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Thursday, June 20, 2013
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Noteworthy Documents - Archived

Medical Marijuana Law - Final regulations
The Department of Public Health has issued final regulations to implement the medical marijuana law. The regulations go into effect on May 24, 2013.
Medical Marijuana Proposed Regulations (Posted 4/5/2013)
CJE Opinion No. 2013-1 (Posted 3/27/2013)
The Supreme Judicial Court’s Committee on Judicial Ethics has issued an opinion on the propriety of judges accepting free legal representation in matters before the Commission on Judicial Conduct.
AG Issues Decisions on Medical Marijuana Bylaws (Posted on 3/14/13)
IN RE JAMES J. BULGER, Petitioner. PETITION FOR A WRIT OF MANDAMUS TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Richard G. Stearns, U.S. District Judge] (posted 3/14/13)
City of Revere vs. Commonwealth of MA (Posted 11/8/12)
Judge Rules that State Must Reimburse City for Overtime on Suffolk County Holidays.
HENRIETTA EATON vs. FEDERAL NATIONAL MORTGAGE ASSOCIATION & another.(1) (6/22/12)
Mortgage, Foreclosure, Assignment, Real estate. Real Property, Mortgage, Record title, Sale. Negotiable Instruments, Assignment, Note. Notice, Foreclosure of mortgage. Practice, Civil, Preliminary injunction, Summary process. Summary Process. Statute, Retroactive application. Words, "Mortgagee."
Final Report of the Task Force on Hiring in the Judicial Branch (Posted 1/6/2012)
The Supreme Judicial Court has reviewed and endorsed the recommendations in the Final Report of the Task Force on Hiring in the Judicial Branch, the sixth report in a series to offer “recommendations designed to ensure a fair system with transparent procedures in which the qualifications of an applicant are the sole criterion in hiring and promotion.” The Justices presented this charge to the 10-member Task Force, chaired by Scott Harshbarger, former Attorney General of the Commonwealth, when the Task Force was formed on November 18, 2010.
AMERICAN BAR ASSOCIATION - STANDING COMMITTEE ON ETHICS AND PROFESSIONAL RESPONSIBILITY (posted 9/13/11)
Formal Opinion 11-459

Duty to Protect the Confidentiality of E-mail Communications with One’s Client
Supreme Judicial Court Task Force Issues Action Plan for Hiring and Promotion of Trial Court Administrative Employees (9/12/2011)
The Supreme Judicial Court has reviewed the recommendations presented in the “Action Plan for Hiring and Promotion of Trial Court Administrative Employees” recently delivered to the Court by the SJC’s Task Force for Hiring in the Judicial Branch, led by former Attorney General Scott Harshbarger. This is the fourth report in a series of comprehensive Task Force reviews of hiring and promotion practices in the Judicial Branch. . .
S. 365 (enr) - Budget Control Act of 2011 (posted 8/4/2011)
SUPREME JUDICIAL COURT TASK FORCE ON HIRING IN THE JUDICIAL BRANCH - ACTION PLAN FOR HIRING AND PROMOTION OF COURT OFFICERS AND ASSOCIATE COURT OFFICERS
See Related May 6, 2011 Press Release
STATEMENT AND DIRECTIVES OF THE JUSTICES OF THE SUPREME JUDICIAL COURT REGARDING THE HIRING AND PROMOTION PRACTICES OF THE MASSACHUSETTS PROBATION DEPARTMENT - 2/24/11
In the wake of the disclosures in the Report of Independent Counsel Paul F. Ware, the Justices of the Supreme Judicial Court appointed a Task Force to Review Hiring and Promotion Practices in the Judicial Branch (Task Force) under the leadership of Scott Harshbarger to "make recommendations designed to ensure a fair system with transparent procedures in which the qualifications of an applicant are the sole criterion in hiring and promotion" in the Probation Department and throughout the Judicial Branch. . .
U.S. BANK NATIONAL ASSOCIATION, trustee(1) vs. ANTONIO IBANEZ (1/7/11)
SJC decision on mortgage foreclosures.
WARE REPORT AND STATEMENT OF THE JUSTICES RELEASED
Statement of the Justices of the Supreme Judicial Court Relative to the Report of the Independent Counsel (pdf)


