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   State Courts - Massachusetts - January 24 - January 25, 2006

  
Brooks Automation, Inc. v. Blueshift Techs., Inc., Docket Number: 05-3973-BLS2, SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, January 24, 2006, Filed
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Overview: Filing of former employer's action against employee and his corporation constituted unfair and deceptive act or practice in trade or commerce in violation of Mass. Gen. Laws ch. 93A; the action, which alleged violation of noncompete agreement, was filed with reckless disregard as to whether there was any reasonable factual support for allegations.

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Terra Nova Ins. Co. v. Metro. Antiques, LLC, Docket Number: 03-3718, SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, January 24, 2006, Decided
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Overview: Declaratory judgment was entered declaring that insurer had no duty to defend insured in class action alleging violation of TCPA as policy covered property damages caused by occurrence. Occurrence had to be accidental in nature and insured's actions in sending unsolicited facsimiles to class representatives and class members was not accidental.

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Waters v. Earthlink, Docket Number: 01-628, SUPERIOR COURT OF MASSACHUSETTS, AT BARNSTABLE, January 24, 2006, Decided
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Overview: A court could not reach a determination on the issue of class certification in an action by an Internet customer against Internet service providers, asserting breach of contract and a violation of Mass. Gen. Laws ch. 93A due to Internet interruptions, and further submissions on specified issues were needed.

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Comm'r of Corr. v. Turner, Docket Number: 06-0124, SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, January 25, 2006, Filed
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Overview: Commissioner's request for injunctive relief was denied as inmate's interest in refusing medical treatment for stroke outweighed state's interest in preserving life as it was unclear whether inmate's prognosis was different with medication and inmate was refusing treatment as he believed that he would receive better treatment at medical center.

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Doherty-Grimes v. Zoning Bd. of Appeals, Docket Number: BRCV2005-00832, SUPERIOR COURT OF MASSACHUSETTS, AT BRISTOL, January 25, 2006, Decided , January 25, 2006, Filed
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Galvin v. Mass. Mut. Life Ins. Co., Docket Number: 05-4602 BLS, SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, January 25, 2006, Decided , January 25, 2006, Filed
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Overview: Request by the Secretary of the Commonwealth of Massachusetts to compel compliance by an insurance company with a subpoena was allowed as the company was required to produce, under Mass. Gen. Laws. ch. 110A, § 407(b), any record that the Secretary deemed relevant or material to an inquiry as to a mutual fund company owned by the insurance company.

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Lingis v. Waisbren, Docket Number: 2001-2747-E, SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, January 25, 2006, Filed
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Overview: An attorney dismissed a medical negligence case without his client's knowledge or consent. His multiple acts of negligence, coupled with his deceit in claiming that the client had consented to dismissal and in giving her a false story as to why she had no case, established that he willfully violated Mass. Gen. Laws ch. 93A, § 9.

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Rattigan v. Wile, SJC-09479, SUPREME JUDICIAL COURT OF MASSACHUSETTS, January 25, 2006, Decided
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Overview: A private nuisance judgment in the amount of $ 337,200 was upheld with modifications in favor of the plaintiff homeowners where they established that a neighbor's placement of portable toilets and other visual conditions and his helicopter flying constituted a nuisance and were purposeful actions to harass the homeowners.

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