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10 Feb 2020, 7:33 am by Naomi Shatz
 Meanwhile, if the SJC were to agree with the Commonwealth on both points, it would grant the Commonwealth the power to make an end run around the requirements of G.L. c. 90, § 24(1)(e), and simply obtain a warrant, with no opportunity for the subject to be heard, any time the police wanted to obtain blood draw evidence. [read post]
17 Jan 2020, 6:35 am by Jeremy Meisinger
  G.L. c. 93A, § 4 permits the imposition of a $5,000 civil penalty for each violation. [read post]
26 Nov 2019, 8:53 am by Zalkind Duncan & Bernstein LLP
 76 would amend G.L. c. 272, § 107(b) and would make it a crime to knowingly distribute visual material where:  The material depicts an identifiable person who is nude, partially nude, or engaged in sexual conduct;   The distribution would cause a reasonable person to suffer harm;  The defendant distributes the material with an intent to harm, harass, intimidate, threaten or coerce the victim or distributes the… [read post]
6 Nov 2019, 7:58 am by Zoraida Fernandez
The Commonwealth charged the defendant with possession of heroin with intent to distribute (second offense), G.L. c. 94C, § 32(b), and with committing that crime within 100 feet of a public park, G.L. c. 94C, § 32J. [read post]
13 Aug 2019, 12:03 pm by David Duncan
  It did so by narrowing the definition of “delinquent child” found in G.L. c. 119 § 52, which effectively divests jurisdiction from the Juvenile Court for such “first offenders” because the Court has no jurisdiction except of “delinquent children. [read post]
18 Jul 2019, 12:02 pm by Karsner & Meehan, P.C.
The defendant filed a motion to dismiss, arguing that it was insulated from liability by G.L. c 21, § 17C, which is known as the recreational use statute. [read post]
25 Apr 2019, 5:35 am by Law Offices of Jeffrey S. Glassman
G.L c. 231, § 60H puts a cap of $500,000 on medical malpractice awards when it comes to pain and suffering, loss of companionship and other general damages. [read post]
  Relying on similar language in the Massachusetts Consumer Protection Statute, G.L. c. 93A, which had already been held not to require proof under Rule 23, plaintiffs in wage-hour cases have argued that motions for class certification should be reviewed similarly to Chapter 93A actions. [read post]
12 Apr 2019, 12:05 pm by Andrew P. Botti
The Supreme Judicial Court has just recently made it abundantly clear that for liability to hold under the Massachusetts Wage Act, G.L. c. 149, §148, “[t]he work must have been actually performed and wage payments must be presently due to trigger the precise requirements and severe penalties” available under the Act. [read post]
10 Apr 2019, 7:33 am by Emma Quinn-Judge
  Consistent with G.L. c. 265, § 47, a statute that requires judges to impose GPS monitoring as a condition of probation for individuals convicted of most sex offenses, Mr. [read post]
9 Apr 2019, 3:00 am by Michael DelSignore
Judicial Clerk-Magistrates have their authority under statute G.L. c. 218, § 35A, case law, and standards set by the Massachusetts Judiciary. [read post]
5 Feb 2019, 3:06 pm
On January 29, 2019, the Massachusetts Supreme Judicial Court held that failing to grant a lateral transfer for discriminatory reasons may constitute an “adverse employment action” that violates Massachusetts law, G.L. c. [read post]
28 Jan 2019, 10:17 am by Brian E. Barreira
See generally … G.L. c. 6A, § 16 (designating the Agency as the state Medicaid entity charged with developing policies and programs to implement shared federal-state program); G.L. c. 118E, §§ 1, 2, 7(g), 7(h). [read post]