The Federal District Court judge denied GE's motion and certified to the Massachusetts Supreme Judicial Court
to answer the question of whether the Massachusetts statute of repose could be applied in this case.
Because that dispute turns on the characterization of wrongful death actions by the Commonwealth, we certify questions to the Massachusetts Supreme Judicial Court
(SJC) under its Rule 1:03.
In Rafferty, the Massachusetts Supreme Judicial Court
rejected the plaintiff's negligence claim, but held that a generic consumer "may bring a common-law recklessness claim against the brand-name manufacturer if it intentionally failed to update the label on its drug, knowing or having reason to know of an unreasonable risk of death or grave bodily injury associated with its use." The court therefore remanded the case with leave for the plaintiff to amend the complaint to set forth allegations of innovator liability on recklessness grounds.
(2) To overcome strict scrutiny, a statute must be "narrowly tailored to further a legitimate and compelling governmental interest." (3) The recent decision by the Massachusetts Supreme Judicial Court
in Finch v.
But Massachusetts Supreme Judicial Court
, the state's highest court, upheld the convictions.
A recent ruling by the Massachusetts Supreme Judicial Court
makes it easier for people injured on snow covered walkways to successfully sue those property owners who don't clear snow from walking surfaces.
(51) Several indigent pretrial detainees in Hampden County and the statewide public defender filed a petition seeking relief pursuant to the general superintendence power of the Massachusetts Supreme Judicial Court
. (52) The court ordered that any indigent defendant incarcerated pretrial in Hampden County must be released after seven days if counsel was not appointed, and any case pending against such a defendant be dismissed after forty-five days if no attorney filed a court appearance on that defendant's behalf.
The New York Times sounded the alarm by quoting Margaret Marshall, chief justice of the Massachusetts Supreme Judicial Court
, who said our nation's state courts--all suffering budget cuts in bad economic times--stand "at the tipping point of dysfunction."
Several Massachusetts Supreme Judicial Court
cases have dealt with promotions in which the "no purchase necessary" requirement was insufficient to avoid the "consideration" element of the lottery definition (in a legal context, "consideration" is the payment of money or something else of value given in exchange for the chance to win a prize).
Finally, Part VI articulates that the Massachusetts Supreme Judicial Court
has forgone the constitutional principles that govern the Fourth Amendment.
The Massachusetts Supreme Judicial Court
on March 15 dismissed a negligence lawsuit against the New England Organ Bank and New England Tissue & Eye Bank by a couple who unsuccessfully attempted to donate their 16-year-old son's organs after he died in a golf cart accident.
Just one day after the Massachusetts Supreme Judicial Court
gave government officials the authority to take an abused 11-year-old girl off life support, Haleigh Poutre began to show signs of consciousness.