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Sunday, May 20, 2012
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Noteworthy Documents - Archived

Final Report of the Task Force on Hiring in the Judicial Branch (Posted 1/6/2012)
The Supreme Judicial Court has reviewed and endorsed the recommendations in the Final Report of the Task Force on Hiring in the Judicial Branch, the sixth report in a series to offer “recommendations designed to ensure a fair system with transparent procedures in which the qualifications of an applicant are the sole criterion in hiring and promotion.” The Justices presented this charge to the 10-member Task Force, chaired by Scott Harshbarger, former Attorney General of the Commonwealth, when the Task Force was formed on November 18, 2010.
AMERICAN BAR ASSOCIATION - STANDING COMMITTEE ON ETHICS AND PROFESSIONAL RESPONSIBILITY (posted 9/13/11)
Formal Opinion 11-459

Duty to Protect the Confidentiality of E-mail Communications with One’s Client
Supreme Judicial Court Task Force Issues Action Plan for Hiring and Promotion of Trial Court Administrative Employees (9/12/2011)
The Supreme Judicial Court has reviewed the recommendations presented in the “Action Plan for Hiring and Promotion of Trial Court Administrative Employees” recently delivered to the Court by the SJC’s Task Force for Hiring in the Judicial Branch, led by former Attorney General Scott Harshbarger. This is the fourth report in a series of comprehensive Task Force reviews of hiring and promotion practices in the Judicial Branch. . .
S. 365 (enr) - Budget Control Act of 2011 (posted 8/4/2011)
SUPREME JUDICIAL COURT TASK FORCE ON HIRING IN THE JUDICIAL BRANCH - ACTION PLAN FOR HIRING AND PROMOTION OF COURT OFFICERS AND ASSOCIATE COURT OFFICERS
See Related May 6, 2011 Press Release
STATEMENT AND DIRECTIVES OF THE JUSTICES OF THE SUPREME JUDICIAL COURT REGARDING THE HIRING AND PROMOTION PRACTICES OF THE MASSACHUSETTS PROBATION DEPARTMENT - 2/24/11
In the wake of the disclosures in the Report of Independent Counsel Paul F. Ware, the Justices of the Supreme Judicial Court appointed a Task Force to Review Hiring and Promotion Practices in the Judicial Branch (Task Force) under the leadership of Scott Harshbarger to "make recommendations designed to ensure a fair system with transparent procedures in which the qualifications of an applicant are the sole criterion in hiring and promotion" in the Probation Department and throughout the Judicial Branch. . .
U.S. BANK NATIONAL ASSOCIATION, trustee(1) vs. ANTONIO IBANEZ (1/7/11)
SJC decision on mortgage foreclosures.
WARE REPORT AND STATEMENT OF THE JUSTICES RELEASED
Statement of the Justices of the Supreme Judicial Court Relative to the Report of the Independent Counsel (pdf)


