Posts tagged "Registration"

Vilbon v. Board of Registration in Nursing (Lawyers Weekly No. 10-065-18)

(adsbygoogle = window.adsbygoogle || []).push({});

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12359

CARLINE VILBON  vs.  BOARD OF REGISTRATION IN NURSING.

April 18, 2018.

Board of Registration in Nursing.  Nurse.  License.  Moot Question.  Supreme Judicial Court, Superintendence of inferior courts.

Carline Vilbon appeals from a judgment of the county court dismissing as moot her appeal under G. L. c. 112, § 64, from an order of the Board of Registration in Nursing (board) indefinitely suspending her nursing license.  The grounds for the suspension were that Vilbon had not satisfied the educational requirements for licensure in Massachusetts and that she had engaged in deceptive conduct to obtain a license.  While the matter was pending before the single justice, the board reconsidered and withdrew its finding that Vilbon had engaged in deceptive conduct, acknowledging that it had erred in making this finding.  In addition, Vilbon remedied the deficiencies in her education.  The board therefore reinstated her license.  Vilbon now argues that, despite the reinstatement of her license, she has suffered further harm for which the board should compensate her and that sanctions should be imposed on the executive director of the board.  However, under the “plain and unambiguous language of G. L. c. 112, § 64,” Hoffer v. Board of Reg. in Medicine, 461 Mass. 451, 456 (2012), our authority is limited to “revising or reversing the decision of the board” suspending her license.  The statute does not provide for any further relief.  As Vilbon has received all the relief that is available under G. L. c. 112, § 64, the single justice properly dismissed the matter as moot.  See Padmanabhan v. Centers for Medicare & Medicaid Servs., 476 Mass. 1018, 1019 (2017), citing Rasten v. Northeastern Univ., 432 Mass. 1003, 1003 (2000). read more

Read more...

Posted by Massachusetts Legal Resources - April 18, 2018 at 7:50 pm

Categories: News   Tags: , , , , , ,

Padmanabhan v. Board of Registration in Medicine, et al. (Lawyers Weekly No. 10-111-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12119

BHARANIDHARAN PADMANABHAN  vs.  BOARD OF REGISTRATION IN MEDICINE & another.[1]

June 27, 2017.

Board of Registration in MedicineAdministrative Law, Decision.

The petitioner, Bharanidharan Padmanabhan, appeals from a judgment of a single justice of the county court dismissing his petition for relief in the nature of certiorari pursuant to G. L. c. 249, § 4.  On May 18, 2017, we issued an order affirming the single justice’s judgment and indicated that this opinion would follow. read more

Read more...

Posted by Massachusetts Legal Resources - June 27, 2017 at 3:50 pm

Categories: News   Tags: , , , , , ,

Langan v. Board of Registration in Medicine (Lawyers Weekly No. 10-103-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12242

MICHAEL L. LANGAN  vs.  BOARD OF REGISTRATION IN MEDICINE.

June 13, 2017.

Board of Registration in MedicineDoctor, License to practice medicine.  Practice, Civil, Action in nature of certiorari.

Michael L. Langan appeals from a judgment of the county court denying his petition for relief in the nature of certiorari from a decision of the Board of Registration in Medicine (board).  We affirm.

Background.  Langan is a board-certified physician in geriatrics and internal medicine.  In 2008, after he had tested positive for various controlled substances, he and the board entered into a letter of agreement, under which he agreed to certain conditions in order to continue practicing medicine, including refraining from the use of alcohol and controlled substances without a prescription and submitting to substance use monitoring by Massachusetts Physician Health Services (PHS).  The letter of agreement provided that violating its terms would “constitute sufficient grounds for the immediate suspension of [Langan’s] license,” and that Langan had a right to an adjudicatory hearing as to any violation found by the board. read more

Read more...

Posted by Massachusetts Legal Resources - June 13, 2017 at 3:32 pm

Categories: News   Tags: , , , , , ,

Galiastro, et al. v. Mortgage Electronic Registration Systems, Inc., et al. (Lawyers Weekly No. 10-023-14)

NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC‑11299

ANNE-MARIE GALIASTRO & another[1]  vs.  MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., & another.[2]

Worcester.     October 7, 2013.  ‑  February 13, 2014.

Present:  Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ.

Practice, Civil, Motion to dismiss, Retroactivity of judicial holding.  Retroactivity of Judicial HoldingMortgage, Foreclosure, Real estate.  Real Property, Mortgage.  Consumer Protection Act, Unfair act or practice.  Conspiracy.

Civil action commenced in the Superior Court Department on March 29, 2010. read more

Read more...

Posted by Massachusetts Legal Resources - February 13, 2014 at 3:37 pm

Categories: News   Tags: , , , , , , , ,

Lawless v. Board of Registration in Pharmacy (Lawyers Weekly No. 10-180-13)

NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC‑11366

LEO M. LAWLESS  vs.  BOARD OF REGISTRATION IN PHARMACY.

October 7, 2013.

Supreme Judicial Court, Appeal from order of single justice. PharmacyBoard of Registration in PharmacyAdministrative Law, Adjudicatory proceeding, Hearing.  LicensePractice, Civil, Default, Review of administrative action.

After the Board of Registration in Pharmacy (board) revoked Leo M. Lawless’s license to practice pharmacy for a minimum of two years, Lawless sought judicial review, pursuant to G. L. c. 112, § 62, from a single justice of this court.  The single justice denied the petition for review and a motion for reconsideration, and Lawless appeals.  There was no error. read more

Read more...

Posted by Massachusetts Legal Resources - October 7, 2013 at 4:52 pm

Categories: News   Tags: , , , , , ,