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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May
22
2012
No Expectation of Privacy in Emails Sent Over Employer's Email Account, Massachusetts Court Decides Mintz
Jun
10
2012
No Harm, No Foul? First Circuit Departs from Trend Narrowing Chapter 93A Injury Requirement, Reverses Dismissal of Claim Arising from Failed Price-Fixing Conspiracy Mintz
Sep
29
2022
No Love for the Dirty Water: EPA Proposing Expanded Stormwater Permitting in Boston Robinson & Cole LLP
Aug
8
2016
No New Non-Compete Law for Massachusetts in 2016 Epstein Becker & Green, P.C.
Oct
3
2019
No Right, Just Rules: Court Lacks Jurisdiction Over Steakhouse Managers’ Claims Barnes & Thornburg LLP
Jan
19
2017
No Stay Pending IPR in Brewing Patent Dispute Proskauer Rose LLP
Jan
13
2022
No Way Home: Recent Medicaid Fraud Settlements with Home Healthcare Companies Tycko & Zavareei LLP
Jul
5
2018
Non-Compete Laws Affecting Health Care Professionals in Various U.S. Jurisdictions Epstein Becker & Green, P.C.
Mar
19
2016
Non-Compete Legislation is Back on the Agenda in Massachusetts Sherin and Lodgen LLP
Feb
21
2021
Non-Competition Agreements: The Material Change Doctrine is Alive and Well Sherin and Lodgen LLP
Sep
15
2014
Nonconformities Reconsidered: Massachusetts Court Reinterprets Zoning Act to Require Variances for New Nonconformities to Grandfathered Homes Beveridge & Diamond PC
Mar
30
2018
Nonprofit Universities Eligibility for Brownfields Tax Credits, Massachusetts Appeals Court Confirms Beveridge & Diamond PC
Mar
21
2016
Nonprofits Seeking to Use Brownfields Tax Credits Beware: Directive Gutted by Massachusetts Superior Court Remains Online Without Notice Beveridge & Diamond PC
Apr
26
2020
Northeast State Solar Programs in Light of COVID-19 Sherin and Lodgen LLP
Jan
9
2020
Not So Fast! A Class Action Is Not an Appropriate Vehicle to Avoid Your Speeding Ticket Carlton Fields
Aug
19
2020
Not Your Grandfather’s Nonconforming Structure: Mass. Appeals Court Clarifies Deadrick Decision, Discusses Difference Between Increasing an Existing Nonconformity and Creating a New One Pierce Atwood LLP
Sep
9
2020
Note to “Additional Insureds” Relying on Builders’ Risk Insurance: Federal Court Decision Evaluates Extent of Coverage Robinson & Cole LLP
Sep
13
2021
Novel Massachusetts Decision Finds Waiver of Right to Compel Arbitration Based on Pre-Litigation Actions Epstein Becker & Green, P.C.
Jul
16
2018
November 2018 Ballot Question Seeks to Impose Registered Nurse-to-Patient Ratio Limits on Massachusetts Health Care Facilities Jackson Lewis P.C.
Oct
19
2018
Nurse Staffing Ratios May Be Coming to a Hospital Near You Foley & Lardner LLP
May
13
2021
Obtaining the Benefits of a Performance Bond: Tread Carefully Robinson & Cole LLP
Oct
24
2016
Off to Court We Go: Petitioners Challenge EPA’s Small MS4 General Permit for Massachusetts Beveridge & Diamond PC
Apr
5
2021
Offer Letter vs. Employment Agreement, Does it Matter? Sherin and Lodgen LLP
Oct
25
2021
Offshore Wind Development May Get a Boost from Massachusetts Mintz
May
23
2023
Offshore Wind Litigation: Court Denies Challenge to Major Offshore Wind Project Bracewell LLP
Nov
24
2019
Offshore Wind Turbine Blade Set to Be Tested in Boston Mintz
Dec
19
2014
On the Ninth Day of Privacy, My True Love Gave to Me…Concerns About Location Data Mintz
Dec
18
2015
One Particular (Safe) Harbor: Safe Harbor for Massachusetts Earned Sick Time Law Ends on December 31, 2015. Mintz
Feb
21
2021
One Year and Counting: Employee Rights in a Post-COVID Workplace Sherin and Lodgen LLP
Jul
20
2020
One-Two Punch: Businesses Must Fight the Virus and Possible Liability Claims CMBG3 Law
Apr
13
2020
Ongoing Impacts of the Coronavirus Pandemic on Construction Projects in Major Markets Robinson & Cole LLP
Aug
31
2017
Online Vacation Rental Marketplace Sends Claims Packing with Carefully Drafted Terms Proskauer Rose LLP
Sep
26
2013
Opening the Floodgates for the Water Industry McDermott Will & Emery
Feb
21
2021
Our “Top Five to Ten” List of Important Recent and Upcoming Cases Sherin and Lodgen LLP
Mar
11
2019
Our “Top Five to Ten” List of Important Recent Cases Sherin and Lodgen LLP
 

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