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State and Local Government MA Supreme Judicial Court

K&L Gates LLP

Understanding the Massachusetts Supreme Judicial Court’s Decision in Attorney General v. Town of Milton

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Signed into law in January 2021, the Massachusetts Bay Transportation Authority (MBTA) Communities Act (the Communities Act) requires all 177 cities and towns with access to MBTA public transportation (e.g., commuter rail,...more

Sullivan & Worcester

Massachusetts SJC Clarifies Law on Appellate Interest After Judgment Satisfied in Full Pending Appeal

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On March 11, 2025, the Massachusetts Supreme Judicial Court (the “SJC”) issued a decision concluding that once a losing party satisfies a judgment in full, postjudgment interest stops running even if the losing party then...more

Conn Kavanaugh

The Massachusetts Prompt Payment Act Continues to Have Harsh Consequences for Transgressors, Unwitting or Otherwise

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With the exception of those living under rocks, construction professionals are well aware of the recent spate of litigation about the Massachusetts Prompt Pay Act. In 2022, the Massachusetts Appeals Court interpreted the Act...more

Bowditch & Dewey

EOHLC Files Emergency Regulations to Implement the MBTA Communities Law

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On January 8, 2025, the Massachusetts Supreme Judicial Court (SJC) issued a significant decision in Attorney General v. Town of Milton, SJC-13580, affirming the constitutionality of the Massachusetts Bay Transportation...more

Pierce Atwood LLP

Breaking: Mass. SJC rules MBTA Communities Act is constitutional but its implementing "guidelines” are invalid

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In its eagerly anticipated decision issued this morning in Attorney General v. Town of Milton, the Supreme Judicial Court (SJC) has ruled that the MBTA Communities Act (the Act), which former Governor Charlie Baker signed...more

Jenner & Block

Websites and Wiretap Laws: Emerging Trends in Privacy Class Action Litigation Risks

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As an onslaught of recent class actions allege, companies may be liable for eavesdropping and wiretapping based on the use of common analytics software on their platforms. For instance, in California, plaintiffs have filed...more

Seyfarth Shaw LLP

First Circuit Finds Commission Plan’s Windfall Provision Permissible Under Massachusetts Wage Act

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In Klauber v. VMWare, the First Circuit upheld an employer’s use of a provision in its compensation plan that allowed it to modify commissions on certain large or atypical sales. These “windfall” clauses are common in sales...more

Sullivan & Worcester

Massachusetts Supreme Judicial Court Adopts Position in Sullivan Amicus Filing on Behalf of The Boston Bar Association

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A Plain Statutory Reading Requires Broadening Automatic Sealing of Criminal Records - Boston, MA - As argued in an amicus letter written by Ryan Rosenblatt on behalf of Sullivan's pro bono client, The Boston Bar...more

Foley Hoag LLP

Massachusetts Supreme Judicial Court Rules City of Boston Could Enforce COVID-19 Vaccination Requirements on City Employees

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Although it certainly seems anticlimactic, the Massachusetts Supreme Judicial Court has ruled that the City of Boston could enforce COVID-19 vaccination requirements on city employees. The plaintiffs, the Boston police and...more

Robinson & Cole LLP

Massachusetts SJC Sheds Light on Zoning Protection for Solar Facilities in Tracer Lane II Realty, LLC v. City of Waltham

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On June 2, 2022, the Massachusetts Supreme Judicial Court (SJC) issued its much-anticipated decision in Tracer Lane II Realty, LLC v. City of Waltham, SJC-13195, interpreting for the first time the statutory protection for...more

Verrill

Massachusetts Employee Fired For Submitting PIP Rebuttal Protected By Public Policy

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In a recent decision, Terence Meehan v. Medical Information Technology, Inc., the Massachusetts Supreme Judicial Court ruled that an employer cannot terminate an employee for exercising the right to file a rebuttal to a...more

Perkins Coie

Failure to Pay Wages Due at Discharge Can Incur Triple Damages in Massachusetts

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Late payment of final compensation just became significantly more expensive for employers with workers in Massachusetts. In an opinion on April 4, 2022, Reuter v. City of Methuen, the Massachusetts Supreme Judicial Court held...more

