazio, decided this week, the SJC addressed the issue of the admissibility of evidence from a past incident which resulted in the acquittal of the defendant. The court said, in part, “As a matter of Federal constitutional law, collateral estoppel does not bar   …Continue Reading Admissibility of Acquittal Evidence

Overhanging Branches Posted on Sep 2

Overhanging Branches

“Massachusetts law recognizes a right of self-help by which a property owner can cut the limbs or branches of a tree that invade his property as long as such cutting is done at the property line. ‘A neighbor has the right to remove so much of the tree   …Continue Reading Overhanging Branches

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