Massachusetts Lawyers Weekly

May 10, 2026

Immigration – Habeas corpus

Where a habeas corpus petitioner has filed an emergency motion for immediate release from his present custody by U.S. Immigration and Customs Enforcement, both the petition and the motion should be denied because the petitioner has failed to meet his burden to show that his detention is unlawful.

Apr 19, 2026

Civil rights – Murder investigation

Where a plaintiff whose two first-degree murder convictions were vacated has brought suit under 42 U.S.C. §1983 and the Massachusetts Civil Rights Act, the defendants are entitled to qualified immunity because the plaintiff has not met his burden to show that their conduct violated clearly established law.

Oct 7, 2025

Jurisdiction – Streaming service – Purposeful availment

Where the defendant, a subscription-based video-on-demand streaming service, has moved to dismiss a complaint under the Video Privacy Protection Act, that motion should be allowed because the plaintiff has not shown that the defendant purposefully availed itself of the privilege of conducting business in Massachusetts.

Oct 7, 2025

Jurisdiction – Personal

Where a plaintiff has alleged that two defendant competitors copied the plaintiff’s inventions and claimed them as their own, a motion by one of the defendants to dismiss for lack of personal jurisdiction should be allowed because the case does not directly relate to any activities by the defendant within Massachusetts.

Oct 7, 2025

Employment – Pretext – Policy violations

Where a defendant employer has moved for summary judgment, the motion should be allowed because the plaintiff has failed to prove that the defendant’s proffered legitimate, non-discriminatory reason for firing her, namely, her repeated policy violations, is pretextual.

Sep 30, 2025

Labor – Preemption – Standing

Where a Massachusetts trade association has filed a complaint requesting a declaration that a section of the Massachusetts Paid Family and Medical Leave Act involving health insurance benefits is preempted by federal law, the association has not shown a cognizable injury as to standing, so the complaint must be dismissed.

Sep 30, 2025

Bankruptcy – Mootness – Asset sale

Where an appellant has challenged a U.S. Bankruptcy Court order authorizing the sale of a loan portfolio to a purchaser over the appellant’s objection, the appeal is statutorily moot and therefore should be dismissed.

Jul 31, 2025

1st Circuit denies Tsarnaev’s bid for judge’s recusal in death sentence appeal

The 1st U.S. Circuit Court of Appeals on July 31 denied a request by attorneys for Boston Marathon bomber Dzhokhar Tsarnaev to remove the judge overseeing the protracted legal battle over his death sentence.

Jul 21, 2025

Employment – Emotional distress – Statutory bar

Where a plaintiff has asserted a variety of claims stemming from alleged workplace age discrimination, the defendants’ partial motion to dismiss should be denied as to the plaintiff’s contract claims but allowed as to a count alleging infliction of emotional distress, which is barred by the exclusivity provision of the Massachusetts Workers’ Compensation Act.

Apr 4, 2025

Employment – Data breach – Standing

Where two plaintiffs who were required as a condition of their employment to provide the defendant with personally identifiable information have filed a complaint following a data breach, the plaintiffs lack standing for either damages or injunctive relief in the absence of any plausible allegation of actual misuse traceable to the data breach.