Skip to main content

Commonwealth v. Pugh, 462 Mass. 482 (2012)

A woman was convicted of involuntary manslaughter after attempting an unassisted home childbirth in which her viable fetus died. The trial court found that she used excessive force to accelerate delivery, and failed to call for medical help despite recognizing a breech positioning. On appeal, the Supreme Judicial Court reversed, holding that the Commonwealth had not proven her actions caused the death, and that failing to call for help was not a legally sufficient cause of death.

Partanen v. Gallagher, 475 Mass. 632 (2016)

A woman sought to be recognized as the legal parent of two children conceived by her former partner through in vitro fertilization during their long-term relationship. They were never married. Although the woman was not biologically related to the children and had not formally adopted them, she helped plan their conception, was present at their births, lived with them, and shared in their upbringing, financial support, and public representation as their mother.

Verdrager v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., 474 Mass. 382 (2016)

In Verdrager v. Mintz (2016), the plaintiff alleged that she was subjected to gender discrimination, harassment, and retaliation while working as an attorney at a Boston law firm, that culminated in her demotion in 2007 and her termination in 2008. She claimed that firm members made inappropriate comments, questioned her commitment to her work after her pregnancy, and assigned a disproportionate amount of non-billable work.

Massachusetts General Laws Chapter 112 Section 12L Personal Decision Regarding Pregnancy

Massachusetts General Laws Chapter 112, § 12L protects an individual’s right to make personal decisions about contraception and pregnancy. This includes their choices for preventing, starting, continuing, or terminating a pregnancy. The statute prohibits the state or its subdivisions from interfering with these choices, and also bars restrictions on medically appropriate abortion methods or the manner in which such abortion care is provided.

Wolford v. Lopez

Issues

May Hawaii, consistent with the Second Amendment, make private property that is open to the public presumptively off limits to licensed concealed-carry holders by criminalizing the carrying of a handgun on such property unless the property’s owner has expressly authorized firearms on the premises?

This case asks the Supreme Court to determine whether a state may prohibit licensed concealed carry holders from bringing firearms onto private property that is open to the public without the property owner’s express authorization. Jason Wolford, Alison Wolford, Atom Kasprzycki, and the Hawaii Firearms Coalition contend that Hawaii’s default rule effectively nullifies the public-carry right recognized in New York State Rifle & Pistol Ass’n v. Bruen by turning ordinary, publicly accessible destinations such as stores, restaurants, and parking lots into presumptive no-carry zones. Hawaii Attorney General Anne E. Lopez, meanwhile, argues that the Second Amendment does not confer a right to carry a firearm onto another person’s property without consent, and that the statute simply codifies owners’ longstanding authority to exclude firearms on their private properties. J. Wolford, A. Wolford, Kasprzycki, and the Hawaii Firearms Coalition argue that Bruen requires Hawaii to justify such a broad default ban with a well-established historical analogue, and that the Ninth Circuit’s decision deepens a conflict over how lower courts apply Bruen to modern carry restrictions. Lopez responds that history and tradition support consent-based limits on armed entry, and that the default rule promotes public safety while respecting private property rights. This case touches upon the extent to which the Second Amendment’s public-carry protection applies to everyday life and will influence whether states may adopt similar default rules that either narrow or preserve practical access to lawful carry in public-facing spaces.

Questions as Framed for the Court by the Parties

Whether the U.S. Court of Appeals for the 9th Circuit erred in holding that Hawaii may presumptively prohibit the carry of handguns by licensed concealed carry permit holders on private property open to the public unless the property owner affirmatively gives express permission to the handgun carrier.

On June 2, 2023, Hawaii enacted Act 52 in the wake of the Supreme Court’s decision in New York State Rifle & Pistol Ass’n v.

Additional Resources

Submit for publication
0

Trump v. Cook

Issues

Whether the president’s removal of a member of the Federal Reserve comported with the relevant procedural requirements and whether the removal was for sufficient cause.

This case considers whether the removal of Lisa Cook, a member of the Federal Reserve Board of Governors, by President Donald J. Trump, comported with constitutional and statutory requirements. The Court must address a temporary restraining order leaving Cook in her position after President Trump sought the first-ever (attempted) presidential removal of a Federal Reserve Board of Governors member, citing an alleged incident of prior fraud by Cook. The parties disagree about what, if any, cause is required for a president to remove a Board member. Trump argues that he has broad discretion to remove a Board member, with only minimal procedural protections required, whereas Cook construes the presidential removal power narrowly, and argues for robust procedural protections against removal. This dispute could reshape the relationship between the president and the Federal Reserve, potentially limiting or ending the Federal Reserve’s longstanding independence in setting monetary policy.

Questions as Framed for the Court by the Parties

Whether the Supreme Court should stay a district court ruling preventing the president from firing a member of the Federal Reserve Board of Governors.

Congress established the Federal Reserve (“the Fed”) by the Federal Reserve Act of 1913. Cook v.

Submit for publication
0

M & K Employee Solutions, LLC v. Trustees of the IAM National Pension Fund

Issues

Does 29 U.S.C. § 1391 require actuaries of multiemployer pension plans to calculate a withdrawing employer’s liability based on actuarial assumptions made before the last day of the year? 

This case asks the Supreme Court to consider the deadline by which 29 U.S.C. § 1391 requires multiemployer pension plans to calculate the liability an employer would have should they choose to withdraw from that plan. The Employers argue that the plain text of § 1391 supports a bright-line rule that requires multiemployer pension plan actuaries to calculate the unfunded vested benefits, or the plan’s underfunding, as of the end of the year prior to the year a given employer withdraws from the plan. Trustees of the IAM National Pension Fund argue that because § 1391 is silent on the date as of which actuarial assumptions must be calculated, unlike other statutes addressing similar subject matters, that silence is controlling. The Employers further argue that Congress intended the statute to provide employers information about their potential withdrawal liability, which limits the information actuaries can use in determining this liability. The Trustees counter that Congress did not intend for employers to have advanced notice of the assumptions an actuary will use to calculate withdrawal liability, nor is it practical to do so. This case will directly impact how employers make business decisions related to multiemployer pension plans. Additionally, this case raises fairness concerns related to who will bear the risks when employers withdraw from multiemployer pension plans.

Questions as Framed for the Court by the Parties

Whether 29 U.S.C. § 1391’s instruction to compute withdrawal liability “as of the end of the plan year” requires the plan to base the computation on the actuarial assumptions most recently adopted before the end of the year, or allows the plan to use different actuarial assumptions that were adopted after, but based on information available as of, the end of the year.

Four employers, M & K Employee Solutions, LLC, Ohio Magnetics, Inc., Phillips Liquidating Trust, and Toyota Logistics Services, Inc. (collectively “the Employers”), withdrew from the IAM National Pension Fund at different times in 2018. Trustees of the IAM National Pension Fund v. M & K Employee Solutions, LLC (D.C.

Additional Resources

Submit for publication
0
Subscribe to