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.
Murphy, Hesse, Toomey & Lehane, LLP, Partner Katherine Hesse gave a plenary presentation on Recent Developments in ERISA on Friday September 16 to members of the Group Legal Services Association (“GLSA”) at its annual meeting in New Orleans. Among the topics she emphasized were what employers/plan sponsors need to know in the aftermath of the Dobbs decision overturning Roe v. Wade and lessons from the Court’s decision in Hughes and other class action litigation as to factors to consider Read More
On August 12, 2022, Governor Charlie Baker signed S. 3096, “An act relative to equity in the cannabis industry,” (“Act”) into law. The Act reforms Massachusetts’s existing marijuana laws, particularly with respect to host community agreements (“HCAs”), community impact fees (“CIFs”), and social consumption sites (e.g. marijuana cafes). The Act empowers the Cannabis Control Commission (“Commission”), the state regulatory agency, to exert greater control over HCAs and their CIFs. Municipalities levy CIFs on cannabis businesses to account for the costs they impose on the municipality as a result of their operations. Additionally, the Act allows municipalities to permit on-premises social consumption of marijuana at designated sites. Other notable provisions of the Act include the new Social Equity Trust Fund (“Trust Fund”), changes to the tax law regarding cannabis businesses, and various provisions concerning those persons and communities most impacted by the prior illegality of marijuana usage and sale. Governor Baker vetoed only one section of the final bill: the provision calling on the state to conduct a study of medical marijuana usage in schools.