Report of the Independent Counsel (pdf)
IN THE MATTER OF THE PROBATION DEPARTMENT (Posted 5/25/10)
Statement of Chief Justice Margaret H. Marshall and Chief Justice for Administration & Management Robert A. Mulligan and the Order of the Supreme Judicial Court.
SCHOOL COMMITTEE OF LOWELL vs. PHANNA KEM ROBISHAW (May 4, 2010)
School and School Committee, Termination of employment, Arbitration. Public Employment, Termination. Arbitration, School committee, Authority of arbitrator, Award, Judicial review. Public Policy.
Commonwealth of Massachusetts v. State Street Bank and Trust Co. (Posted 2/8/2010)
See Press Release
The Commonwealth of Massachusetts, by and through its Attorney General Martha Coakley, brings this enforcement action in the public interest pursuant to the Massachusetts Consumer Protection Act, G.L.c.93A and the Massachusetts False Claims Act, G.L.c.12$5c . . . .
Investigation of Health Care Cost, Trends and Cost Drivers, Pursuant to G.L. c. 118G, § 6˝(b) (Posted 2/2/10)
The Office of the Attorney General (AGO) releases this preliminary report based on its
ongoing investigation of health care cost trends and cost drivers pursuant to the authority granted to the Attorney General by Section 24 of Chapter 305 of the Acts of 2008, An Act to Promote Cost Containment, Transparency and Efficiency in the Delivery of Quality Health Care.
Massachusetts Ocean Management Plan (Posted 1/5/2010)
Governor Deval Patrick signed the Oceans Act on May 28, 2008 - requiring the Secretary of Energy and Environmental Affairs (EEA) Ian Bowles to develop a comprehensive ocean management plan, with a draft plan by June 30, 2009, and a final plan promulgated by December 31, 2009.
Trial Court Rule III, Uniform Small Claims Rules, changes effective October 1, 2009.
The Supreme Judicial Court has approved changes to Trial Court Rule III, Uniform Small Claims Rules, effective October 1, 2009.
FTC Suspends ‘Red Flags Rule’ Requiring Law Firms to Create ID Theft Policies
Citing uncertainty among small businesses about their compliance obligations, the Federal Trade Commission has suspended until Nov. 1 implementation of its controversial "Red Flags Rule."
Interim Guidelines for the Protection of Personal Identifying Data in Publicly Accessible Court Documents
The Justices of the Supreme Judicial Court recently approved Interim Guidelines designed to protect against identity theft by having court filers omit or delete certain personal identifying information, such as social security numbers, in criminal and civil court documents. The Guidelines for the Protection of Personal Identifying Data (PID) in Publicly Accessible Court Documents are non-binding and take effect on September 1, 2009.
Final Report
Final Report on the Joint Project of Trial Lawyers Task Force on Discovery and the Institute for the Advancement of the American Legal System.
Economic Stimulus Package - The American Recovery and Reinvestment Act of 2009
Conference Report on H.R. 1, H. Rep. 111-16, American Recovery and Reinvestment Act of 2009
Theresa Cedillo and Michael Cedillo v. Secretary of Health and Human Resources
Vaccine Act Entitlement; Causation-in-fact; MMR/Autism Causation Issue; MMR/Gastrointestinal Dysfunction Causation Issue; Thimerosal; Immune Damage Causation Issue.
2008 Statewide Ballot Initiative Question 2: "An Act Establishing a Sensible State Marihuana Policy"
Guidelines from The Official Website of the Executive Office of Public Safety and Security (EOPSS)
The Movement of Illegal Guns in America
The Link between Gun Laws and Interstate Gun Trafficking
-A Report From Mayors Against Illegal Guns, December 2008
Governor's Anti-Crime Council Issues Report on Urban Violence
Doctors Say Legal System Drives Up Medical Costs
The Massachusetts Medical Society has issued a report that finds that local doctors order excessive tests and treatments to protect themselves from malpractice claims.
Crystal Salvas & Another (1) vs. Wal-Mart Stores, Inc.
Labor, Wages. Evidence, Expert opinion, Business record. Practice, Civil, Class action, Statute of limitations. Rules of Civil Procedure. Contract, Performance and breach, Damages. Limitations, Statute of.
Gideon's New Trumpet: Expanding the Civil Right to Counsel in Massachusetts
Boston Bar Association Task Force
MARK FLOMENBAUM vs. COMMONWEALTH & others.
Governor. Public Employment, Removal. Commonwealth, Officers and employees. Office of the Chief Medical Examiner. Contract, Employment. Words, "For cause."
In Re Marriage Cases
In Lockyer v. City and County of San Francisco (2004) 33 Cal.4th 1055
(Lockyer), this court concluded that public officials of the City and County of San
Francisco acted unlawfully by issuing marriage licenses to same-sex couples in the
absence of a judicial determination that the California statutes limiting marriage to
a union between a man and a woman are unconstitutional.
BLUEPRINT FOR A MODERNIZED FINANCIAL REGULATORY STRUCTURE
The mission of the Department of the Treasury (“Treasury”) focuses on promoting economic growth and stability in the United States. Critical to this mission is a sound and competitive financial services industry grounded in robust consumer protection and stable and innovative markets.
Commission on Judicial Conduct report "In the Matter of Justice Ernest Murphy
For the reasons described below, the Commission recommends that Judge Ernest B. Murphy be publicly censured, suspended without pay for 30 days, pay a $25,000 fine, and pay the costs incurred by the Commission in connection with this matter...
IN THE MATTER OF GARY C. CROSSEN
Attorney at Law, Disciplinary proceeding, Attorney-client relationship, Disbarment. Board of Bar Overseers. Rules of Professional Conduct. Due Process of Law, Attorney disciplinary proceeding.
IN THE MATTER OF KEVIN P. CURRY
Attorney at Law, Disciplinary proceeding, Attorney-client relationship, Disbarment. Board of Bar Overseers. Rules of Professional Conduct.
BIG DIG MANAGEMENT CONSULTANT AND DESIGNERS TO PAY $450 MILLION
The joint venture of Bechtel/Parsons Brinckerhoff, Bechtel Infrastructure Corp., and PB Americas, Inc., f/k/a Parsons Brinckerhoff Quade and Douglas, Inc. ("Bechtel/Parsons Brinckerhoff”), the management consultant to the Central Artery/Tunnel Project (“the Big Dig”) has agreed to pay over $407 million to resolve its criminal and civil liabilities...
Governor’s proposed legislation and Executive Order on Criminal Offender Record Information Reform
Click here to see proposed legislation.
Mitchell Report on Steroid Use in Baseball
Report to the commissioner of baseball of an independent investigation into the illegal use of steroids and other performance enhancing substances by players in major league baseball
FISA Court refuses to release records
Margaret R. Chambers v. Cassandra B. Ormiston - Rhode Island Supreme Court
May the Family Court properly recognize, for the purposes of entertaining a divorce petition, the marriage of two persons of the same sex who were purportedly married in another state?
Commission on Judicial Conduct - Complaints Against Associate Justice Ernest B. Murphy
Complaints Number 2006-9 and 2006-30
Vioxx Settlement Agreement
Settlement Agreement between Merk & Co., Inc. and The Counsel Listed on the Signature Pages 11/9/2007
State of Minnesota v. Larry Edwin Craig
Sophie C. Currier on behalf of herself and on behalf of Lea M. Gallien-Currier vs. National Board of Medical Examiners
Nursing Mother Case.

