News

Murphy, Hesse, Toomey & Lehane, LLP Partner Receives Second Favorable Decision in Mask Mandate Lawsuit

 

In November of 2021 Attorney Peter Mello, a Partner with Murphy, Hesse, Toomey & Lehane, LLP received a favorable decision on behalf of his clients from a Superior Court Judge regarding a preliminary injunction against the enforcement of wearing masks in schools. The denial of the injunction ultimately made headlines in several local papers. Shortly thereafter, the Plaintiffs’ appealed to a Single Justice of the Appeals Court in hopes of a review of the order denying their request for a preliminary injunction. Attorney Mello presented on behalf of the school district defendants at the Single Justice hearing last week. Upon review, the Single Justice’s decision proclaimed that the Plaintiffs were not entitled to a preliminary injunction, therefore, the petition for interlocutory relief from the Superior Court Judge’s denial of a preliminary injunction is also denied.

 

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.

Latest News

Statutory Regulations Released for Interagency Review of Complex Cases

On March 1, 2024, EOHHS and DESE released the long-awaited, final adoption of the regulations governing the Interagency Review of Complex Cases (published as 101 CMR 27.00). These regulations had been anticipated since the Massachusetts Legislature passed “An Act Addressing Barriers to Care for Mental Health” in August, 2022. The purpose of the law is the establishment of a team that will collaborate on complex cases where there is an urgent need to address a lack of consensus between state agencies about the service needs or placement of an individual. This replaces what was known as the Unified Planning Team, or “UPT”. The co-chairs of the IRT will be the secretary (or a designee) from EOHHS and the commissioner (or a designee) of DESE.

Legal Updates

Statutory Regulations Released for Interagency Review of Complex Cases

On March 1, 2024, EOHHS and DESE released the long-awaited, final adoption of the regulations governing the Interagency Review of Complex Cases (published as 101 CMR 27.00). These regulations had been anticipated since the Massachusetts Legislature passed “An Act Addressing Barriers to Care for Mental Health” in August, 2022. The purpose of the law is the establishment of a team that will collaborate on complex cases where there is an urgent need to address a lack of consensus between state agencies about the service needs or placement of an individual. This replaces what was known as the Unified Planning Team, or “UPT”. The co-chairs of the IRT will be the secretary (or a designee) from EOHHS and the commissioner (or a designee) of DESE.

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