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11 Jun 2018, 9:31 pm by Karsner & Meehan, P.C.
The owner and manager of an apartment building attempted to extend the umbrella of immunity under the Tort Claims Act, G.L. c. 258 Sec. 2 to avoid liability for a serious injury Massachusetts slip and fall accident. [read post]
11 Jun 2018, 9:31 pm by Karsner & Meehan, P.C.
The owner and manager of an apartment building attempted to extend the umbrella of immunity under the Tort Claims Act, G.L. c. 258 Sec. 2 to avoid liability for a serious injury Massachusetts slip and fall accident. [read post]
30 May 2018, 1:16 pm by Daniel Cappetta
 The single justice was of the view that reinstating the direct appeal — such that the issues would be considered in the first instance by [the SJC] pursuant to G.L. [read post]
30 May 2018, 1:16 pm by Daniel Cappetta
 The single justice was of the view that reinstating the direct appeal — such that the issues would be considered in the first instance by [the SJC] pursuant to G.L. [read post]
27 May 2018, 1:15 pm by Daniel Cappetta
As to the juvenile’s contention that the purported vagueness of G.L. c.265, §23, had led to arbitrary enforcement of the statute against him rather than the similarly situated victim, the SJC stated, “We discern no hint of arbitrary enforcement here, because the prosecutor reasonably could have concluded that the juvenile was not a victim of a sexual assault. [read post]
27 May 2018, 1:15 pm by Daniel Cappetta
As to the juvenile’s contention that the purported vagueness of G.L. c.265, §23, had led to arbitrary enforcement of the statute against him rather than the similarly situated victim, the SJC stated, “We discern no hint of arbitrary enforcement here, because the prosecutor reasonably could have concluded that the juvenile was not a victim of a sexual assault. [read post]
18 May 2018, 1:15 pm by Daniel Cappetta
In its decision, the Appeals Court stated, “While the defendant’s general conduct toward Jane may well have crossed acceptable norms of appropriate behavior, we cannot say that the touchings themselves, even in context, were indecent for purposes of a criminal conviction for indecent assault and battery under G.L. c.265, §13B. [read post]
18 May 2018, 1:15 pm by Daniel Cappetta
In its decision, the Appeals Court stated, “While the defendant’s general conduct toward Jane may well have crossed acceptable norms of appropriate behavior, we cannot say that the touchings themselves, even in context, were indecent for purposes of a criminal conviction for indecent assault and battery under G.L. c.265, §13B. [read post]
18 May 2018, 7:13 am by Joy Waltemath
On November 10, 2015, the employee received a letter from HR notifying him that his right to seek reinstatement was terminated pursuant to G.L. 1956 § 28-33-47(c)(1)(vi) of the Workers’ Compensation Act. [read post]
12 May 2018, 1:14 pm by Daniel Cappetta
“After the defendant petitioned for relief from the single justice pursuant to G.L. c.211, §3, and the Commonwealth joined the petition, the single justice reserved and reported the petition to the full [SJC]. [read post]
12 May 2018, 1:14 pm by Daniel Cappetta
“After the defendant petitioned for relief from the single justice pursuant to G.L. c.211, §3, and the Commonwealth joined the petition, the single justice reserved and reported the petition to the full [SJC]. [read post]
6 Mar 2018, 12:09 pm by Daniel Cappetta
” “[T]he vice-principal of the … school filed an application under G.L. c.218, §35A, for a delinquency complaint, alleging that the juvenile [had] committed an assault and battery … against [the] instructor…. [read post]
21 Feb 2018, 11:58 am by Daniel Cappetta
 In response, the juvenile filed an emergency petition … pursuant to G.L. c.211, §3. [read post]
18 Feb 2018, 6:37 pm by APransky
She found out that Fraudulent Inducement is no longer recognized in Massachusetts.In 1938 Massachusetts enacted laws that abolished three old causes of action relating to marriage: Breach of contract to marry (G.L.c. 207, § 47A), Alienation of affection, and criminal conversation(G.L. [read post]
14 Feb 2018, 11:56 am by Daniel Cappetta
” On appeal, the defendant “challenge[d] the portion of [G.L. c.258B, §3(p)] that permits victims to provide an impact statement ‘as to a recommended sentence. [read post]
6 Feb 2018, 11:54 am by Daniel Cappetta
” The relevant statute, G.L. c.119, §72(a), second par., “now provides the Commonwealth a pathway for securing youthful offender indictments against individuals between their eighteenth and nineteenth birthdays (for offenses allegedly committed prior to their turning eighteen). [read post]
30 Jan 2018, 11:53 am by Daniel Cappetta
The basic facts were as follows: in the course of an investigation of “trafficking of persons for sexual servitude, G.L. c.265, §50,” the police dialed a telephone number at a hotel, which was listed in “an illicit online advertisement. [read post]