Report of the Independent Counsel (pdf)
IN THE MATTER OF THE PROBATION DEPARTMENT (Posted 5/25/10)
Statement of Chief Justice Margaret H. Marshall and Chief Justice for Administration & Management Robert A. Mulligan and the Order of the Supreme Judicial Court.
SCHOOL COMMITTEE OF LOWELL vs. PHANNA KEM ROBISHAW (May 4, 2010)
School and School Committee, Termination of employment, Arbitration. Public Employment, Termination. Arbitration, School committee, Authority of arbitrator, Award, Judicial review. Public Policy.
Commonwealth of Massachusetts v. State Street Bank and Trust Co. (Posted 2/8/2010)
See Press Release
The Commonwealth of Massachusetts, by and through its Attorney General Martha Coakley, brings this enforcement action in the public interest pursuant to the Massachusetts Consumer Protection Act, G.L.c.93A and the Massachusetts False Claims Act, G.L.c.12$5c . . . .
Investigation of Health Care Cost, Trends and Cost Drivers, Pursuant to G.L. c. 118G, § 6˝(b) (Posted 2/2/10)
The Office of the Attorney General (AGO) releases this preliminary report based on its
ongoing investigation of health care cost trends and cost drivers pursuant to the authority granted to the Attorney General by Section 24 of Chapter 305 of the Acts of 2008, An Act to Promote Cost Containment, Transparency and Efficiency in the Delivery of Quality Health Care.
Massachusetts Ocean Management Plan (Posted 1/5/2010)
Governor Deval Patrick signed the Oceans Act on May 28, 2008 - requiring the Secretary of Energy and Environmental Affairs (EEA) Ian Bowles to develop a comprehensive ocean management plan, with a draft plan by June 30, 2009, and a final plan promulgated by December 31, 2009.
Trial Court Rule III, Uniform Small Claims Rules, changes effective October 1, 2009.
The Supreme Judicial Court has approved changes to Trial Court Rule III, Uniform Small Claims Rules, effective October 1, 2009.
FTC Suspends ‘Red Flags Rule’ Requiring Law Firms to Create ID Theft Policies
Citing uncertainty among small businesses about their compliance obligations, the Federal Trade Commission has suspended until Nov. 1 implementation of its controversial "Red Flags Rule."
Interim Guidelines for the Protection of Personal Identifying Data in Publicly Accessible Court Documents
The Justices of the Supreme Judicial Court recently approved Interim Guidelines designed to protect against identity theft by having court filers omit or delete certain personal identifying information, such as social security numbers, in criminal and civil court documents. The Guidelines for the Protection of Personal Identifying Data (PID) in Publicly Accessible Court Documents are non-binding and take effect on September 1, 2009.
Final Report
Final Report on the Joint Project of Trial Lawyers Task Force on Discovery and the Institute for the Advancement of the American Legal System.
Economic Stimulus Package - The American Recovery and Reinvestment Act of 2009
Conference Report on H.R. 1, H. Rep. 111-16, American Recovery and Reinvestment Act of 2009
Theresa Cedillo and Michael Cedillo v. Secretary of Health and Human Resources
Vaccine Act Entitlement; Causation-in-fact; MMR/Autism Causation Issue; MMR/Gastrointestinal Dysfunction Causation Issue; Thimerosal; Immune Damage Causation Issue.
2008 Statewide Ballot Initiative Question 2: "An Act Establishing a Sensible State Marihuana Policy"
Guidelines from The Official Website of the Executive Office of Public Safety and Security (EOPSS)
The Movement of Illegal Guns in America
The Link between Gun Laws and Interstate Gun Trafficking
-A Report From Mayors Against Illegal Guns, December 2008
Governor's Anti-Crime Council Issues Report on Urban Violence
Doctors Say Legal System Drives Up Medical Costs
The Massachusetts Medical Society has issued a report that finds that local doctors order excessive tests and treatments to protect themselves from malpractice claims.
Crystal Salvas & Another (1) vs. Wal-Mart Stores, Inc.
Labor, Wages. Evidence, Expert opinion, Business record. Practice, Civil, Class action, Statute of limitations. Rules of Civil Procedure. Contract, Performance and breach, Damages. Limitations, Statute of.
Gideon's New Trumpet: Expanding the Civil Right to Counsel in Massachusetts
Boston Bar Association Task Force
MARK FLOMENBAUM vs. COMMONWEALTH & others.
Governor. Public Employment, Removal. Commonwealth, Officers and employees. Office of the Chief Medical Examiner. Contract, Employment. Words, "For cause."
In Re Marriage Cases
In Lockyer v. City and County of San Francisco (2004) 33 Cal.4th 1055
(Lockyer), this court concluded that public officials of the City and County of San
Francisco acted unlawfully by issuing marriage licenses to same-sex couples in the
absence of a judicial determination that the California statutes limiting marriage to
a union between a man and a woman are unconstitutional.
BLUEPRINT FOR A MODERNIZED FINANCIAL REGULATORY STRUCTURE
The mission of the Department of the Treasury (“Treasury”) focuses on promoting economic growth and stability in the United States. Critical to this mission is a sound and competitive financial services industry grounded in robust consumer protection and stable and innovative markets.
Commission on Judicial Conduct report "In the Matter of Justice Ernest Murphy
For the reasons described below, the Commission recommends that Judge Ernest B. Murphy be publicly censured, suspended without pay for 30 days, pay a $25,000 fine, and pay the costs incurred by the Commission in connection with this matter...
IN THE MATTER OF GARY C. CROSSEN
Attorney at Law, Disciplinary proceeding, Attorney-client relationship, Disbarment. Board of Bar Overseers. Rules of Professional Conduct. Due Process of Law, Attorney disciplinary proceeding.
IN THE MATTER OF KEVIN P. CURRY
Attorney at Law, Disciplinary proceeding, Attorney-client relationship, Disbarment. Board of Bar Overseers. Rules of Professional Conduct.
BIG DIG MANAGEMENT CONSULTANT AND DESIGNERS TO PAY $450 MILLION
The joint venture of Bechtel/Parsons Brinckerhoff, Bechtel Infrastructure Corp., and PB Americas, Inc., f/k/a Parsons Brinckerhoff Quade and Douglas, Inc. ("Bechtel/Parsons Brinckerhoff”), the management consultant to the Central Artery/Tunnel Project (“the Big Dig”) has agreed to pay over $407 million to resolve its criminal and civil liabilities...
Governor’s proposed legislation and Executive Order on Criminal Offender Record Information Reform
Click here to see proposed legislation.
Mitchell Report on Steroid Use in Baseball
Report to the commissioner of baseball of an independent investigation into the illegal use of steroids and other performance enhancing substances by players in major league baseball
FISA Court refuses to release records
Margaret R. Chambers v. Cassandra B. Ormiston - Rhode Island Supreme Court
May the Family Court properly recognize, for the purposes of entertaining a divorce petition, the marriage of two persons of the same sex who were purportedly married in another state?
Commission on Judicial Conduct - Complaints Against Associate Justice Ernest B. Murphy
Complaints Number 2006-9 and 2006-30
Vioxx Settlement Agreement
Settlement Agreement between Merk & Co., Inc. and The Counsel Listed on the Signature Pages 11/9/2007
State of Minnesota v. Larry Edwin Craig
Sophie C. Currier on behalf of herself and on behalf of Lea M. Gallien-Currier vs. National Board of Medical Examiners
Nursing Mother Case.