Commonwealth of Massachusetts Appeals Court (07-J-434)

Governor Patrick Unveils Plan For Casino Gambling in Massachusetts
Three destination resort casinos to spur economic development and create tens of thousands of new jobs
SJC issues amendment to Superior Court Rule 9C
Effective date - October 1, 2007
40B Cost Certification
Notice Regarding 40B Cost Certification Materials for Home Ownership Projects
PETER SCANNELL vs. ATTORNEY GENERAL & another.(1)
Massachusetts False Claims Act. Unjust Enrichment.
Massachusetts Guide to Evidence - Preliminary Draft for Public Comment
Prepared by the Supreme Judicial Court Advisory Committee on Massachusetts Evidence Law - August 2007
Report of the Small Claims Working Group - August 2007
Commission to End Racial and Ethnic Health Disparities - Final Report
The report is a result of a three year effort involving community members, health care advocates, policy experts and legislators.
Findings and Recommendations - Office of the Chief Medical Examiner
Prepared for The Executive Office of Public Safety, Commonwealth of Massachusetts, July 24, 2007
Peter J. Limone, et al., Plaintiffs v. United States of America, Defendant
Memorandum and Order Re: Bench Trial
WILLIAM J. DEVINE, trustee, vs. TOWN OF NANTUCKET & another.
Eminent Domain, Validity of taking. Limitations, Statute of. Notice. Constitutional Law, Eminent domain, Taking of property. Bona Fide Purchaser. Real Property, Bona fide purchaser.
(1) MICHAEL BAIGENT, (2) RICHARD LEIGH V. THE RANDOM HOUSE GROUP LIMITED
The Claimants are two of the three authors of a book published in 1982, The Holy Blood and the Holy Grail (HBHG). The Defendant is the publisher in the UK of a book written by Dan Brown, the Da Vinci Code (DVC), first published in 2003. The Claimants' contention is that, in writing DVC, Mr Brown infringed their copyright by copying a substantial part of HBHG in the course of writing six chapters of DVC. The case came to trial over 11 days in February and March 2006 before Mr Justice Peter Smith.
State Auditor’s Report on Food Safety
Governor Patrick issues an Executive Order regarding the use of Undocumented Workers on State Contracts.
Amended Superior Court Civil Time Standards
Effective March 1, 2007
ROBERT E. NUNEZ, SECOND vs. CARRABBA'S ITALIAN GRILL, INC., & another.(1)
Practice, Civil, Summary judgment. Alcoholic Liquors, Sale to underage adult. Negligence, Alcoholic liquors, Duty to prevent harm, Sale of liquor, Standard of care.
Massachusetts Mutual Life Insurance Company vs. Robert J. O'Connell
Memorandum and Order on Motion to Dismiss
C. Joseph DOYLE & others [FN1] vs. SECRETARY OF THE COMMONWEALTH & another.
Marriage. General Court. Mandamus. Practice, Civil, Action in nature of mandamus. Declaratory Relief. Constitutional Law, Amendment of the Constitution, Initiative petition, General Court, Governor. Initiative. Governor.
ALLIANCE TO PROTECT NANTUCKET SOUND, INC. vs. ENERGY FACILITIES SITING BOARD & another.(1)
Energy Facilities Siting Board. Administrative Law, Decision, Evidence, Hearing. Due Process of Law, Adjudicatory proceeding, Notice. Public Utilities, Electrical transmission line. Electricity.
Massachusetts Project on Innovative Jury Trial Practices - Final Report
Mark Lewis and Dennis Winslow, et al. v. Gwendolyn L. Harris, etc., et al. (A-68-05)
New Jersey Same-Sex marriage syllabus
Link of the Week
"AvoidAClaim" Blog
LAWPRO's blog has a wealth of information that could help you avoid legal malpractice claims.
ARCHIVE

