Massachusetts

The Commonwealth of Massachusetts is well-known for lobster, the New England Patriots and the Boston Red Sox. The state falls in the First Federal Circuit Court System. More than 80% of the New England residents live in the greater-Boston metro, making it the most populous and a highly influential city in the state’s history, industry, and academia. Both Harvard and the Massachusetts Institute of Technology (MIT) are in the Boston area and are ranked as two of the top universities nationally and worldwide.

The government of Massachusetts is laid out in the Constitution of the Commonwealth.  The state government, like the federal government, consists of three branches: executive, legislative and judicial. The executive branch is controlled by the governor and consists of over 150 state agencies. The governor also has a cabinet consisting of ten secretaries.  The legislative branch consists of the General Court, broken into two branches the Massachusetts Senate, which has 40 members, and the Massachusetts House of Representatives with has 160 members, and all members in both houses are up for election every two years.  Although a few remain, most county governments were dissolved in the 1990s and 2000s.

The judiciary of Massachusetts consists of the court of last resort, the Superior Court which is the court of last resort.  The Massachusetts District Court, also known as the District Court Department of the Trial Court hears a wide range of criminal, civil, housing, juvenile, mental health, and other types of cases.  The Land Court has limited subject-matter jurisdiction related to real property. Massachusetts also has a Housing Court, Probate and Family Court, Juvenile Court and Boston’s Municipal Court.

Massachusetts is also known for its liberal legislation. On May 17, 2004 it became the first US state to legalize Same-sex marriage, after a state court determined that exclusion of same-sex couples right to a civil marriage was unconstitutional. On November 8, 2016, the state also legalized marijuana under the Marijuana Legalization Initiative.  Massachusetts has progressive laws related to employment and has passed an Equal Pay Ordinance and the Pregnant Workers Fairness Act, and legal analysis of both pieces of legislation are available on the National Law Review.

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Mar
2
2023
Mass. AG Clamps Down on Local Solar and Battery Storage Moratoria Pierce Atwood LLP
Feb
7
2020
Mass. Appeals Court Broadly Construes Two-Year Bar on Repetitive Zoning Amendments Pierce Atwood LLP
Jul
21
2020
Mass. Appeals Court Clarifies How Zoning Cases Can – and Can’t – Be Settled Pierce Atwood LLP
Dec
5
2017
Mass. Appeals Court Clarifies Requirements For Extending Common-Scheme Real Estate Restrictions Beyond 30 Years Pierce Atwood LLP
Nov
9
2019
Mass. Appeals Court Highlights Workaround for Identifying a Public Way Pierce Atwood LLP
Mar
5
2021
Mass. Appeals Court Imports Chapter 40A Presumption of Standing into Boston Zoning Enabling Act Pierce Atwood LLP
Sep
12
2019
Mass. Appeals Court Upholds Somerville’s Union Square Revitalization Plan Pierce Atwood LLP
Feb
18
2021
Mass. Court Grants Rent Relief to Restaurant Tenant Shut Down by COVID-19 Orders Sherin and Lodgen LLP
Dec
21
2022
Mass. High Court Clarifies Scope of New Zoning Act Bond Provision Pierce Atwood LLP
Sep
30
2020
Mass. High Court Declines to Expand Prior Public Use Doctrine Pierce Atwood LLP
Jun
28
2019
Mass. High Court Says Not All Divisions of Land Require Planning Board Approval, Dismisses Prospect of “Wild Deeds” Pierce Atwood LLP
Sep
21
2021
Mass. High Court: Three-Year Clock for Wetlands Protection Act Enforcement Actions Re-Starts With Every Sale of Property Pierce Atwood LLP
Feb
14
2019
Mass. House and Senate Leadership Announcements for 2019-2020 Mintz
Aug
26
2019
Mass. Legislature Weighs Changes to Zoning Act; Quick Decision on Plaintiff’s Standing is Proposed Pierce Atwood LLP
Mar
12
2024
Mass. SJC Adopts “Totality of the Circumstances” Test to Determine Whether Municipal Land is Held for a Specific Purpose Pierce Atwood LLP
Sep
23
2019
Mass. SJC Reaffirms that Zoning Exemption for Educational Uses is Expansive; Residential Psychiatric Program for Adolescents Easily Qualifies Pierce Atwood LLP
Jan
19
2023
Mass. SJC: $3.5 Million Payday for Torrent of Errant Golf Balls Not a Fore-Gone Conclusion Pierce Atwood LLP
Apr
26
2016
Massachusets District Court Holds Private Equity Funds Jointly Liable for Portfolio Company's ERISA Withdrawal Liability Bracewell LLP
Jan
21
2014
Massachusetts (MA) Appeals Court Narrows but Otherwise Keeps Intact Individual Liability Under the Wage Act Mintz
Jan
29
2016
Massachusetts - Drug Costs, Risk Adjustment Drive Q2 Health Insurance Rate Increases Mintz
Mar
1
2018
Massachusetts Achieves Milestone with over 2,000 Megawatts of Installed Solar Capacity Mintz
Apr
21
2018
Massachusetts Adjusts Limits on Employer Inquiries into Job Applicants’ Criminal History Jackson Lewis P.C.
May
21
2020
Massachusetts Adopts Four-Phase Approach to Reopening Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jan
26
2015
Massachusetts Adopts Intrastate Crowdfunding Rules, Effective Immediately Mintz
Nov
12
2014
Massachusetts Adopts Legislative Reforms re: Labor and Employment Morgan, Lewis & Bockius LLP
Dec
22
2021
Massachusetts Adopts Mask Advisory in Response to Surging COVID-19 Cases Jackson Lewis P.C.
Nov
5
2017
Massachusetts Adopts Minority Rule in Determining Priority Among Policies Wiggin and Dana LLP
Aug
14
2018
Massachusetts Adopts New Noncompete Restrictions Ballard Spahr LLP
Jul
1
2020
Massachusetts Adopts Permanent Telehealth Policy for the First Time Mintz
Jul
12
2012
Massachusetts Adopts Revisions to Health Care Practitioner “Gift Ban” Law Morgan, Lewis & Bockius LLP
Oct
11
2023
Massachusetts Adopts Single-Sales-Factor Apportionment; Manufacturing Classification Becomes Less Controversial McDermott Will & Emery
Sep
30
2020
Massachusetts Adopts Summing Approach in Final Drinking Water Standards for PFAS Barnes & Thornburg LLP
Sep
6
2018
Massachusetts Adopts Uniform Trade Secrets Act Mintz
Mar
4
2014
Massachusetts Affordable Housing Law Trumps Municipal Master Plan Beveridge & Diamond PC
Nov
24
2014
Massachusetts AG Advises on Domestic Violence Leave Act Proskauer Rose LLP
 

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