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   State Courts - Massachusetts - January 31, 2006

  
Adoption of Elena, SJC-09586, SUPREME JUDICIAL COURT OF MASSACHUSETTS, January 31, 2006, Decided
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Overview: Trial judge gave due consideration to whether mother's unfitness was temporary. There was ample evidence children would suffer if returned to custody of mother; among other things, mother had long history of involvement with drugs and abusive men and did nothing that was asked of her in terms of counseling and rehabilitation for over six moths.

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Bessette v. Steele, Docket Number: BRCV2004-00885, SUPERIOR COURT OF MASSACHUSETTS, AT BRISTOL, January 31, 2006, Decided , January 31, 2006, Filed
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Overview: Daughters were entitled to summary judgment in breach of contract action. Although mother, before her death, purported to convey remainder interest in property to son, mother was bound by agreement with father that called for distribution of proceeds from premises to daughters and son, and son had actual notice of this agreement.

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Cordeiro v. O'Connor, Docket Number: 02-068, SUPERIOR COURT OF MASSACHUSETTS, AT BARNSTABLE, January 31, 2006, Decided
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Corrado v. Hedrick, No. 05-P-287, APPEALS COURT OF MASSACHUSETTS, January 31, 2006, Decided
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Overview: Where the trial judge found that abuse had not occurred but he extended abuse prevention orders to keep plaintiff and the fiance apart pending resolution of a property dispute, the trial judge erred. Where abuse under Mass. Gen. Laws ch. 209A, § 1 had not occurred, the remedies under Mass. Gen. Laws ch. 209A, § 3 were unavailable.

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Lichtenfeld v. Bucknum, Docket Number: 05-2205, SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, January 31, 2006, Decided
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Overview: Shareholder lacked requisite standing to bring derivative because no admissible evidence contradicted the legal presumption that the corporation's board acted reasonably and in good faith when it voted not to pursue litigation against corporate officers after they sold their stock before announcing that a drug was being withdrawn from the market.

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Pro Con, Inc. v. J&B Drywall, Inc., Docket Number: 03-2063-C, SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, January 31, 2006, Filed
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Overview: Contractor's claim for tort recovery against insulation manufacturer was precluded by the economic loss doctrine since the insulation became an integral component of hotel's wall system and the underlying basis of bargain was the construction of the hotel, not the use of insulation by itself; thus contractor's claim for contribution also failed.

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