In the famous American comic strip, The Wizard of Id, the Golden Rule means “Whoever has the gold makes the rules!” And so it’s been in the construction industry time immemorial. In this episode, Bob and Brad Croft discuss Tocci Building Corp. v. IRIV Partners and how the Golden Rule shaped recent statutory enactments in the construction industry a…

Guest Paul Edelstein joins Bob Stetson to explore the critical issue of self-help evictions and the fight for housing justice. This episode centers on the Solis family from Brooklyn, New York, who faced a harrowing eviction attempt by their landlord, employing tactics like utility shutoffs, demolition work, and false legal notices. Their subsequent…

Listen to Bob Stetson and returning guest Ben Robbins from the New England Legal Foundation explore the separation of powers in the context of federal administrative agencies, the historical expansion of the administrative state, the Supreme Court's 1984 Chevron decision, and its implications for the separation of powers through the lens of a new r…

In this episode of Legal Judg(e)ments, Bob Stetson and his guest, John Elwood, discuss Counterman vs. Colorado, the Supreme Court’s recent decision balancing free speech rights against protection from abuse. Listen as they explore the dynamics of the First Amendment in the age of social media, examining whether online comments can constitute an act…

In this episode of Legal Judg(e)ments, Bob Stetson and his guest, Richard Gottlieb, dissect Coughlin v. Lac Du Flambeau Band of Lake Superior Chippewa Indians, a significant legal battle at the intersection of tribal sovereign immunity and bankruptcy law. They explore the historical concept of sovereign immunity and its application to Native Americ…

In this thought-provoking episode, Bob Stetson and Joshua Thompson, Director of Equality and Opportunity Litigation at the Pacific Legal Foundation, discuss the landmark case of Cedar Point Nursery vs. Hassid and explore the intricate balance between private property rights and public interests. What constitutes a 'taking' and how far government re…

Bob talks with the Institute for Justice’s Mike Greenberg about a Michigan town’s use of drones to enforce a land use regulation in Long Lake Township v. Maxon.Bernkopf

In the first episode of season 3, O’Melveny & Myers LLP’s John Kappos explains to Bob how his representation of two Massachusetts doctors led to a decision on whether medical-aid-in-dying qualifies as a fundamental constitutional right in Kligler v. Attorney General.Bernkopf

Season 3 of Legal Judg(e)ments officially launches on Monday, October 16.Bernkopf

In Season 2’s final episode, Bob and Joe Simons discuss Hines v. Cummings Properties; a closely watched commercial real estate case in which an appellate court invalidated a commonly used lease acceleration clause as an unenforceable penalty.Bernkopf

Bob and nationally renowned appellate attorney, MC Sungaila discuss In re Grand Jury – the closely-watched attorney-client privilege case that made its way up to the Supreme Court – and how the scope of the attorney-client privilege can have significant, real-world impacts on the practice of lawyering for businesses and corporations.…

Bob and Sammy Nabulsi discuss the sprawling legal battle over the reconstruction of a bridge in Boston Harbor at the center of City of Boston v. Conservation Commission of Quincy.Bernkopf

Bob and class action defense lawyer Mark Aronsson discuss Cabrera v. Auto Max Preowned, Inc. and how a judge's interpretation of a procedural rule can lead to bet-the-company litigation.Bernkopf

Bob and Frank Saccoccio discuss how the Supreme Court’s originalist interpretation of the Second Amendment led a court to invalidate Rhode Island’s stun gun ban in O’Neil v. Nerohna.Bernkopf

Bob and Greg Pagnini discuss how monks brewing beer led to federal litigation involving the Religious Land Use and Institutionalized Persons Act in Shrine of St. Nicholas v. Marblehead.Bernkopf

Bob and New England Legal Foundation's Ben Robbins discuss Tracer Lane II Realty, LLC v. City of Waltham and how the unintended consequences of a 1946 zoning bylaw could include the development of large-scale solar systems in residential neighborhoods.Bernkopf

Bob talks with legal titan Wayne Dennison to discuss his high-profile representation of international movie star Johnny Depp in what's been dubbed the first "trial by Tik Tok": Depp v. Heard.Bernkopf

Bob and Robert Galvin discuss Tenczar v. Indian Pond Country Club, Inc. and what happens when a home ostensibly becomes a part of a golf course.Bernkopf

Bob and Liberty Counsel’s Roger Gannam talk about Shurtleff v. City of Boston; the United States Supreme Court’s landmark First Amendment case involving the City’s flag-raising program.Bernkopf

We’re back with another season of Legal Judg(e)ments! Catch-up on Season 1 now and subscribe wherever you get your podcasts. The new season begins on October 17th.Bernkopf

In the final episode of Season 1, Bob talks with Scott Sinrich about his pro bono work in Stearns v. Montiero and how, despite popular belief, lawyering remains a noble profession.Bernkopf Goodman

In discussing Cunningham v. Lyft, Bob and New England Legal Foundation’s Ben Robbins address recent judicial interpretations of the Federal Arbitration Act, how they impact the business and legal world and whether countermeasures employed by the plaintiffs’ bar will make big business think twice about arbitration in the future.…

In discussing Avila v. Boston Public Health Commission, Bob and Jordana Greenman talk about whether Boston’s eviction moratorium violates “due process of law” and how campaign rhetoric may have led to the implementation of this law.Bernkopf Goodman

Bob and Dan Dain talk about the role of the judiciary in land use litigation and how the concept of “injury”, as interpreted by the court in Murchison v. Zoning Board of Appeals of Sherborn, saved real estate development in Massachusetts, particularly in “down zoning” jurisdictions like Boston. Dan also explains how zoning regulations constitute th…

In part II of Sullivan v. Gagliardi, Peter McGlynn and Bob Stetson discuss how the oldest continuous court in the Western Hemisphere rejected the moral principles of St. Thomas Aquinas in the home sale context and what the legislature can do to rectify the decision.Bernkopf Goodman

The first in a two-part episode about Sullivan v. Gagliardi. Peter McGlynn talks to Bob about what happens when your client’s home turns into a nightmare. This is a must-listen for all home owners and real estate attorneys.Bernkopf Goodman

Attorney Joe Downes tells Bob about his legal strategies in Bass River Tennis Corp. v. Barros; a battle for control over a popular tennis club that led to five different lawsuits and eleven separate appeals.Bernkopf Goodman

Bob sits down with Jennifer LaManna to talk about her forceful and successful defense of the First Amendment in Shak v. Shak. This episode is a must-listen for all divorce practitioners.Bernkopf Goodman

Bob "Zooms” with Andy Caplan about his case Curtatone v. Barstool Sports, Inc. including how the historical fight against organized crime and modern “virtue signaling” set the stage for a fight between a well-known and popular media personality and the mayor of a city just outside of Boston.Bernkopf Goodman

Bob talks with the author of a popular legal treatise, Jordan Shapiro, about his case Haddad v. Haddad and how the trusts and estates bar can virtually eliminate will contests by using modern technology. As a bonus, Jordan also discusses an important homestead law development.Bernkopf Goodman

Bob is joined by Andrea Martin to discuss her groundbreaking case of UMNV 205 – 207 Newbury LLC v. Caffe Nero Americas, Inc. They also discuss how swimming led to this momentous application of the doctrine of frustration of purpose in the middle of a pandemic.Bernkopf Goodman

Oliver Wendell Holmes, Jr. said, “The life of the law has not been logic; it has been experience.” But, that famous statement misses a key ingredient in the law: the lawyers. Legal judgments often depend on the judgements of lawyers just as much as logic or societal experience. Boston trial lawyer Bob Stetson examines the litigation strategies and …