Tuesday, February 28, The Interplay of Family and Criminal Law: featuring Justice Serge Georges
Thursday, March 9, Medicaid Annuities after Dermody & Mondor
Tuesday, March 28, Challenging Issues in Superior Court Civil Litigation
Wednesday, May 10, The Annual John C. Stevens Family Law Symposium: Benched
Thursday, July 20, Sixth Annual CLE by the Sea: NE Conference for Solos and Small Law Firms
The Interplay of Family and Criminal Law
Tuesday, February 28, 2023, 4:30-6:30, The Screening Room, 82 State Street, Newburyport
Most lawyers either practice family law or criminal law. However, all practitioners need to know how the law and protective remedies can overlap. Motions for 209As; 258Es and 208, sec. 34Bs can be brought in either probate or district court. How do you decide which court to file in? What are the potential strategic and practical considerations? How to best protect your client? This program features expert judges, teachers and practitioners who will share their knowledge and experience to help you protect your clients.
Attend and Learn
What is required to obtain a 209A?
What is the difference between a 209A and a 258E?
How to decide between filing in probate or criminal court?
What are the differences between civil and criminal remedies?
Judges’ perspectives on what you should and shouldn’t do in hearings
Honorable Serge Georges, Supreme Judicial Court and Adjunct Faculty, Suffolk University Law School
Honorable Mary F. McCabe, District Court
Nicole Reilly, Law Offices of Nicole Reilly, Amesbury, MA & Portsmouth,NH
Gary Todd, Todd & Weld and Adjunct Faculty, New England Law
Medicaid Annuities after Dermody & Mondor
Thursday, March 9, 2023, 4:00-6:00 p.m.
In Dermody v. Executive Office of Health & Human Services, issued by the SJC on January 27, the court rejected the plaintiff’s argument that an annuity that satisfies the Medicaid Act’s “sole benefit rule” need not also satisfy the statute’s requirement that annuities name the state as the primary remainder beneficiary on the death of the community spouse. The Court found that MAssHealth can recover costs from a spousal annuity. Lisa Neeley, who represented Dermody, says the SJC’s rulings are likely to trigger “hard discussions” between Medicaid planning attorneys and their clients as to the consequences flowing from the death of the annuitant prior to the end of the term of an annuity. And in a companion case, EOHHS v. Mondor, Brian E. Barreira, counsel for the defendant annuity beneficiaries in Mondor, said while the SJC may have taken spousal annuities off the table as a Medicaid planning tool, lawyers have other means of achieving the same result for their clients. This program dissects the meaning of these decisions and suggests planning strategies.
Attend & Learn
What Are the Lessons Learned from Dermody & Mondor
What Are Alternative Planning Strategies
Why Consider Short Term Annuities for Community Spouse
Brian Barreira, Plymouth
Margot G. Birke, ElderLaw Solutions, Newburyport
Scott Engstrom, Corporate Counsel, Krause Brokerage Services, Wisconsin
Lise M. Neeley, Rubin & Rudman, Boston
Challenging Issues in Superior Court Civil Litigation
Tuesday, March 28, 2023, 4:30-6:30 p.m.
The Screening Room, 82 State Street, Newburyport
Superior Court litigation includes challenges as procedure and law evolve. This program delves into the ever-present issues as to discovery, procedural changes post-Pandemic and Zoom. In addition, the expert faculty addresses both procedural and substantive issues concerning obtaining or opposing preliminary relief. Focus is on anti-SLAPP motion practice and useful litigation strategies pre-litigation and in the early stages of litigation. Recent Wage & Hour Law and employee classification has laid traps for lawyers. Attend this program and get ready for your next Superior Court civil case.
Attend & Learn
Strategies for handling difficult discovery issues
How to spot a complaint or counterclaim that warrants anti-SLAPP motion practice
What do you need to know to avoid litigation and identify key issues in wage and hour litigation
When are treble damages available in wage claims
Hon. John Lu (ret), Chair, Essex Mediation and Arbitration LLC
Hon. Jeffrey T. Karp, Massachusetts Superior Court
Megan C. Deluhery, Todd & Weld, Boston
Thomas Nicholson, Finneran & Nicholson, Newburyport
Michael A. Tucker, MacLean Holloway Doherty & Sheehan, PC., Peabody