On January 22nd, the Supreme Judicial Court (“SJC”) issued a decision in Magliacane v. City of Gardner which preserved key protections for municipalities facing tort claims. The SJC’s decision agreed with the arguments put forth by MHTL’s attorney Cindy Amara in an amicus brief she filed in the case on behalf of the Massachusetts Municipal Lawyers Association (“MMLA”), in support of the City of Gardner.
If the Court had not concluded that claims similar to those raised by the resident were governed by the Act, the financial impact on municipalities could have been catastrophic, considering the wide variety of activities a municipality offers for a fee (e.g. sports, recycling, trash removal). Murphy, Hesse Toomey & Lehane’s brief to the SJC laid out the magnitude of the financial impacts to a municipality if the Act did not apply to such “commercial” activities. For example, on the one issue, if residents were allowed to bring similar claims, the City could have been liable for more than forty-five percent of its annual budget for Fiscal Year 2020.
Given the important protections that the Act provides for municipalities and the potential fiscal cost that could have been imposed through this case, the SJC’s decision in Magliacane v. City of Gardner constitutes a major win for the Commonwealth and municipalities.
The Massachusetts League of Community Health Centers held their Annual Community Health Institute (“CHI”) in North Falmouth earlier this month. Attorneys Kier Wachterhauser and Nan ONeill, both partners at Murphy, Hesse, Toomey & Lehane, LLP, presented “COVID-19 Now and Later – Navigating the COVID-Related Issues of Today and Preparing for the Changed Workplace of Tomorrow”. They began their presentation with discussing the American Rescue Plan Act (“ARPA”), which was followed by the topic “ARPA: COBRA Premium Coverage”. During the Read More
MHTL supports the international effort to help Ukraine and bring an end to the political and humanitarian crisis that is unfolding. Too long has the world, and this country also, allowed bad actors to use the weapons of war, including the threat of nuclear war, to achieve immoral and illegal ends. Ending the crisis in Ukraine is not enough. The world needs a solution, short of violence and war, to make sure that bad actors and those who Read More