Massachusetts Appeals Court rules “the defendant [Treasurer Deb Goldberg] has not demonstrated, as she must, a likelihood of success on appeal.”
UPDATE (Sept. 18, 3pm): From Shannon O’Brien attorney Joe Baerlein as spokesperson: “Chair O’Brien, Chair of the Cannabis Control Commission (CCC) is gratified to learn that Treasurer Goldberg will not pursue any further appeal, and that the independent CCC can operate without any further interference from the Treasurer.
“Even after defeat, Treasurer Goldberg tries to save face. Anyone who reads the Superior Court’s decision and underlying evidence will conclude that Chair O’Brien did not harass, bully, intimidate or discriminate against anyone.
“Treasurer Goldberg is the only person who reached this conclusion, based on ‘blinkered’ reasoning after she brought a case that was “a house of cards.” Chair O’Brien stood up for herself and bravely fought for justice.
“Chair O’Brien looks forward to continuing her career of exemplary public service and ensuring that the CCC fulfills its statutory obligations so that the CCC can serve the public as originally intended.“
As things look at this moment, Shannon O’Brien will soon return to her position as chair of the Massachusetts Cannabis Control Commission.
After a yearslong legal battle between O’Brien and state Treasurer Deb Goldberg about the latter’s firing the former, on Sept. 2 Superior Court Judge Robert Gordon found that “O’Brien’s actions did not constitute ‘gross misconduct’ … and contrary to the Treasurer’s interpretation, removal under [state law] required a showing that O’Brien was unable to discharge the powers and duties of her office.”
The judge also ruled that O’Brien, who was suspended in September 2023 and formally fired from the CCC in September 2024, “shall be reinstated to her position … effective immediately”—with backpay.
But Goldberg, whose case painted O’Brien as “boorish,” “abrasive,” and “ill-tempered,” among other things, disagreed. Her lawyers from the state Attorney General’s Office filed an appeal with the court right away.
The appeal motion interfered with O’Brien’s ordered return. Per the fired chair’s attorneys, after the Sept. 2 decision came down, “Chair O’Brien had reached out to CCC Executive Director [Travis Ahern] … and had planned to return to her job [that] Friday to discuss CCC business and planned to Chair the September 11th CCC board meeting.”
And now, it seems that may happen after all. An appeals court judge ruled on Wednesday, Sept. 17:
The defendant has filed a motion for a stay pending appeal of the Superior Court’s judgment entered on September 2, 2025, vacating the defendant’s decision to remove the plaintiff as a commissioner and chair of the Cannabis Control Commission. In particular, the defendant seeks a stay of that part of the judgment that orders the plaintiff to be immediately reinstated as chair. The plaintiff opposes the motion.
A party seeking a stay pending appeal pursuant to Mass. R. A. P. 6(b)(1) must demonstrate “(1) the likelihood of appellant’s success on the merits; (2) the likelihood of irreparable harm to appellant if the court denies the stay; (3) the absence of substantial harm to other parties if the stay issues; and (4) the absence of harm to the public interest from granting the stay” (citation omitted). C.E. v. J.E., 472 Mass. 1016, 1017 (2015).
After careful review of the papers submitted, including the judge’s comprehensive memorandum of decision and order, the defendant has not demonstrated, as she must, a likelihood of success on appeal. Accordingly, the motion for a stay is denied.
O’Brien attorney Joe Baerlein explained the decision: “[Goldberg] lost on the appeal of Shannon [being] able to go back to work.” But the treasurer “can still appeal the merits of Judge [Robert] Gordon’s decision.” And indeed she is.
Speaking as a spokesperson for O’Brien, Baerlein said, “Treasurer Goldberg should stop her wasteful spending of taxpayer dollars in her continued attempt to smear Shannon O’Brien’s excellent reputation. The Treasurer has spent over $1 million on private lawyers and is now spending valuable resources from the state attorney general’s office in prolonging this appeal. It’s time for Treasurer Goldberg to stop her fleecing of taxpayer dollars.”
