Legal Opinion
Apkin v. Treasurer & Receiver General
Massachusetts Supreme Judicial Court
Decided January 6, 1988PublishedCited by 28 opinions
1Opinion of the CourtWilkins, J.
We deal with a provision of the Constitution of the Commonwealth which requires all Massachusetts judges to retire at the age of seventy and the contention of the plaintiff judge that a 1986 amendment to the Federal Age Discrimination in Employment Act (FADEA) overrides that requirement and bars the defendants from retiring him at the age of seventy.
The Honorable Benjamin Apkin has served as a judge in the District Court of the Commonwealth since his nomination and appointment in 1957 by the Governor, with the advice and consent of the Council, pursuant to Part II, c. 2, § 1, art. 9, of the…
2Cases cited16 opinions
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Edelman v. JordanSupreme Court of the United States · 1974
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
- United States v. BassSupreme Court of the United States · 1971
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3Cited by28 opinions
- McGuinness v. CotterMassachusetts Supreme Judicial Court · 1992
- Santiago v. CommonwealthMassachusetts Supreme Judicial Court · 1998
- Kyte v. Philip Morris Inc.Massachusetts Supreme Judicial Court · 1990
- Child Support Enforcement Division of Alaska v. BrenckleMassachusetts Supreme Judicial Court · 1997
- Schlitz v. CommonwealthCourt of Appeals for the Fourth Circuit · 1988
23 more not listed; retrieve them via the Exa API.