Commonwealth of Massachusetts Appeals Court (07-J-434)

Governor Patrick Unveils Plan For Casino Gambling in Massachusetts
Three destination resort casinos to spur economic development and create tens of thousands of new jobs
SJC issues amendment to Superior Court Rule 9C
Effective date - October 1, 2007
40B Cost Certification
Notice Regarding 40B Cost Certification Materials for Home Ownership Projects
PETER SCANNELL vs. ATTORNEY GENERAL & another.(1)
Massachusetts False Claims Act. Unjust Enrichment.
Massachusetts Guide to Evidence - Preliminary Draft for Public Comment
Prepared by the Supreme Judicial Court Advisory Committee on Massachusetts Evidence Law - August 2007
Report of the Small Claims Working Group - August 2007
Commission to End Racial and Ethnic Health Disparities - Final Report
The report is a result of a three year effort involving community members, health care advocates, policy experts and legislators.
Findings and Recommendations - Office of the Chief Medical Examiner
Prepared for The Executive Office of Public Safety, Commonwealth of Massachusetts, July 24, 2007
Peter J. Limone, et al., Plaintiffs v. United States of America, Defendant
Memorandum and Order Re: Bench Trial
WILLIAM J. DEVINE, trustee, vs. TOWN OF NANTUCKET & another.
Eminent Domain, Validity of taking. Limitations, Statute of. Notice. Constitutional Law, Eminent domain, Taking of property. Bona Fide Purchaser. Real Property, Bona fide purchaser.
(1) MICHAEL BAIGENT, (2) RICHARD LEIGH V. THE RANDOM HOUSE GROUP LIMITED
The Claimants are two of the three authors of a book published in 1982, The Holy Blood and the Holy Grail (HBHG). The Defendant is the publisher in the UK of a book written by Dan Brown, the Da Vinci Code (DVC), first published in 2003. The Claimants' contention is that, in writing DVC, Mr Brown infringed their copyright by copying a substantial part of HBHG in the course of writing six chapters of DVC. The case came to trial over 11 days in February and March 2006 before Mr Justice Peter Smith.
State Auditor’s Report on Food Safety
Governor Patrick issues an Executive Order regarding the use of Undocumented Workers on State Contracts.
Link of the Week
ScotusBlog
SCOTUSblog is devoted to comprehensively covering the U.S. Supreme Court—without bias and according to the highest journalistic and legal ethical standards.
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Reference
Updated - Immigration Law Research GuideUpdated - Immigration Law Research Guide
The Supreme Court’s recent ruling in Arizona v. Inter Tribal Council of Arizona makes it illegal under federal law to require proof of citizenship from voters in Arizona. To learn more about immigration law and to access resources available via the Social Law Library click here.

Updated - Massachusetts Family Law Research GuideUpdated - Massachusetts Family Law Research Guide
The Social Law Library reference department has just updated the Research Guide on Massachusetts Family Law.

Check it out here
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