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18 Mar 2013, 5:18 pm by David McDowell
” A violation of the Credit Card law constitutes an unfair and deceptive trade practice, as defined in G.L. c. 93A, § 2. [read post]
16 Mar 2013, 3:33 pm
G.L. c. 140, section 131L(a), which criminalizes the improper storage of a firearm that is not within the immediate control of the owner. [read post]
10 Mar 2013, 5:55 am by Michael DelSignore
The defendant was not arrested at the police station, but was later charged with distribution of cocaine in a school zone in violaton of G.L c.94C sections 32A and 32J. [read post]
4 Mar 2013, 2:14 am by Michael DelSignore
To be convicted of reckless endangerment under G.L. c. section 13L, it has to involve a child under 18, have a substantial risk of bodily injury and the defendant wantonly or recklessly engaged in conduct that created this substantial risk, or failed to take reasonable steps to alleviate the risk when there is a duty to act. [read post]
6 Feb 2013, 3:50 pm
The Massachusetts Recreational Use Statute, G.L. c. 21, § 17C, provides, in part, that "any person having an interest in land . . . who lawfully permits the public to use such land for recreational . . . purposes without imposing a charge of fee therefor . . . shall not be liable for personal injuries . . . sustained by such members of the public . . . while on said land in the absence of wilful, wanton, or reckless conduct by such person." [read post]
6 Feb 2013, 3:50 pm
The Massachusetts Recreational Use Statute, G.L. c. 21, § 17C, provides, in part, that "any person having an interest in land . . . who lawfully permits the public to use such land for recreational . . . purposes without imposing a charge of fee therefor . . . shall not be liable for personal injuries . . . sustained by such members of the public . . . while on said land in the absence of wilful, wanton, or reckless conduct by such person." [read post]
28 Nov 2012, 5:33 pm by Mary Beth Gettins
I don’t know about you, but if I were G.L., I would want the good doctor to ask before he printed: “I couldn’t wear my lower denture at all. [read post]
30 Oct 2012, 12:51 pm by Meg
The Reporter's Notes to Rule 55 provide clarification and say in part:"The Hermanson case dealt with the conflict between G.L. c. 231, § 13B, which limits a plaintiff’s ability to demand a specific monetary amount in a complaint, and Rule 54(c), which provides that a default judgment may not exceed the amount requested in the demand for judgment. [read post]
14 Oct 2012, 1:37 pm by Meg
There is no statutory authority for the Attorney General to act on these previously approved by-laws after the 90-day time period of G.L. c. 40, § 32 has elapsed. [read post]
24 Aug 2012, 1:32 pm by Sheldon Toplitt
., LLC (Case No. 11062), ruled that police affidavits supporting search warrants must be produced under the Commonwealth's Public Records Law (G.L. c. 66, sec. 10).Siding with the Quincy Patriot Ledger, which sought a State Police affidavit involving alleged sexual misconduct by a prominent real estate developer allegedly involving a minor, the SJC rejected arguments by the developer's counsel that his client's right to a fair trial would be compromised and by authorities,… [read post]
26 Jul 2012, 2:07 pm by Eugene Volokh
See G.L. c. 207, § 4 (under Massachusetts law marriage is not valid if “either party … has a former wife or husband living”). [read post]
13 Jul 2012, 10:00 am by Gordon Orloff
Whether the statutory power of sale form codified at G.L. c. 183 App., Form (12), originally drafted in 1912, is on its face insufficient. [read post]
3 Jul 2012, 9:10 am
Under Massachusetts Law G.L. c. 119, 72A, a defendant is entitled to a hearing after he is arrested as an adult for crimes that allegedly occurred when he was a minor. [read post]