I recently attended a presentation by futurist Michael Rogers that sparked me to think about what the courtrooms of the 2020s might look like. According to Rogers, one of the next big advances in technology will be augmented reality devices,
Massachusetts Appellate Blog
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Supreme Judicial Court: Further Appellate Review or Direct Appellate Review?
Lawyers with little or no experience in the Massachusetts Supreme Judicial Court may not be familiar with the two routes to review by the SJC, and how the chances of obtaining review can differ significantly between the two procedures. An…
Students Do Not Have Standing to Pursue An Injunction Against Harvard University From Investing in Fossil Fuel Companies
On June 7, 2016, the Appeals Court heard oral argument for Harvard Climate Justice Coalition v. President and Fellows of Harvard College (AC 15-P-0905). Harvard Climate Justice Coalition, an unincorporated association of students at Harvard University (“Students”), appealed from a…
Appeals Court Holds That An Employer’s Failure To Maintain Workers’ Compensation Insurance Results In An Automatic Three-Year Debarment
Addressing an issue of first impression, the Appeals Court recently held that an employer who fails to maintain a workers’ compensation policy in violation of the Massachusetts Workers’ Compensation Act, G.L. c. 152, et seq., is automatically debarred from…
INTERVIEW WITH FORMER SJC ASSOCIATE JUSTICE CHARLES FRIED – PART II OF II
In Part I of our interview with former Supreme Judicial Court Associate Justice Charles Fried, he offered advice to Massachusetts appellate lawyers on brief writing and preparing for oral argument. As promised, in Part II, Fried shares some examples of…
Appellate Strategies: Oral Argument Tips From Recent ABA Program
I recently listened to an ABA Section of Litigation Roundtable entitled ““Appellate Practice: How to Grab, Keep, and Kill the Panel’s Attention During Oral Argument.” The program featured advice from Judge Andre Davis, Senior Judge for the U.S. Court of…
An Attorney’s Affidavit Can Cure a Defective Mortgage
On February 9, 2016, the Supreme Judicial Court heard oral argument for Bank of America, N.A. v. Debora A. Casey (In re Pereira), 791 F.3d 180 (1st Cir. 2015). The United States Court of Appeals for the First Circuit certified…
First Circuit Dismisses Fabrazyme Suits Without Prejudice To Re-filing
By Linda Morkan
In an unusual ruling in a closely-watched case, the First Circuit Court of Appeals has affirmed a District Court’s dismissal of most of the plaintiffs’ claims, but on new grounds which will potentially allow the plaintiffs another bite at the…
INTERVIEW WITH FORMER SJC ASSOCIATE JUSTICE CHARLES FRIED – PART I OF II
Charles Fried is, by any measure, a pre-eminent legal scholar and American jurist. He served as an Associate Justice of the Massachusetts Supreme Judicial Court from 1995-1999. Prior to that, he was Solicitor General of the United States from 1985-1989.…
Appellate Strategies: Massachusetts Appeals Court Single Justice Practice
Recently we covered the basics of interlocutory appeals to a single justice of the Massachusetts Appeals. Court. Here are some thoughts on how you can improve your chances of obtaining review:
- Highlight why the issue presented is an important one
…