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23 Jan 2009, 6:21 am
  If it is determined that the officer did not completely stop before proceeding, he violated a Massachusetts statute, G.L. c.89, §7B, entitled Operation of emergency vehicles, which states in part: ....that the driver of a vehicle of a police or recognized protective department or the driver of an ambulance, in an emergency and while in performance of a public duty or while transporting a sick or injured person to a hospital or other destination where professional… [read post]
1 Jan 2014, 2:52 am by Michael DelSignore
College or university police officers are appointed as special State officers under a Massachusetts statute (G.L. c. 22C, § 63) that grants them the same authority to make arrests as regular police officers for any criminal offense within their particular jurisdiction. [read post]
22 Nov 2009, 6:32 pm by Matt Cameron
G.L. c. 140, § 121 (emphasis added) This definition necessarily requires that each and every weapon at issue in a gun possession case must be tested by a certified ballistics technician to determine whether the thing is actually operable, just as the chemical makeup of suspected illegal substances must be scientifically confirmed in a drug lab. [read post]
9 Oct 2016, 10:25 am by Daniel Cappetta
 [At their arraignments,] [p]ursuant to G.L. c.276, §38, probable cause hearings were scheduled for [both] defendant[s,] [in order] to determine whether there was sufficient evidence to bind them over to the Superior Court for trial. [read post]
15 Dec 2016, 6:05 am by Daniel Cappetta
At trial, the Commonwealth filed a motion in limine, seeking to admit both the Cataldo and Whidden records under G.L. c.233, §§79 and 79G. [read post]
12 Apr 2010, 8:34 am by Joseph Sano
The statute, G.L. c. 186, § 15, is broadly worded and precludes and declares “void” and “against public policy:” Any provision of a lease … whereby a …tenant enters into a covenant, agreement or contract, by the use of any words whatsoever, the effect of which is to indemnify the …landlord …from any or all liability …for any injury, loss, damage or liability arising from any omission, fault, negligence or other misconduct of… [read post]
26 Jan 2017, 10:51 am by Ian Patterson
In resolving the case, the ASBCA turned to the longstanding contracting doctrine first developed in G.L Christian & Associates v. [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]
15 Dec 2016, 6:05 am by Daniel Cappetta
At trial, the Commonwealth filed a motion in limine, seeking to admit both the Cataldo and Whidden records under G.L. c.233, §§79 and 79G. [read post]
16 Mar 2017, 8:37 am by Pulgini & Norton, LLP
 This is in accordance with Massachusetts’ worker’s compensation law, specifically, G.L. c. 152 § 1(7A), which holds that personal injuries include mental disability when they have been predominantly caused by a work-related event. [read post]
22 Nov 2008, 12:43 am
The Court analyzed G.L. c. 152, citing the general rule that an employee must be compensated if the employee receives a personal injury arising out of and in the course of his employment. [read post]
10 Dec 2015, 8:25 am by Pulgini & Norton, LLP
Burns International Security, in which it found that the insurer is responsible for paying 100% of the employee’s reasonable, necessary, and causally related medical benefits, and it specifically pointed out MassHealth’s potential lien against the employee’s workers’ compensation case pursuant to G.L. c. 152, § 46A. [read post]
15 Sep 2016, 9:32 am by Pulgini & Norton, LLP
 However, the “special provision” available to certain Massachusetts employees is in fact an exception to the general rules set forth in G.L. c. 152. [read post]
16 Jul 2020, 10:56 am by Daniel Cappetta
In its decision affirming the denial of the defendant’s motion to correct the mittimus, the Appeals Court noted that pursuant to G.L. c.279, §33A, “a defendant is entitled to credit for time spent awaiting trial on an offense. [read post]