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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Apr
29
2024
Massachusetts Supreme Judicial Court Rejects Compensation Plan Allocating Commissions to Overtime and Premium Pay Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Mar
8
2016
Massachusetts Supreme Judicial Court Rejects "Selective Tender Rule" As Exception to Doctrine of Equitable Contribution Among Co-Insurers Mintz
Sep
23
2015
Massachusetts Supreme Judicial Court Reinforces the Standard for Detailed and Complete Expert Disclosures and Clarifies the “Learned Treatise” Exception to the Hearsay Rule Wilson Elser Moskowitz Edelman & Dicker LLP
May
2
2019
Massachusetts Supreme Judicial Court Provides Guidance for Class Actions Wilson Elser Moskowitz Edelman & Dicker LLP
Feb
20
2019
Massachusetts Supreme Judicial Court OK’s Attorneys’ Fees for Wage Act Settlements Proskauer Rose LLP
Mar
11
2016
Massachusetts Supreme Judicial Court Lightens Plaintiffs’ Summary Judgment Burden in Employment Discrimination Cases Mintz
Sep
8
2016
Massachusetts Supreme Judicial Court Lends Helping Hand to Inadvertent Lender Omissions in Execution of Mortgage Acknowledgements Murtha Cullina
Jul
19
2017
Massachusetts Supreme Judicial Court Issues Groundbreaking Decision Allowing Medical Marijuana User to Assert State Law Handicap Discrimination Claim Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Apr
28
2022
Massachusetts Supreme Judicial Court Holds That Wages Due Solely Under the Federal Overtime Statute (FLSA) Are Not Trebled Under the Massachusetts Wage Act Mintz
Apr
18
2022
Massachusetts Supreme Judicial Court Holds That FLSA Preempts Wage Act Remedies for Federal Overtime Violations Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Oct
25
2011
Massachusetts Supreme Judicial Court Holds That Bad Foreclosure = Bad Title For Bona Fide Purchaser Sheppard, Mullin, Richter & Hampton LLP
Apr
17
2018
Massachusetts Supreme Judicial Court Holds Passive Debt Buyers Are Not Debt Collectors Under Massachusetts Law K&L Gates
Aug
4
2017
Massachusetts Supreme Judicial Court Holds Insurers’ Duty to Defend Does Not Extend to Counterclaims Mintz
Feb
7
2019
Massachusetts Supreme Judicial Court Holds Denial of Lateral Transfer May Constitute Adverse Employment Action Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
May
11
2019
Massachusetts Supreme Judicial Court Finds That Commissioned Salespeople Must Be Paid Overtime Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Mar
30
2018
Massachusetts Supreme Judicial Court Clarifies Statute of Limitations for Contaminated Property Damage Claims but Raises Questions of Application Beveridge & Diamond PC
Aug
7
2013
Massachusetts Supreme Judicial Court Bows to U.S. Supreme Court on Class Action Waivers in Arbitration Agreements Mintz
May
25
2021
Massachusetts Supreme Judicial Court Approves Sales Tax Apportionment for Software McDermott Will & Emery
Aug
31
2021
Massachusetts Supreme Judicial Court Allows Enforcement to Require Removal of Unauthorized Wetlands Fill for Three Years After Each New Property Transfer Greenberg Traurig, LLP
Oct
16
2013
Massachusetts Supreme Judicial Court Affirms Validity of Late-Recorded Variance Beveridge & Diamond PC
Sep
18
2015
Massachusetts Supreme Judicial Court Affirms Award 0f $2,250,000 plus Interest Against Insurer for Breach of Duty to Defend and Settle — on $50,000 Policy Mintz
Apr
1
2014
Massachusetts Supreme Judicial Court (SJC) Rules on Fiduciary Duties Owed to and By Shareholder-Employee in Closely Held Corporation Mintz
Aug
25
2014
Massachusetts Supreme Judicial Court (SJC) Issues Decision Concerning Recovery of Lost Profits Damages in Commercial Litigation Mintz
Oct
14
2014
Massachusetts Supreme Judicial Court (SJC) Decision Permits Solicitation of Nominating Signatures at Supermarket Entrance Sherin and Lodgen LLP
Jun
4
2015
Massachusetts Supreme Court: Real Estate Brokers Not Covered by 2004 Independent Contractor Law Based On Continued Applicability of Real Estate Statute Jackson Lewis P.C.
Sep
19
2016
Massachusetts Supreme Court Reinforces Employer Obligations on Sexual Harassment Morgan, Lewis & Bockius LLP
Dec
24
2015
Massachusetts Supreme Court Issues Highly Anticipated Patent Ethics Decision Morgan, Lewis & Bockius LLP
Oct
9
2013
Massachusetts Supreme Court Clarifies Annual Shareholder Meeting Requirement Vedder Price
Feb
16
2017
Massachusetts Superior Court Holds Meal Breaks Are Compensable Unless Employees Are Relieved of All Work-Related Duties Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Mar
4
2024
Massachusetts Superior Court Finds Incentive Payment Under Profit-Sharing Scheme Is Not a Commission Under Wage Act Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Jun
21
2014
Massachusetts Sues Fannie and Freddie for Blocking Home Buybacks Bilzin Sumberg
Aug
1
2017
Massachusetts Strengthens Protections for Pregnant Workers Jackson Lewis P.C.
Mar
19
2021
Massachusetts Stepping Up COVID-19 Reopening, Replaces Travel Order With Advisory Jackson Lewis P.C.
Mar
24
2020
Massachusetts Statewide Essential Services and Revised Gathering Order: What Employers Need to Know Sheppard, Mullin, Richter & Hampton LLP
Feb
11
2019
Massachusetts State Senators Seek to Enact Biometric Data Protection Law K&L Gates
 

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