Argument: Not yet scheduled.

Keywords: Administrative Law - Arbitration - Discrimination - Employment

Question Presented: Whether an employee’s agreement to arbitrate all “claims and disputes” bars her from asserting claims before the Mass. Commission Against Discrimination.

Facts: The employee, Randi Simmons, signed an agreement shortly after beginning employment in which she agreed to arbitrate all disputes and claims, and acknowledged that she was waiving her right to …

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Argument: Not yet scheduled.

Keywords: Administrative Law - Commercial Property - Energy - Regulated Utilities - Tax

Question Presented:

Facts: Boston Gas is a regulated utility whose property and profits are heavily controlled by the Department of Public Utilities (“DPU”). Boston Gas owns nearly 1000 miles of delivery pipe and …

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Argument: September 2010

Keywords: Administrative Law - Civil Procedure - Discrimination - Employment - Public Employees

Question Presented: Whether a defendant’s appeal permits a plaintiff to retract acceptance of remittitur; whether a jury damage award for hostile work environment may be based on a pattern of conduct not alleged in an MCAD complaint.

Facts: The plaintiff, who is gay, was the only woman employed by the Somerset Highway Department from 1984 to 2000. In 2000, she filed a claim with the Mass. Commission Against …

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Amicus due February 16, 2010 - Argument: May 4, 2010

Keywords: Administrative Law - Environmental Law - Local Government - Zoning

Question Presented: Whether a Town of Kingston zoning amendment should be invalidated if the town failed to comply with the procedure for creating a “smart growth” zoning overlay district pursuant to G.L. c. 40R.

Facts: At the request of a developer, the Town of Kingston submitted an application to the Department of Housing and Community Development (“DHCD”) for approval of a smart growth overlay district …

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Amicus due March 15, 2010 - Argument: May 3, 2010

Keywords: Administrative Law - Affordable Housing - Local Government - Zoning

Question Presented: Whether the Housing Appeals Committee had power to strike down conditions imposed by a zoning board of appeals, on the ground that the board lacked authority to impose the conditions.

Facts: Attitash, a developer, applied to the zoning board of appeals for the city of Amesbury for a comprehensive permit to develop low income housing. The board granted the application with …

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Argument: February 11, 2010

Keywords: Administrative Law - Energy - Environmental Law - Local Government

Question Presented: Whether the Energy Facilities Siting Board (“EFSB”) acted within its authority in granting a set of approvals for the Cape Wind energy project.

Facts: Construction of an energy facility such as the Cape Wind project often requires approval by many state and local agencies, any one of which can block development.  To avoid that …

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Argument: February 11, 2010

Keywords: Administrative Law - Energy - Environmental Law - Exhaustion of Remedies

Question Presented: Whether the Massachusetts Energy Facilities Siting Board (“EFSB”) has the power to override the rejection by the Cape Cod Commission (“Commission”) of a proposed wind farm development.

Facts: Cape Wind Associates, LLC applied for Development of Regional Impact (“DRI”) approval from the Commission, pursuant to St. 1989, c. 716. The Commission denied the application without prejudice on the …

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Amicus due February 16, 2010 - Argument: April 6, 2010

Keywords: Administrative Law - Employment - Legal Malpractice - Loss of Chance - Maternity Leave

Question Presented: Whether employers are required to comply with the Mass. Maternity Leave Act (MMLA) for leaves of over eight weeks, if they do not tell employees otherwise.

Facts: Global NAPS (Global) told an employee that she could take eight weeks of maternity leave, or ten weeks if she gave birth by C-section. The employee gave birth by C-section …

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Amicus due February 16, 2010 - Argument: May 2010

Keywords: Administrative Law - Education - Public Employees - Retirement - Social Security

Question Presented: Whether Social Security qualifies as a “retirement allowance, annuity or pension,” disqualifying certain private school teachers from participation in the state pension system.

Facts: The plaintiffs are teachers who for part of their careers were employed by private schools that solely served special education students funded by the state. The issue is whether the …

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Amicus due February 16, 2010 - Argument: April 6, 2010

Keywords: Administrative Law - Civil Procedure - Constitutional Law - First Amendment - Personal Jurisdiction - Securities

Question Presented: Whether the Secretary of the Commonwealth has the power to impose a fine on out-of-state persons who market unregistered securities to a Massachusetts resident.

Facts: Bulldog, an out-of-state company, maintained a website offering information on its hedge funds, which were unregistered securities.  An unregistered security is essentially one for which detailed disclosure statements have not …

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Amicus due February 16, 2010 - Argument: March 1, 2010

Keywords: Administrative Law - Environmental Law - Wetlands

Facts: Two local Citizen Groups challenge a wetlands permit allowing New England Wind, LLC to install twenty wind turbines and a four mile access road on the Hoosac Mountain Range in …

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