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Amicus Announcements from September 2018 to August 2019

From time to time, the Supreme Judicial Court solicits amicus ("friend of the court") briefs or memoranda from parties not directly involved in a case, but that may have an interest or opinion about a case pending before the court.

Table of Contents

File an Amicus Brief

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.

Interested parties may file their briefs in the Supreme Judicial Court Clerk's Office for the Commonwealth.

September 2018

SJC-12542
Laurita Sullivan & others vs. Sleepy's LLC & others: 

The United States District Court for the District of Massachusetts has certified the following questions to this court:

1. If a 100% commission inside sales employee works more than forty hours in a given work week, is the employee entitled to any additional compensation specifically for overtime hours worked when the employee's total compensation (through draws and commissions) for that workweek is equal to or greater than 1.5 times the employee's regular rate or at least 1.5 times the minimum wage for all hours worked over 40 hours in a workweek? If additional compensation is due, what is the employee's regular rate for purposes of calculating overtime pay?

2. If a 100% commission inside sales employee works on a Sunday in a given work week, is the employee entitled to any additional compensation for Sunday premium pay when the employee's total compensation (through draws and commissions) for that workweek compensates the employee in an amount equal to or greater than 1.5 times the employee's regular rate or at least 1.5 times the minimum wage for all Sunday hours worked? If additional compensation is due, what is the employee's regular rate for purposes of Sunday premium pay?"

SJC-12544
Wayne Oliver vs. General Electric Co.: 

The United States District Court for the District of Massachusetts has certified the following question to this court:

"[W]hether or not the Massachusetts statute of repose, Gen. Laws ch. 260, § 2B, can be applied to bar personal injury claims arising from diseases with extended latency periods, such as those associated with asbestos exposure, where defendants had knowing control of the instrumentality of injury at the time of exposure." 

SJC-12568
Commonwealth vs. Abdullah Yasin: 

1.  Whether a judge may reserve ruling on a [Mass. R. Crim. P. 25 (a)] motion made at the close of the Commonwealth's case and, after the jury has returned a guilty verdict, allow that motion nunc pro tunc to the close of the Commonwealth's case, or whether such a ruling falls under 25 (b)? 

2.  May such a ruling be appealed by the Commonwealth?

SJC-12564
Commonwealth vs. Dennis Jones: 

1. What is the burden of proof that the Commonwealth bears on a motion . . . in order to establish a 'foregone conclusion,' as that term is used in Commonwealth v. Gelfgatt, 468 Mass. 512, 520-526 (2014)? 

2. Did the Commonwealth meet its burden of proof in this case?

3. When a judge denies a 'Gelfgatt' motion filed by the Commonwealth and the Commonwealth thereafter renews its motion and provides additional supporting information that it had not provided in support of the motion initially, is a judge acting on the renewed motion first required to find that the additional information was not known or reasonably available to the Commonwealth when the earlier motion was filed before considering the additional information? 

SJC-12575
Commonwealth vs. Deneisha Newberry:
 

Where a complaint has issued charging a defendant with a crime and the Commonwealth has sought arraignment, whether or under what circumstances a judge may to decline to arraign the defendant on the charge for purposes of G. L. c. 276A, or otherwise; whether, prior to arraignment, a judge may order conditions of release including global positioning system monitoring and tracking.

Contact

Phone

Open Mon. - Fri. (except holidays), 8:30 a.m. to 4:30 p.m.

Fax

617-557-1145

Address

Francis V. Kenneally, Clerk
John Adams Courthouse
1 Pemberton Square, Suite 1400
Boston, MA 02108

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