Massachusetts Lawyers Weekly

May 10, 2026

Civil rights – Alternate service – Futility

Where a plaintiff has moved for leave to amend his complaint to add a deceased State Police officer as a defendant and to serve process on the commonwealth as the indemnitor of that officer, the plaintiff’s motion should be allowed because his request to serve the commonwealth is not premature, nor would the proposed claims would be futile.

May 5, 2026

Immigration – ‘Significant negative factor’ policy

Where a policy has been adopted by U.S. Citizenship and Immigration Services that treats an individual’s nationality as a “significant negative factor” in the adjudication of their benefit application if they come from one of the countries listed in presidential proclamations, a motion for a preliminary injunction should be granted in part, as (1) the plaintiffs are likely to succeed on thei[...]

May 1, 2026

Policy treating some nationalities as ‘significant negative factor’ for immigration enjoined

A federal judge has enjoined a USCIS policy treating certain nationalities as a negative factor in immigration applications.

Apr 29, 2026

Employment – Discrimination – Race and sex

Where a plaintiff has alleged that the defendants collectively discriminated against her based on her race and sex, subjected her to a hostile work environment, failed to promote her and provide equal pay, and retaliated against her for complaining about those violations, the defendants’ motion to dismiss should be granted as to the plaintiff’s Massachusetts Equal Pay Act claim, state and fede[...]

Apr 22, 2026

Employment – Discrimination – Retaliation

Where a defendant supervisor has moved to dismiss claims brought by a plaintiff employee, that motion should be denied because each of the claims against the supervisor is plausibly alleged.

Apr 17, 2026

Civil practice – Antisuit injunction

Where a plaintiff law firm (1) brought suit alleging that the defendant, its former client, failed to pay a success fee of over $2 million and (2) has moved for an order enjoining the defendant from further prosecuting a malpractice claim against the firm in the Western District of Texas, that motion should be denied because the claims at issue in the two cases are not identical.

Apr 11, 2026

Immigration – Habeas corpus – Bond hearing

Where a petitioner who has been detained since he was arrested for and charged with assault and battery on a police officer, his petition for habeas corpus relief should be granted because requiring mandatory detention based solely on his arrest and charge — without the opportunity for a bond hearing or any initial procedural protections — violates his Fifth Amendment due process rights.

Mar 31, 2026

Commercial – False advertising – Chapter 93A

Where the plaintiff, a licensed health care clinic providing reproductive health care that includes abortion care, has alleged that the defendant, a nonprofit crisis pregnancy center that opposes abortion, has used false advertising to deceive and divert the plaintiff’s patients, a motion to dismiss the plaintiff’s claims under the Lanham Act and G.L.c. 93A should be allowed in part and denied[...]

Mar 25, 2026

Tort – Privacy – Tracking technology

Where a plaintiff has brought a putative class action alleging that the defendant shared confidential medical information about her, the defendant’s motion to dismiss for failure to state a claim should be denied because the plaintiff states plausible claims for a violation of the Electronic Communications Privacy Act, invasion of privacy, breach of implied contract and breach of fiduciary duty.

Mar 24, 2026

Employment – Referral bonus – Wage Act

Where two plaintiffs have brought a putative class action alleging that their former employer withheld payments that they had earned through its employee referral program, their claim under the Massachusetts Wage Act must be dismissed because the referral bonus payments at issue are not “wages” under the statute, but they have plausibly alleged a claim for breach of contract.

Mar 16, 2026

Education – IDEA – Relocation

Where a parent of a child with disabilities moved within a school district across residential zoning lines for schools, the stay-put provision of the Individuals with Disabilities Education Act, 20 U.S.C. §1415(j), does not require the school district to keep the child in her same school, as the school zoned for her new residence can fully implement the child’s agreed-upon educational program a[...]

Feb 12, 2026

Patent and trademark – Natural phenomena – Mental processes

Where a plaintiff has alleged infringement of its patent, the complaint must be dismissed because the plaintiff’s patent is directed to ineligible natural phenomena and ineligible mental processes.