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Murphy, Hesse, Toomey & Lehane, LLP Attorney Triumphs in Mask Mandate Lawsuit

 

On November 16, 2021 a Judge ruled in favor of Attorney Peter Mello of Murphy, Hesse, Toomey & Lehane, LLP and his clients in a lawsuit regarding mask mandates in Massachusetts schools. The Plaintiff’s filed a preliminary injunction in hopes of barring the Defendants’ from enforcing mask mandates on students while in school. They argued that “the defendants lacked authority to issue and implement the mask mandates, that the mandates violate parents’ constitutional rights to make decisions regarding their children’s health, and that mask wearing is ineffective and harms children.” After hearing from the Plaintiff’s experts and past cases, the Judge ultimately denied the motion for preliminary injunction. The case made headlines in several local papers and highlighted the Judge’s strong criticism of the Plaintiff’s arguments, for example he described their argument as being “premised upon nonauthoritative cases as well as thin and heavily contradicted evidence.” He went on to provide some case examples of his own, comparing the mask mandates to previous cases at “the intersection of schools and public health, such as a 1905 challenge to requiring smallpox vaccinations.”

 

Mr. Mello focuses his practice in municipal law and general civil litigation, including in the areas of construction, land use and zoning, wetlands and school law, among others. He has advised private clients and governmental entities alike regarding myriad and diverse issues, including employment, energy-related issues, licensing, procurement, public records, meeting procedures, conflict of interest, and many others. He practices routinely before state and federal courts and state agencies in Massachusetts and has written and presented extensively on wetlands, construction and labor issues for organizations such as REBA, the Massachusetts School Building Authority, the Massachusetts Municipal Lawyers Association and the Massachusetts Bar Association. Mr. Mello was recognized as a Rising Star by New England Super Lawyers magazine in 2012, 2013 and 2014.

 

Mr. Mello earned his B.A. in Politics, with a Certificate in Legal Studies from Brandeis University and is a graduate of Boston University School of Law. While at Boston University School of Law, he served as a staff editor of the American Journal of Law and Medicine. He is admitted to practice in the Commonwealth of Massachusetts, the United States District Court for the District of Massachusetts and the United States Court of Appeals for the First Circuit.

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Murphy, Hesse, Toomey & Lehane, LLP Partner Presents for the 67th IFEBP Annual Conference

  Attorney Katherine Hesse, a Partner at Murphy, Hesse, Toomey & Lehane, LLP and a CEBS Compliant ISCEBS Fellow, presented at the International Foundation of Employee Benefit Plans (IFEBP) 67th Annual Conference in Denver, Colorado. Ms. Hesse has been presenting for the IFEBP for over 30 years. Her presentation, which was in collaboration with senior partner of Novara Tesija Catenacci McDonald & Baas PLLC, Paul O. Catenacci, was titled “Benefit Megatrends”. Ms. Hesse and Mr. Catenacci held two sessions of the Read More

Legal Updates

The American Rescue Plan Act’s Aid Allocations to State, Local Governments, and Schools

On March 11, 2021, President Biden signed the American Rescue Plan Act (“ARPA”) which provides for a $1.9 trillion economic stimulus package. State and local governments, and also many educational entities, will receive substantial funding. Having endured the last year of the global COVID-19 pandemic, both states and local governments, as well as schools, have experienced unexpected expenses, losses in revenues, and budgetary burdens. The purpose of this Client Alert is to explain generally how funds from the ARPA relief aid have been designated to alleviate those COVID-19-related challenges.

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