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13 Jan 2017, 8:06 pm
The Massachusetts Supreme Judicial Court heard oral argument in the case of Commonwealth v. [read post]
13 Jan 2017, 12:10 pm
In its brief seeking Supreme Court review, NAM told the justices that this dispute over jurisdiction has “divided the circuits, wasted judicial and party resources, and delayed the resolution of important rule challenges. [read post]
12 Jan 2017, 7:01 am
Disclosure: Vinson & Elkins, whose lawyers purportedly contribute to this post, is counsel to several parties challenging the rule in the 6th Circuit proceedings (which are nominally respondents in the Supreme Court). [read post]
11 Jan 2017, 2:45 pm
Related Blog Posts Massachusetts Supreme Judicial Court Revisits Timeliness of Complaint in Medical Malpractice Case – Parr v. [read post]
11 Jan 2017, 9:41 am
Related Blog Posts Massachusetts Supreme Judicial Court Revisits Timeliness of Complaint in Medical Malpractice Case – Parr v. [read post]
11 Jan 2017, 7:19 am
Massachusetts 16-240 Issue: Whether a defendant asserting ineffective assistance that results in a structural error must, in addition to demonstrating deficient performance, show that he was prejudiced by counsel’s ineffectiveness, as held by four circuits and five state courts of last resort; or whether prejudice is presumed in such cases, as held by four other circuits and two state high courts. [read post]
11 Jan 2017, 6:24 am
The Massachusetts Supreme Judicial Court reversed a drug distribution conviction because "negative profiling" evidence was admitted At trial in this case, the Commonwealth attempted to prove that since the defendant did not match the physical characteristics of a drug addict,... [read post]
10 Jan 2017, 2:42 pm
Morton, 405 U.S.727, 738 (1972); accord Massachusetts, 549 U.S. at 516–17(discussing the need for injury in fact to pursue appealfrom a final agency action); Lujan, 504 U.S. at 578 (same).Footnote 7 is also of interest:To the extent Phigenix alleges that Spokeo overruledthe Supreme Court’s prior decisions on standing,that argument ignores governing law. [read post]
10 Jan 2017, 8:33 am
In Massachusetts, where our Supreme Judicial Court (SJC) has kept true Adams’ intent, we still have many of these protections. [read post]
9 Jan 2017, 10:50 am
Pursuant to Massachusetts General Law Chapter 231A the supreme judicial court, the superior court, the land court and the probate courts, within their respective jurisdictions, may on appropriate proceedings make binding declarations of right, duty, status and other legal relations sought thereby, either before or after a breach or violation thereof has occurred in any case in which an actual controversy has arisen. [read post]
9 Jan 2017, 10:50 am
Pursuant to Massachusetts General Law Chapter 231A the supreme judicial court, the superior court, the land court and the probate courts, within their respective jurisdictions, may on appropriate proceedings make binding declarations of right, duty, status and other legal relations sought thereby, either before or after a breach or violation thereof has occurred in any case in which an actual controversy has arisen. [read post]
9 Jan 2017, 6:46 am
Unfortunately, the Supreme Judicial Court recently issued a decision that foreclosed the ability of judges in the Commonwealth to depart from the mandatory minimum terms specified by statute for certain drug offenses. [read post]
9 Jan 2017, 6:46 am
Unfortunately, the Supreme Judicial Court recently issued a decision that foreclosed the ability of judges in the Commonwealth to depart from the mandatory minimum terms specified by statute for certain drug offenses. [read post]
5 Jan 2017, 11:37 am
2016 was another big year in anti-SLAPP litigation – with the Appeals Court issuing a slew of Rule 1:28 decisions, the Supreme Judicial Court granting Direct or Further Appellate Review to consider issues ranging from the proper procedure for appealing the allowance of an anti-SLAPP motion to whether theDuracraft Corp. v. [read post]
5 Jan 2017, 11:37 am
2016 was another big year in anti-SLAPP litigation – with the Appeals Court issuing a slew of Rule 1:28 decisions, the Supreme Judicial Court granting Direct or Further Appellate Review to consider issues ranging from the proper procedure for appealing the allowance of an anti-SLAPP motion to whether the Duracraft Corp. v. [read post]
5 Jan 2017, 11:37 am
2016 was another big year in anti-SLAPP litigation – with the Appeals Court issuing a slew of Rule 1:28 decisions, the Supreme Judicial Court granting Direct or Further Appellate Review to consider issues ranging from the proper procedure for appealing the allowance of an anti-SLAPP motion to whether the Duracraft Corp. v. [read post]
4 Jan 2017, 12:20 pm
If we can take any guidance from the Supreme Court’s latest wage-hour decision (Augustus v. [read post]
4 Jan 2017, 7:11 am
The same year, the Supreme Judicial Court issued a ruling – consistent with a recent U.S. [read post]
4 Jan 2017, 7:11 am
The same year, the Supreme Judicial Court issued a ruling – consistent with a recent U.S. [read post]
3 Jan 2017, 7:04 am
Her defense attorney argued that Carter’s conduct did not cause the young man to kill himself, but the Supreme Judicial Court in MA did not agree. [read post]
