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
12
2020
Massachusetts AG Issues Emergency Regulation to Protect Consumers from Unfair Debt Collection Practices During COVID-19 State of Emergency—UPDATE Greenberg Traurig, LLP
Apr
17
2024
Massachusetts AG Says Consumer Protection, Civil Rights, and Data Privacy Laws Apply to Artificial Intelligence Sheppard, Mullin, Richter & Hampton LLP
Mar
2
2023
Massachusetts AG Settles Enforcement Action Against Auto Lender Sheppard, Mullin, Richter & Hampton LLP
Jun
10
2015
Massachusetts AGO Provides Safe Harbor on New Sick Leave Law Epstein Becker & Green, P.C.
Mar
5
2018
Massachusetts AG’s Office Issues Guidance on Equal Pay Law Set to Take Effect in July Jackson Lewis P.C.
Jul
22
2012
Massachusetts Amends Anti-Kickback Law Morgan, Lewis & Bockius LLP
Aug
19
2016
Massachusetts Amends Blue Laws to Allow for Operations of Warehouses on Sundays and Holidays Jackson Lewis P.C.
Jan
28
2021
Massachusetts Amends Holiday Premium Pay Law and Tips Act as Part of Economic Stimulus Package Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jul
16
2012
Massachusetts Amends Its Drug and Device Marketing Law Faegre Drinker
Jun
25
2021
Massachusetts and California Bills Target PFAS in Cookware Keller and Heckman LLP
Jul
23
2018
Massachusetts and New Jersey Pay Equity Laws: [Podcast] Proskauer Rose LLP
Aug
2
2017
Massachusetts and Rhode Island Courts Agree – and Disagree – on the Rights of Medical Marijuana Patients in the Employment Context Sherin and Lodgen LLP
May
19
2020
Massachusetts Announces Four Phase Plan to Reopen Proskauer Rose LLP
May
12
2020
Massachusetts Announces Four-Phase Plan for Reopening Jackson Lewis P.C.
May
14
2020
Massachusetts Announces Four-Phase Reopening Approach and Mandatory Workplace Safety Standards Greenberg Traurig, LLP
Apr
28
2021
Massachusetts Announces Reopenings and Relaxed Face Covering Rule; Boston Delays Some by Three Weeks Jackson Lewis P.C.
Apr
9
2015
Massachusetts Announces Significant Changes to the Medical Marijuana Dispensary Program Mintz
Oct
26
2016
Massachusetts Anti-Discrimination Agency Issues Guidance on Gender Identity Discrimination Mintz
Jul
7
2015
Massachusetts Appeals Court Adopts Two-Prong Continuity and Profit Motive Test to Determine Whether Business Pursuits Exclusion Applies Under Homeowners’ Policy Wilson Elser Moskowitz Edelman & Dicker LLP
Jan
28
2021
Massachusetts Appeals Court Clarifies Issues Regarding Overtime Compensation Defenses Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Sep
22
2022
Massachusetts Appeals Court Clarifies the A’s and C’s of Independent Contractor Status Epstein Becker & Green, P.C.
May
21
2022
Massachusetts Appeals Court Excuses City’s Notice-by-Mail Fail Pierce Atwood LLP
Feb
16
2010
Massachusetts Appeals Court holds that exception to pollution exclusion allows coverage for common law liability, even when such liablity overlaps 21E liability Nina E. Kallen Attorney at Law
Jul
31
2022
Massachusetts Appeals Court Holds That Home Inspection Company’s Inspectors Were Independent Contractors Under ‘ABC’ Test Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Dec
28
2017
Massachusetts Appeals Court Holds that Restrictive Covenants Created as Part of a Common Scheme May Be Extended Beyond Thirty Years Only if Explicitly Allowed in the Original Instrument Mintz
Jun
30
2016
Massachusetts Appeals Court Imposes Higher Hurdle For Master Plan to Defeat 40B Project Beveridge & Diamond PC
Jul
9
2013
Massachusetts Appeals Court Reaffirms Local Control Over Nonconforming Uses Beveridge & Diamond PC
Feb
1
2021
Massachusetts Appeals Court Reinforces Narrow Interpretation of Public Policy Exception to At-Will Employment Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
7
2014
Massachusetts Appeals Court Rejects Buyer’s Attempt to Enforce Seller’s Conditional Acceptance Sherin and Lodgen LLP
May
10
2022
Massachusetts Appeals Court Rejects Whistleblower’s Constructive Discharge Claim Epstein Becker & Green, P.C.
Oct
25
2015
Massachusetts Appeals Court Ruling: Contractor Justified Not Paying Subcontractor That Refused To Perform Work Murtha Cullina
Aug
4
2015
Massachusetts Appeals Court Set to Consider Scope of Employer Liability for Employee Data Breaches Mintz
Jun
29
2017
Massachusetts Appeals Court Upholds Applicability of Wetlands Protection Act to Commercial Fishing Techniques Using Hydraulic Dredging Methods Beveridge & Diamond PC
Jan
25
2021
Massachusetts Appeals Court Weighs In On Public Policy Exception To General At-Will Employee Termination Clause Proskauer Rose LLP
Nov
1
2016
Massachusetts Appeals Court: What Happens in Mediation Stays in Mediation Murtha Cullina
 

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