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6 Oct 2017, 6:00 am by Heidi A. Nadel
Sachdev (SJC-1222)issued its first interpretation of the Massachusetts G.L. c. 156D, section 14.30, the Massachusetts corporate dissolution statute, and held that a 50% shareholder who had demonstrated “true deadlock” could proceed with a petition for involuntary dissolution.READ MORE [read post]
6 Oct 2017, 6:00 am by Heidi A. Nadel
Sachdev (SJC-1222)issued its first interpretation of the Massachusetts G.L. c. 156D, section 14.30, the Massachusetts corporate dissolution statute, and held that a 50% shareholder who had demonstrated “true deadlock” could proceed with a petition for involuntary dissolution.READ MORE [read post]
6 Sep 2017, 2:42 pm by Stephen Neyman, P.C.
Massachusetts Case Law on The Crime of Threats Words alone, including words that express a threat do not satisfy the elements of G.L. c. 275 Section 2. [read post]
30 Aug 2017, 6:56 am by Daniel Cappetta
Widener, the Appeals Court vacated the sentence imposed on the defendant pursuant to the armed career criminal act (ACCA), G.L. c.269, §10G(c), and remanded the case for resentencing. [read post]
15 Aug 2017, 6:55 am by Daniel Cappetta
On the defendant’s motion, the judge reported the following question …: ‘Whether a defendant with two prior convictions for [OUI], pursuant to G.L. c.90, [§24(1)(a)(1)], who is arrested and charged with [OUI], [t]hird [o]ffense, may be held without the right to bail pursuant to G.L. c.276, [§58A(1)]. [read post]
1 Aug 2017, 6:54 am by Daniel Cappetta
Pursuant to G.L. c.279, §27, the effect of such a sentence is that ‘the sentence then being served in the jail or house of correction is terminated and the prisoner is “discharged at the expiration of his [State prison] sentence. [read post]
18 Jul 2017, 1:59 pm by Stephen Neyman, P.C.
Sex For a Fee Massachusetts In Massachusetts, soliciting a prostitute or the act of prostitution is a crime under G.L. c. 272 Section 53A. [read post]
18 Jul 2017, 1:59 pm by Stephen Neyman, P.C.
Sex For a Fee Massachusetts In Massachusetts, soliciting a prostitute or the act of prostitution is a crime under G.L. c. 272 Section 53A. [read post]
18 Jul 2017, 12:52 pm by Adam M. Hamel
  The SJC held that the woman’s claims for disability discrimination under the Massachusetts antidiscrimination statute, G.L. ch. 151B, could go forward. [read post]
18 Jul 2017, 12:52 pm by Adam M. Hamel
  The SJC held that the woman’s claims for disability discrimination under the Massachusetts antidiscrimination statute, G.L. ch. 151B, could go forward. [read post]
18 Jul 2017, 6:54 am by Daniel Cappetta
The Court stated, “Although we acknowledge and appreciate the important and special role of the drug court in achieving important public policy interests, we are constrained to follow the clear dictates of G.L. c.211D and S.J.C. [read post]
16 Jul 2017, 6:53 am by Daniel Cappetta
In its decision, the Appeals Court ruled (1) that the evidence was sufficient to establish that the pills seized from the defendant at the time of his arrest were a class E substance (gabapentin); and (2) that the evidence was insufficient to establish “that the school furnishing the basis for [the defendant’s] school zone violation was an ‘accredited private preschool’ within the meaning of [G.L. c.94C,] §32J. [read post]
11 Jul 2017, 6:52 am by Daniel Cappetta
In the decision, the SJC specifically ruled that that in order to procure enhanced sentencing of a defendant under the habitual offender statute (G.L. c.279, §25[a]), the Commonwealth must prove that the requisite prior convictions with qualifying sentences arose “from separate incidents or episodes of criminal behavior. [read post]
1 Jul 2017, 6:52 am by Daniel Cappetta
§2703(d)” (part of the Stored Communications Act), in response to an administrative subpoena issued pursuant to G.L. c.271, §17B, the Commonwealth procured the defendants’ cellular telephone records. [read post]
23 Jun 2017, 7:27 am by Law Offices of Jeffrey S. Glassman
The court found that this was a violation of G.L. c. 138, Section 69 (discussed above), as the bar owners knew or should have known they were serving intoxicated persons. [read post]
19 Jun 2017, 6:20 am by Law Offices of Jeffrey S. Glassman
As we discussed in that resource page, Massachusetts G.L. c. 231 Section 60B, establishes the requirement for a tribunal for malpractice cases against healthcare providers. [read post]
19 Jun 2017, 6:20 am by Law Offices of Jeffrey S. Glassman
As we discussed in that resource page, Massachusetts G.L. c. 231 Section 60B, establishes the requirement for a tribunal for malpractice cases against healthcare providers. [read post]
3 Jun 2017, 6:29 am by Law Offices of Jeffrey S. Glassman
Pursuant to G.L. c. 90 Section 24 of the Massachusetts General Laws (MGL), a person can be charged with OUI for driving under the influence of marijuana, narcotics, depressants, stimulant substances, or the vapors of glue. [read post]
26 May 2017, 1:19 pm by Naomi Shatz
Klemm, 446 Mass. 572, 578 (2006) the Court noted: “General Laws c. 214, § 1C, thus extends to employees and students protection that is not otherwise available under G.L. c. 151B and c. 151C; it does not duplicate the relief provided by those statutes. [read post]