Interested parties may file their briefs in the Office of the Clerk for the Commonwealth, John Adams Courthouse, Suite 1-400, One Pemberton Square, Boston MA 02108-1724. Phone: 617-557-1020

Parties filing amicus briefs are expected to comply with the requirements of Rules 17,19 and 20 of the Massachusetts Rules of Appellate Procedure. Amicus briefs, to assist the court, should focus on the ramifications of a decision and not solely on the interests of the parties filing such briefs. Amicus submissions are due no later than two weeks before the first day of the sitting in which the case is scheduled for argument.

The Supreme Judicial Court is soliciting amicus briefs or memoranda from interested parties in the following matters pending before the court:  

September 2014 Announcements

SJC-11743
Molly Hays vs. David Ellrich & others

Whether the individual defendant was a seller for purposes of G. L. c. 110A, § 410 (Massachusetts Securities Act), even though he did not receive any direct financial compensation as a result of the plaintiff’s investment in the hedge fund; for purposes of equitable tolling of the four-year statute of limitations, whether the plaintiff was on inquiry notice when she received the hedge fund’s offering materials that described the nature of the investment and risks of that investment.

SJC-11738
Commonwealth vs. Jean Dorvil

In a prosecution for assault and battery, whether the defendant’s spanking of his two year old child was justified in the circumstances as a permissible means of discipline; whether, regardless of the extent of the force used, a parent’s use of force can never be justified as proper discipline if the parent acts out of anger, or if, because of age or otherwise, the child lacks the capacity to understand the correction.

SJC-11745
Commonwealth vs. Brian Freeman & another

Whether a juvenile offender – seventeen years old at the time of his offense – against whom criminal proceedings were pending on the effective date of St. 2013, c. 84 (“An Act Expanding Juvenile Jurisdiction”), is denied equal protection because he does not receive the benefits of the act.  See Watts v. Commonwealth, 468 Mass. 49 (2014).

SJC-11744
Michael Vale vs. New England Cleaning Services, Inc. & another

Whether a stock valuation provision in the company’s articles of incorporation was, in its essence, a mandatory arbitration clause that, once invoked, required the parties to arbitrate the values of the plaintiff’s shares; whether decisional law that predates G. L. c. 251, the Massachusetts Arbitration Act, and distinguishes between appraisal and arbitration provisions remains good law.

SJC-11740
Sean Pugsley vs. Boston Police Department & others

Whether, and in what circumstances, gender can constitute a bona fide occupational qualification for purposes of G. L. c. 151B, § 4 (1), in a police department’s hiring of officers.

SJC-11742 
Linda Pinti vs. Emigrant Mortgage Co. & another

Where a foreclosing mortgagee strictly complies with the statutory power of sale, but the notice of default and right to cure provided to the mortgagor prior to foreclosure does not strictly comply with the acceleration and remedies provision in the mortgage, whether the foreclosure is therefore void.

SJC-11739 
In Re Guardianship of V. V.

Whether the biological parent of a minor child has a right to counsel in a guardianship action, where someone other than the parent (here the child's great-grandparent) seeks to have herself appointed by the court as the child's guardian. See G. L. c. 190B, §§ 5-201, et seq.

Click here to see Amicus Announcements from September 2013 to August 2014.