Matthew Barison, Author at Matthew Barison

The Massachusetts Consumer Protection Act – 93A

Massachusetts state law provides strong protections for consumers who have been subject to unfair or deceptive commercial practices. The Consumer Protection Act, also referred to as “93A” for the chapter in which it appears in Massachusetts laws (see text here), authorizes both individuals and the Attorney General to bring claims against offending businesses. When bringing a claim as an individual, the process begins with a 93A demand letter which outlines the nature of the […]

By Matthew Barison|2020-11-01T17:37:58+00:00November 30, 2015|Consumer Protection|0 Comments

BP Oil Spill Settlement

Today BP agreed to an $18.7B settlement agreement regarding its role in the 2010 Deepwater Horizon oil spill in the Gulf of Mexico. The settlement effectively ends all federal and state claims against the oil giant. Here is a breakdown of that $18.7B figure:

$5.5B for violation of the Clean Water Act;
$7.3B for damage to natural resources;
$4.9B for state claims (LA, MS, AL, FLA);
$1.0B in claims by local governments.

This outcome is the largest environmental law settlement in US history.

Benefits […]

By Matthew Barison|2020-11-01T17:37:58+00:00July 2, 2015|Environmental Law|0 Comments

Personal Liberties & Ballot Initiatives: MA v. CA

In many states, including Massachusetts, residents can legislate directly through the ballot initiative process. Recently, such proposals have included: expanding bottle deposits, repealing the casino law, and mandating paid employee sick leave.

In MA, the process for bringing forth such petitions is detailed in Article 48 of the Massachusetts Constitution. First, the proposal must have the support of ten voters. Then, the Attorney General must review the proposal to make sure it does not […]

By Matthew Barison|2020-11-01T17:37:58+00:00March 26, 2015|Constitutional Law, LGBT Rights|0 Comments

Crimes of Moral Turpitude, J-1 and J-2 Visas, and Deportation.

In addition to snow, the Metro Boston area has a lot of other assets, such as the fact that we are home to many of America’s top educational institutions. Beyond the academy, we have robust aerospace, defense, robotics and biotechnology industries. Our unique education to employment pipeline fosters innovation and attracts talent worldwide.

Many of our foreign students, scholars and researchers are residing here under the State Department’s J-1 work-study visa program; in fact, there are over […]

By Matthew Barison|2020-11-01T17:38:15+00:00February 9, 2015|Criminal Justice, Immigration Law|0 Comments

Overview of the Massachusetts Court System

The Massachusetts court system is vast and can be confusing, especially for litigants going it alone, or pro se. Although we may think ourselves expert DIY-ers, attempting to navigate the courts without an attorney is akin to navigating Boston Harbor without a chart… you might make it, but the chance of running aground on submerged hazards is high.

Trial Courts

District Courts are the rough-and-tumble bedrock of the court system; there are 62 of them in cities and towns throughout the […]

By Matthew Barison|2020-11-01T17:38:15+00:00November 11, 2014|Court System, Legal Overviews|0 Comments

Arbitration Clauses and Employment Discrimination

Massachusetts has strong protections against employment discrimination. It is against the law for employers to discriminate against employees based on “race, color, religious creed, national origin, sex, gender identity, sexual orientation . . . genetic information or ancestry.” This language is taken from Massachusetts General Laws, chapter 151B, section 4, the Commonwealth’s main anti-discrimination law. All claims asserted under 151B must initially be filed with the Massachusetts Commission Against Discrimination (MCAD) for review.

While the 151B process appears […]

By Matthew Barison|2020-11-01T17:38:15+00:00September 18, 2014|Arbitration, Discrimination|0 Comments

Citizen Suit Forces Georgia City to Clean Up Raw Sewage
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Citizen Suit Forces Georgia City to Clean Up Raw Sewage

Environmental Law, Race

Citizen Suit Forces Georgia City to Clean Up Raw Sewage

The Clean Water Act (CWA), passed in 1972, is one of America’s most important pieces of environmental legislation. The law regulates the release of pollutants into surface waters, and establishes federal enforcement authority. A key component of the CWA is the “citizens’ suit” provision which gives individuals the right to sue not only polluters themselves, but also the government for failure to exercise its enforcement authority.

The CWA’s citizens’ suit authority was recently invoked in a case out of […]

By Matthew Barison|2020-11-01T17:38:15+00:00August 18, 2014|Environmental Law, Race|0 Comments

SJC Rules that Smell of Unburnt Marijuana DOES NOT Justify Warrantless Searches of Cars.
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SJC Rules that Smell of Unburnt Marijuana DOES NOT Justify Warrantless Searches of Cars.

Criminal Justice, Marijuana Law

SJC Rules that Smell of Unburnt Marijuana DOES NOT Justify Warrantless Searches of Cars.

The Supreme Judicial Court just released an important decision regarding the police’s ability to conduct warrantless searches of automobiles based on the smell of marijuana.

Some background: In 2008, Massachusetts voters decriminalized the possession of one ounce or less of marijuana. This meant that if you were caught with an oz. or less, you would be subject only to a $100 fine and would face no criminal charges. As a matter of Constitutional law, in order for police […]

By Matthew Barison|2020-11-01T17:38:15+00:00July 10, 2014|Criminal Justice, Marijuana Law|0 Comments

Sullivan Courthouse/Jail Empty at Last
Sullivan Courthouse/Jail Empty at Last

Criminal Justice

Sullivan Courthouse/Jail Empty at Last

Ever wonder why the Cambridge District Court is located in Medford?

Until 2008, the Cambridge District Court, Middlesex Superior Court, Middlesex District Attorney’s office and Middlesex county jail were all located in East Cambridge at the Edward Sullivan Courthouse. The building is well known locally for its distinctive red stripe on the 17th floor; the courts and DA’s offices were located below the stripe, and the jail was located “above the red.”

However, the building, dating from 1971, suffered from a whole […]

By Matthew Barison|2020-11-01T17:38:15+00:00July 1, 2014|Criminal Justice|0 Comments

Obama Administration Quietly Advances Transgender Rights

‘It’s quiet by design, because the louder you are in Washington, the more the drama.”

Ever since “coming out” in support of same-sex marriage in May of 2012, President Obama has been working behind-the-scenes to advance the rights of transgender Americans. The administration has expanded the reach of hate crimes legislation, increased access to health care and strengthened public accommodation laws.

This change has come solely from the Executive branch, as Congress continues its reign of dysfunction. Nonetheless, these developments represent […]

By Matthew Barison|2020-11-01T17:38:15+00:00June 23, 2014|LGBT Rights|0 Comments

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