Department of Revenue Child Support Enforcement v. Grullon: What Process Is...
by Andrea Peraner-Sweet and Kelly A. Schwartz Case Focus In Department of Revenue Child Support Enforcement v. Grullon, 485 Mass. 129 (2020), the Massachusetts Supreme Judicial Court (“SJC”) (Cypher,...
View ArticleThree Years or You’re Out: SJC Limits MassHealth Estate Recovery Claims
by Meredith A. Fine Case Focus In In the Matter of the Estate of Kendall, 486 Mass. 522 (2020) (“Kendall”), the Supreme Judicial Court (“’SJC”) held that MassHealth has three years from a beneficiary’s...
View ArticleWarrant-Based Searches Do Not Override Statutory Consent Requirement for OUI...
by Emma Quinn-Judge Case Focus A licensed driver who uses the public roadways in Massachusetts has agreed—implicitly—to submit to blood alcohol testing (BAC) or a breathalyzer test if arrested for...
View ArticleTown of Sudbury v. Massachusetts Bay Transportation Authority
by Jessica G. Kelly Case Focus The long-standing “prior public use doctrine”—a common law doctrine which arose in the 1800s—states that “public lands devoted to one public use cannot be diverted to...
View ArticleWho Can Bring A Zoning Appeal? SJC Reaffirms the Test for Standing in...
by Adam Sherwin Case Focus The Supreme Judicial Court issued its decision in Murchison v. Sherborn Zoning Board of Appeals, 485 Mass. 209 (2020), last year, concerning the test of standing for a G.L....
View ArticleEnforceability of Online Contracts under Massachusetts Law: Kauders v. Uber...
by Kevin J. Conroy Case Focus Earlier this year, in Kauders v. Uber Technologies, Inc., 486 Mass. 557 (2021), the Supreme Judicial Court provided further clarity on an issue likely to impact every...
View ArticleConfronting an Accuser via Zoom: The SJC Considers the Constitutionality of...
by Brett D. Lovins Case Focus In Vazquez Diaz v. Commonwealth, 487 Mass. 336 (2021), the Supreme Judicial Court confronted the novel question of whether, during the COVID-19 pandemic, a virtual...
View ArticleSJC “Likes” Aspects of Facebook’s Work Product Argument
by Bret Cohen, Jillian Hart, and Matthew Brown Case Focus The Supreme Judicial Court (“SJC”) recently issued its anticipated decision in Attorney General v. Facebook, Inc., 487 Mass. 109 (2021),...
View ArticleThe Supreme Judicial Court Clarifies For Whom The Order Tolled
by Emily C. Shanahan Case Focus On September 3, 2021, the Supreme Judicial Court (“SJC”) issued its decision in Shaw’s Supermarkets, Inc. v. Melendez, 488 Mass. 338 (2021) (“Melendez”). In...
View ArticleHornibrook v. Richard: Massachusetts Conservators Granted Quasi-Judicial...
by Owen Vanderkolk Law Student Feature – Case Focus Over the summer of 2021, while headlines related to the overreach and misconduct of Britney Spears’s conservatorship captivated the public,...
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