Mass. Court Says Associate Professor at Christian College Is Not a Minister
An associate professor at a Christian liberal arts college is not considered a minister and is therefore protected from discrimination during her employment, the Massachusetts Supreme Court has found.
Typically, the ministerial exception applies to employees of religious institutions who carry out the duties of a minister, such as teaching religion or religious texts, leading prayers or delivering sermons. The exception means that these employees are not subject to the same protections of civil law prohibiting employment discrimination based on things like race, religion, national origin, sex or sexual orientation.
Is a dead person still required to pay restitution to his victim?
That is the question the Colorado Supreme Court will take up, after announcing on Monday it will hear a matter involving a criminal defendant who died during his appeal, prompting a lower court to expunge the entire case, including a restitution order. Known as “abatement ab initio,” the legal doctrine results in defendants having no charges on their record if they happen to die after a conviction, but before the final outcome of their appeal.
The origins of the doctrine are unclear, and some states have never honored it, wrote Timothy A. Razel in a 2007 paper on the subject. Razel referenced the case of former Enron CEO Kenneth Lay, who died of a heart attack in 2005 in Colorado after being convicted for conspiracy and fraud. A federal judge later dismissed a restitution claim from one of Lay’s victims, pointing out that the tens of millions of dollars the government might try to recoup from Lay were off limit
Is Boston s No 3 dog name a tribute to Charlie Baker? We ll say yes boston.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from boston.com Daily Mail and Mail on Sunday newspapers.
Today
Mainly clear. Low 37F. NNW winds at 15 to 25 mph, decreasing to 5 to 10 mph. Winds could occasionally gust over 40 mph..
Tonight
Mainly clear. Low 37F. NNW winds at 15 to 25 mph, decreasing to 5 to 10 mph. Winds could occasionally gust over 40 mph. Updated: April 7, 2021 @ 3:14 pm
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The Massachusetts Supreme Judicial Court recently addressed the
question of what pleading standard is required in Massachusetts to
allege parallel state law claims involving medical devices to avoid
preemption under the federal law regulating medical devices.
The Court s decision sheds light on the lack of consensus among
state and federal courts on this issue, which may impact the time
and resources that litigants and the courts expend on claims that
may later prove to be meritless.
To read the full text of this post by Duane Morris