Events Calendar
Tuesday, May 22, 2012
Litigating Forced and False Confessions
The impetus for this program on litigating forced and false confessions is the recent, high-visibility, media-saturated case in Worcester . . .
Wednesday, May 23, 2012
49 Ways to Use Your iPad to Boost Your Law Practice
The iPad is a tremendous productivity tool for lawyers…if you know how to use it to its fullest advantage. Presented by the Social Law Library and Massachusetts Lawyers Weekly
Friday, May 25, 2012
Library Closing Early
The Library will close at 6:00 p.m.
Monday, May 28, 2012
Library is Closed
SLL is closed in observance of Memorial Day.
 
New Acquisitions at SLL!  Get RSS Updates l Get Email Updates
Reference
Member FYI
Judges Learn Hands-On about SLL’s New Database, Call it a “Great Resource”Judges Learn Hands-On about SLL’s New Database, Call it a “Great Resource”
All Massachusetts judges receive free, unlimited, 24/7 access to the Social Law Library’s premier legal research databases and online resources. At an evening seminar co-sponsored by the Flaschner Judicial Institute and the Social Law Library, Senior Reference Librarian Brian Harkins, guided a group of judges through the recent updates and improvements, showing them how this free resource is more useful to judges than ever. “It will certainly help me cope without law clerks” noted one judge. “Excellent program” stated another.

While in their lobbies, judges can research the Library’s databases on the Trial Court’s internal intranet. But they can also get individualized user names and passwords so they can access Library resources anytime/anywhere via the Library’s web site. Judges interested in learning more about access to Social Law’s free online resources, or get personalized training, should contact SLL Membership at (617) 226-1530 or membership@socialaw.com for more information. For program photos click here.
On the Docket
49 Ways to Use Your iPad to Boost Your Law Practice - Upcoming Program!49 Ways to Use Your iPad to Boost Your Law Practice - Upcoming Program!
On 5/23 the Social Law Library and Massachusetts Lawyers Weekly present 49 Ways to Use Your iPad to Boost Your Law Practice.

The iPad is a tremendous productivity tool for lawyers…if you know how to use it to its fullest advantage. Join real lawyers who have used the iPad to revolutionize their practice.

Faculty: Jared Correia, Senior Law Practice Advisor, Law Office Management Assistance Program; Howard Lenow, Founding Member, ABA Labor and Employment Technology Committee; Gabriel Cheong, Author, Mass. Divorce Lawyer blog; Board Member, Starting Out Solo

PROGRAM DETAILS AND REGISTRATION
Plugged In
Customize Your Database Experience!Customize Your Database Experience!
The Social Law Library has added another feature to our brand new database interface! Based on feedback from our patrons, the Library has developed a way for patrons who like the old interface look & feel to customize their database experience.

Simply click on the “My Profile” link in the upper right hand corner of your screen after you login and access one of the many self-published Social Law Library databases. It’s in the green “Profile Bar”. Click on “No” for the first option to “Show Tabs” then click “Save”. The interface will default to only show the search screen unless the database you are in contains a directory structure. To view our database list, simply click on “SLL Home”. Your navigation has now been customized to act more like our traditional databases.

Please call Technology Services at 617-226-1570 with any questions you may have.
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