Committee to Protect Access to Quality Dental Care v. Secretary of the CommonwealthAnnotate this Case
In this case concerning the printing and distribution of an initiative petition concerning the establishment of a medical loss ratio for dental insurance the Supreme Judicial Court granted the Secretary's motion to dismiss, holding that Plaintiffs were not entitled to relief.
Plaintiffs filed a complaint bringing claims for certiorari and equitable relief, and for libel, and moved for a temporary restraining order enjoining the Secretary from publishing the proponents' arguments for and against the initiative petition. The Supreme Judicial Court dismissed the complaint, holding (1) Mass. Gen. Laws ch. 54, 54 did not provide Plaintiffs with a private right of action, and therefore, count one of the complaint must be dismissed; (2) the Secretary cannot be held liable for defamation related to a publication required by law; and (3) Plaintiffs' emergency motion for a temporary restraining order was moot.