Argument: April 6, 2010

Keywords: Constitutional Law - Criminal Procedure - Professional Responsibility

Question Presented: Whether a witness to a crime can be compensated for their testimony by a third party, contingent on obtaining an indictment or conviction.

Facts: The defendant was convicted of second-degree murder after two witnesses implicated him in a nighttime shooting in New Bedford. The witnesses were compensated by the New Bedford Chamber of Commerce …

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Argument: May 4, 2010

Keywords: Arbitration - Employment - Labor Unions - Public Employees

Question Presented: Whether an “evergreen clause” extending a collective bargaining agreement (CBA) for public employees beyond three years is enforceable.

Facts: A CBA in force from 2001 to 2004 required the Boston Housing Authority (BHA) to maintain a staff of 16 firemen, despite the fact that, by the year 2000, the …

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Amicus due February 16, 2010 - Argument: March 2, 2010

Keywords: Criminal Procedure - Evidence - GPS - Hearsay - Probation

Question Presented: Whether printed documents from a GPS monitoring center are admissible in a probation revocation hearing.

Facts: The defendant received both jail time and a probationary sentence after a number of assaults against his wife. His probation specified that he wear a GPS tracking device and remain …

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Amicus due February 16, 2010 - Argument: March 2, 2010

Keywords: Constitutional Law - Criminal Procedure - Evidence - First Complaint

Question Presented: Whether a report by a Sexual Assault Nurse Examiner (SANE) is admissible in a rape trial, either as a medical record or a prior consistent statement.

Facts: A jury convicted the defendant of crimes included aggravated rape after the victim testified that he attacked her, digitally raped her, picked up her purse, and then ran away when …

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Amicus due February 16, 2010 - Argument: April 6, 2010

Keywords: Administrative Law - Employment - Legal Malpractice - Loss of Chance - Maternity Leave

Question Presented: Whether employers are required to comply with the Mass. Maternity Leave Act (MMLA) for leaves of over eight weeks, if they do not tell employees otherwise.

Facts: Global NAPS (Global) told an employee that she could take eight weeks of maternity leave, or ten weeks if she gave birth by C-section. The employee gave birth by C-section …

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Amicus due February 16, 2010 - Argument: May 2010

Keywords: Administrative Law - Education - Public Employees - Retirement - Social Security

Question Presented: Whether Social Security qualifies as a “retirement allowance, annuity or pension,” disqualifying certain private school teachers from participation in the state pension system.

Facts: The plaintiffs are teachers who for part of their careers were employed by private schools that solely served special education students funded by the state. The issue is whether the …

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Amicus due February 16, 2010 - Argument: March 1, 2010

Keywords: Employment - Negligence - Respondeat Superior - Summary Judgment - Torts

Question Presented: Whether an employer can be liable for a drunk driving accident caused by an employee on the way home from a business meeting.

Facts: The defendant, Beverly Enterprises, employed John Ahern as a cook. Taking the facts in the light most favorable to the plaintiff, Ahern’s supervisor asked him to come to a …

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Amicus due February 16, 2010 - Argument: April 6, 2010

Keywords: Administrative Law - Civil Procedure - Constitutional Law - First Amendment - Personal Jurisdiction - Securities

Question Presented: Whether the Secretary of the Commonwealth has the power to impose a fine on out-of-state persons who market unregistered securities to a Massachusetts resident.

Facts: Bulldog, an out-of-state company, maintained a website offering information on its hedge funds, which were unregistered securities.  An unregistered security is essentially one for which detailed disclosure statements have not …

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Amicus due February 16, 2010 - Argument: March 1, 2010

Keywords: Administrative Law - Environmental Law - Wetlands

Facts: Two local Citizen Groups challenge a wetlands permit allowing New England Wind, LLC to install twenty wind turbines and a four mile access road on the Hoosac Mountain Range in …

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Argument: May 3, 2010

Keywords: CJAM - Employment - Mandamus - Probation - Summary Judgment

Question Presented: Whether the Chief Justice for Administration and Management (CJAM) acted within his authority in rejecting the appointment of a probation officer.

Facts: Plaintiff Stephen Anzalone was certified for appointment as a probation officer by the Commissioner of Probation. Six months later, the CJAM rejected Anzalone’s appointment without explanation. Anzalone filed claims …

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