Foley Hoag LLP

Massachusetts Supreme Judicial Court Sets Joint Employer Standard for Wage Act Liability

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On December 13, 2021, the Massachusetts Supreme Judicial Court (SJC) issued a highly-anticipated opinion, recognizing the concept of joint employment under the Massachusetts Wage Act (“Wage Act”) and setting forth the...more

Pillsbury - SeeSalt Blog

Massachusetts High Court Approves of Apportionment of Sales Tax on Software Through General Abatement Process

The Massachusetts Supreme Judicial Court recently held that software vendors have a statutory right to apportion tax on the sale of prewritten computer software purchased for use in multiple states and that they may do so...more

McDermott Will & Emery

Massachusetts Supreme Judicial Court Approves Sales Tax Apportionment for Software

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On May 21, 2021, the Massachusetts Supreme Judicial Court issued a decision affirming the Massachusetts Tax Appeal Board’s decision in favor of Microsoft and Oracle, ruling that the companies may apportion sales tax to other...more

Foley Hoag LLP

Product Liability Update - February 2021

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MASSACHUSETTS - Massachusetts Supreme Judicial Court Holds State Law Claims Against Manufacturer Of FDA-Approved Medical Device “Parallel” Federal Law Requirements And Hence Are Not Preempted Despite Failure To Identify...more

Pierce Atwood LLP

Maine Law Court Restricts Use of Easements for Development Permits

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Recently,  the Maine Supreme Judicial Court (the Law Court) issued a decision that could impact developers’ ability to apply for development permits if the developer proposes to use property over which the developer has only...more

Littler

Massachusetts Supreme Judicial Court Clarifies Class Action Standards for Wage and Hour Cases

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The Massachusetts Supreme Judicial Court (SJC) recently discussed class certification in state court wage and hour cases in Gammella v. P.F. Chang’s China Bistro....more

Conn Kavanaugh

Massachusetts Supreme Judicial Court Ruling on Farming Overtime Pay is a Cautionary Tale for All Employers

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Though confined to the issue of overtime for farm laborers, a recent ruling by the Massachusetts Supreme Judicial Court (“SJC”) serves as a warning to all employers about the pitfalls presented by the disparities between...more

Littler

Massachusetts High Court Finds That Employees Who Are Exempt From Overtime Under Federal Law Are Not Necessarily Exempt Under...

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On March 15, 2019, the Massachusetts Supreme Judicial Court held that the “agricultural” exemption to the Massachusetts Overtime Law, M.G.L. c. 151, § 1A, does not apply to workers who perform post-harvesting activities. ...more

Troutman Pepper Locke

Massachusetts Supreme Court Declares That State Contract Principles, Not Federal Precedent, Govern The Interpretation Of...

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A.L. Prime Energy Consultant, Inc. v. Mass. Bay Transport Auth., 479 Mass. 419 (May 2, 2018) - In a case of first impression, the Massachusetts Supreme Court held that general contract principles, and not federal case law,...more

Pierce Atwood LLP

Mass. SJC Expands Time For Bringing Property Damage Claims Under Chapter 21E

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Lawsuits to recover cleanup costs and property damages resulting from environmental contamination can be expensive and time-consuming. Plaintiffs should be sure their claims are timely before embarking on the litigation path....more

Troutman Pepper Locke

A Win For MA Employers, Sick Pay Does Not Constitute Wages

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Q. I have employees in Massachusetts. Do I need to pay for accrued sick leave upon termination? A. In a recent opinion, the Massachusetts Supreme Judicial Court followed the lead of most other jurisdictions in finding...more

Goulston & Storrs PC

Statute of Limitations for Massachusetts Hazardous Waste Property Damages Claims Clarified (And, Possibly, Extended)

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Recently the Massachusetts Supreme Judicial Court found that the statute of limitations for a property damage claim brought by a private party under Chapter 21E did not begin to run until that private party knew that the...more

Seyfarth Shaw LLP

Massachusetts Highest Court Refuses to Award a Triple Windfall

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Seyfarth Synopsis: A recent decision by the Massachusetts Supreme Judicial Court limits the scope of the Wage Act to exclude sick time payments and potentially other types of contingent compensation. ...more

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