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   State Courts - Massachusetts - January 3 - January 6, 2006

  
Eresian v. Milbury Sav. Bank, Docket Number: 05-1072-D, SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, January 3, 2006, Filed
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Overview: Failure of realty trust's trustee to refrain from unauthorized practice of law in purporting to represent the trust in court led to dismissal of trust's claims against bank. Court warned that if counsel were not retained, it would eventually rule against trust on bank's counterclaims as well.

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Spellman v. Shawmut Woodworking & Supply, Inc., SJC-09503, SUPREME JUDICIAL COURT OF MASSACHUSETTS, January 3, 2006, Decided
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Overview: An assignment by a general contractor assigning all of its claims against a subcontractor to an injured employee was upheld as valid since any risks of fraud or collusion were mitigated by the employee's responsibility to prove the assigned claims in full but the general contractor's third-party complaint against the subcontractor was dismissed.

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Bithoney v. Pilgrim Ins. Co., Docket Number: 3-1547-E, SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, January 4, 2006, Filed
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Overview: Since the insurer's failure to eliminate unwarranted and misleading "settlement" language in regard to a payment or to advise the injured person, in response to two letters, to disregard that language, violated Mass. Gen. Laws ch. 176D, § 3(9)(f), the injured person was awarded double damages plus interest, costs, and attorney fees.

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Venuto v. Pezzoni, Docket Number: 02-5163, SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, January 4, 2006, Filed
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Overview: Trial court, based on a stipulated agreement entered into between the parties, designated that all material marked as confidential in their pending civil action not be used or disclosed by the parties or counsel for the parties, or other identified parties, for any purposes whatsoever other than conducting the pending civil proceeding.

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Bina v. Marks, Docket Number: 05-5175BLS, SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, January 5, 2006, Decided , January 5, 2006, Filed
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Overview: Landlord's motion for partial summary judgment was denied as to assignees' breach of contract claim as leases did not require tenant to obtain landlord's permission to assign right to sue landlord for breach of contract. Lease provisions prohibited tenant from assigning lease. Tenant's contract right to sue landlord was separate from lease itself.

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In re Subpoena Duces Tecum, SJC-09324, SUPREME JUDICIAL COURT OF MASSACHUSETTS, January 5, 2006, Decided
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Overview: In civil case, district attorney was not entitled to have subpoena duces tecum quashed for videotaped interviews of minors taken in criminal investigation as to alleged sexual abuse by fellow students; privacy exemption in Mass. Gen. Laws ch. 4, § 7, Twenty-sixth (c) did not apply as privacy interests at stake belonged to minors who made request.

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Ortega v. Wakefield Thermal Solutions, Inc., Docket Number: 03-5548 A, SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, January 5, 2006, Decided
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Overview: Company's motion for summary judgment as to a former employee's wrongful discharge action was denied as there was a triable issue of fact as to whether an employment manual created contractual relationship between the employee and the company.

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Commonwealth v. Podkowka, SJC-08788, SUPREME JUDICIAL COURT OF MASSACHUSETTS, January 6, 2006, Decided
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Overview: Since the evidence defendant sought to introduce through cross-examination of the mother, her alleged abuse of drugs during pregnancy and having her parents care for her two-year-old child, amounted to nothing more than improper evidence of bad character, it was properly excluded in the murder trial.

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Moody v. Sex Offender Registry Bd., Docket Number: 2005-00634, SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, January 6, 2006, Filed
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Overview: Inmate's action against Massachusetts DOC was dismissed. The inmate had no liberty interest in being granted parole, his DOC classification did not implicate due process, the DOC policies regarding sex offenders such as the inmate did not implicate due process and were not ex post facto laws, and sovereign immunity barred § 1983 action.

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