DIRECTV, LLC, et al. v. Department of Revenue (Lawyers Weekly No. 10-024-15)
State excise tax on satellite video programming services upheld against dormant commerce clause challenge; businesses not similarly situated.
department
Kelley, et al. v. Boston Fire Department, et al. (Lawyers Weekly No. 11-150-14)
Fire lieutenants' appeal of civil service appointment procedures remanded to commission; city's appeal of remand order dismissed as premature.
J.W. v. Department of Developmental Services, et al. (Lawyers Weekly No. 11-120-14)
Administrative review of transfer of intellectually disabled resident from closing state facility; scope of hearing officer's duty to consider alternative placements.
Massachusetts Electric Company, et al. v. Department of Public Utilities (Lawyers Weekly No. 10-153-14)
Electric utilities challenged storm-response penalties. The court held the DPU correctly applied a reasonableness standard rather than industry-based prudence, vacated penalties unsupported by substantial evidence on specific days, and affirmed the remainder.
Kewley v. Department of Elementary and Secondary Education, et al. (Lawyers Weekly No. 11-099-14)
Appeals court affirmed that new licensing board for speech-language pathologists could require board licensure despite preexisting DESE license.
Nautical Tours, Inc. v. Department of Public Utilities (Lawyers Weekly No. 10-147-14)
Department of Public Utilities lacked jurisdiction to issue municipal street license for amphibious sightseeing vehicles; Boston police commissioner has exclusive authority under special statute.
Service Employees International Union, Local 509 v. Department of Mental Health (Lawyers Weekly No. 10-138-14)
Union has direct standing to seek declaratory relief challenging agency's assertion that privatization law does not apply to contracts, but must join private vendors as necessary parties to proceed.
Stone-Ashe v. Department of Environmental Protection, et al. (Lawyers Weekly No. 11-082-14)
Department of Environmental Protection's jurisdictional determination over seawall upheld where historic map evidence supported location of high water mark landward of seawall.
Younker v. Department of Transitional Assistance (Lawyers Weekly No. 11-067-14)
Age discrimination claim survives summary judgment where agency's stated business reason for demotion is disputed by conflicting evidence.
Ramzi, Inc., et al. v. Department of Public Health (Lawyers Weekly No. 11-053-14)
WIC vendor disqualification reversed and remanded where agency failed to apply notice requirement for pattern violations under federal regulation superseding prior state practice.