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   State Courts - Massachusetts - February 6, 2006

  
Andrew Robinson Int'l, Inc. v. Hartford Fire Ins. Co., Docket Number: 03-0353, SUPERIOR COURT OF MASSACHUSETTS, AT NORFOLK, February 6, 2006, Filed
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Overview: Summary judgment was entered for insureds as ambiguities in policy were construed against insurer. Third party's negligence in releasing dust containing lead might be excluded as "pollutant" but covered as "specified cause of loss," or might be limited or excluded under "limitations" provision but covered as exception to pollution exclusion clause.

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Brown-Forman Corp. v. Alcoholic Bevs. Control Comm'n, No. 04-P-1106, APPEALS COURT OF MASSACHUSETTS, February 6, 2006, Decided
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Overview: Because a wholesaler's right to approve an independent distributor's "pricing strategy" was an insufficient basis upon which to sustain a finding of an agency relationship, the distributor's successor was not required by Mass. Gen. Laws ch. 138, § 25E to make regular sales of certain alcoholic beverage products to the wholesaler.

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Commonwealth v. Baptiste, No. 04-P-581., APPEALS COURT OF MASSACHUSETTS, February 6, 2006, Decided
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Overview: Because defendant was arrested and a passenger was unable to drive, a police officer properly conducted an inventory search before the car was towed; despite the fact that the officer suspected that contraband was in the car, pursuant to Mass. Const. Decl. Rights art. 14 the inventory search was not rendered impermissible.

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Commonwealth v. Kegler, No. 05-P-101, APPEALS COURT OF MASSACHUSETTS, February 6, 2006, Decided
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Overview: Because of defense counsel's cavalier and unilateral disregard of the time requirements of the rules of appellate procedure, and because the issues raised would not warrant reversal of defendant's convictions, the denial of defendant's motions to reinstate his appeal, enlarge the time for filing a brief, and for reconsideration was proper.

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Commonwealth v. Petros, Docket Number: 05-14, SUPERIOR COURT OF MASSACHUSETTS, AT NORFOLK, February 6, 2006, Filed
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Overview: Defendants' motions to suppress were denied as search warrant affidavit provided probable cause under Mass. Const. Decl. Rights art. XIV where four confidential informants had provided reliable information in past, fifth informant's information matched that provided by others, and four informants with reliability history had personal knowledge.

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Commonwealth v. Williams, Docket Number: NOCR 99-08158, SUPERIOR COURT OF MASSACHUSETTS, AT NORFOLK, February 6, 2006, Filed
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Overview: Defendant's motion to withdraw guilty plea was treated as motion for new trial and was denied as plea colloquy met constitutional standards. Defendant was asked approximately 15 times whether plea was voluntary and whether anyone, including judge, had coerced him into pleading guilty. Further, evidence against defendant was overwhelming.

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Drowne v. Lewis, Docket Number: BACV2005-00559, SUPERIOR COURT OF MASSACHUSETTS, AT BARNSTABLE, February 6, 2006, Decided
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Overview: Assignees were not entitled to costs and attorneys fees under Mass. Gen. Laws ch. 231, § 6F, as plaintiffs, who sought to prevent assignees from foreclosing on property, had good faith belief that they were equitable titleholders in property. Earlier judgment confirmed this by proclaiming resulting trust in property for benefit of plaintiff.

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McPherson, Inc. v. Pixelvision of Or., Inc., Docket Number: 04-1861, SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, February 6, 2006, Decided
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Overview: Buyer was awarded damages in the amount of the replacement cost of a camera where at the time the buyer was given the quotation, it was provided with the terms and conditions in the seller's standard contract, which included a limited warranty requiring the seller to repair or replace the camera and a limitation of damages provision.

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