Massachusetts Appeals Court judge ruled the COVID-19 vaccine mandate will be paused for unionized firefighters and certain unionized police officers challenging it.
A Massachusetts Appeals Court judge has halted a vaccine mandate for city workers. Several city unions, including Dorchester-based Firefighters Local 718, have waged a legal battle over the mandate. The Superior Court earlier this month denied their motion for a preliminary injunction. On Thursday, an Appeals Court judge issued a stay as a review of the denied preliminary
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Reformation of Trust Supported by Presumption that Settlor Would Not Have Intended Construction Resulting in Payments to Government Rather Than Beneficiaries
Matter of Valerie R. Pecce Supplemental Needs Trust, No. 19-P-591, 2021 WL 1203680 (Mass. App. Ct. Mar. 31, 2021)
Where a mistake in the formation of a trust document is clear, and that mistake would result in excess payments from the trust assets to the government, there is a presumption that the settlor would not have intended such a result. In
Matter of Valerie R. Pecce Supplemental Needs Trust, No. 19-P-591, 2021 WL 1203680 (Mass. App. Ct. Mar. 31, 2021), the settlor had established a trust with reference to the Federal Medicaid statutes for the supplementary benefit of his daughter, who had been born with disabilities and had received Medicaid benefits through the Massachusetts division of medical assistance (“MassHealth”) for many years. At the same time