Noteworthy Documents and Cases
Effective March 1, 2007
Protecting the Public: Reforming the Disciplinary Process
Vaccine Act Entitlement; Causation-in-fact; MMR/Autism Causation Issue; MMR/Gastrointestinal Dysfunction Causation Issue; Thimerosal; Immune Damage Causation Issue.
Pursuant to 28 U.S.C. § 2071 and Fed. R. App. P. 47, the Court of Appeals hereby provides notice of the adoption of amendments to Local Rules 12(a), 30, 35 and the adoption of new Local Rules 32.4, 38, and 40 as reflected in the attached rules.
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.
From the Office of the Clerk, united States Court of Appeals for the First Circuit
Note: These Rules supersede and replace all prior Land Court Rules in their entirety.
Guidelines from The Official Website of the Executive Office of Public Safety and Security (EOPSS)
Notice Regarding 40B Cost Certification Materials for Home Ownership Projects
Formal Opinion 11-459
Duty to Protect the Confidentiality of E-mail Communications with One’s Client
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...
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.
Judge Rules that State Must Reimburse City for Overtime on Suffolk County Holidays.
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.
Complaints Number 2006-9 and 2006-30
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...
The report is a result of a three year effort involving community members, health care advocates, policy experts and legislators.
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 . . . .
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.
The Massachusetts Medical Society has issued a report that finds that local doctors order excessive tests and treatments to protect themselves from malpractice claims.
Conference Report on H.R. 1, H. Rep. 111-16, American Recovery and Reinvestment Act of 2009
Final Report on the Joint Project of Trial Lawyers Task Force on Discovery and the Institute for the Advancement of the American Legal System.
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.
Prepared for The Executive Office of Public Safety, Commonwealth of Massachusetts, July 24, 2007
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."
Boston Bar Association Task Force
Three destination resort casinos to spur economic development and create tens of thousands of new jobs
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."
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.
Attorney at Law, Disciplinary proceeding, Attorney-client relationship, Disbarment. Board of Bar Overseers. Rules of Professional Conduct. Due Process of Law, Attorney disciplinary proceeding.
Attorney at Law, Disciplinary proceeding, Attorney-client relationship, Disbarment. Board of Bar Overseers. Rules of Professional Conduct.
Statement of Chief Justice Margaret H. Marshall and Chief Justice for Administration & Management Robert A. Mulligan and the Order of the Supreme Judicial Court.
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.
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.
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?
Governor. Public Employment, Removal. Commonwealth, Officers and employees. Office of the Chief Medical Examiner. Contract, Employment. Words, "For cause."
New Jersey Same-Sex marriage syllabus
Prepared by the Supreme Judicial Court Advisory Committee on Massachusetts Evidence Law - August 2007
Memorandum and Order on Motion to Dismiss
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.
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
Massachusetts False Claims Act. Unjust Enrichment.
From the Boston Public Health Commission
School and School Committee, Termination of employment, Arbitration. Public Employment, Termination. Arbitration, School committee, Authority of arbitrator, Award, Judicial review. Public Policy.
Effective date - October 1, 2007
Nursing Mother Case.
Commonwealth of Massachusetts Appeals Court (07-J-434)
Practice, Civil, Action in nature of certiorari. Public Employment, Forfeiture of pension. Statute, Construction. Juvenile Court, Clerk-magistrate.
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. . .
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. . .
The Link between Gun Laws and Interstate Gun Trafficking
-A Report From Mayors Against Illegal Guns, December 2008
The Supreme Judicial Court has approved changes to Trial Court Rule III, Uniform Small Claims Rules, effective October 1, 2009.
SJC decision on mortgage foreclosures.
Settlement Agreement between Merk & Co., Inc. and The Counsel Listed on the Signature Pages 11/9/2007
Eminent Domain, Validity of taking. Limitations, Statute of. Notice. Constitutional Law, Eminent domain, Taking of property. Bona Fide Purchaser. Real Property, Bona fide purchaser.
United States Government Accountability Office, Report to Congressional Requesters
(pursuant to section 2 of chapter 253 of the Acts of 2004 and amended by section 17 of Chapter 6 of the Acts of 2005) relative to the recommendations of the provision of Counsel to Indigent Persons Commission.
Energy Facilities Siting Board. Administrative Law, Decision, Evidence, Hearing. Due Process of Law, Adjudicatory proceeding, Notice. Public Utilities, Electrical transmission line. Electricity.
Tobacco. Warranty. Uniform Commercial Code, Warranty. Estoppel. Words, "Unreasonable use."
Marriage. General Court. Mandamus. Practice, Civil, Action in nature of mandamus. Declaratory Relief. Constitutional Law, Amendment of the Constitution, Initiative petition, General Court, Governor. Initiative. Governor.
Commissioner of Insurance. Insurance, Motor vehicle insurance, Assigned risk.
certiorari to the united states court of appeals for the district of columbia circuit
Chapter 122 of the Acts of 2005
Employment, Discrimination, Termination. Anti-Discrimination Law, Employment, Handicap, Termination of employment. Practice, Civil, Summary judgment. Federal Rehabilitation Act. Massachusetts Commission Against Discrimination. Words, "Qualified handicapped person."
Memorandum and Order Re: Bench Trial
Practice, Civil, Summary judgment. Alcoholic Liquors, Sale to underage adult. Negligence, Alcoholic liquors, Duty to prevent harm, Sale of liquor, Standard of care.
License. Due Process of Law, Marriage. Uniform Marriage Evasion Act. Statute, Construction. Due Process of Law, Marriage. Constitutional Law, Equal protection of laws, Privileges and immunities. Injunction. Practice, Civil, Appeal, Preliminary injunction, Standing. Comity.
In the United States District Court For the Middle District of Pennsylvania.
Commonwealth, Education, Financial matters. Education, Role of courts. Constitutional Law, Education.
The Massachusetts statute prohibiting tattooing, except by qualified physicians, is found to violate the First Amendment to the Constitution of the United States and article 16 of the Massachusetts Declaration of Rights.
Hillary GOODRIDGE & others vs. DEPARTMENT OF PUBLIC HEALTH & another.
(SJC-09163 Feb.3, 2004)