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   State Courts - Massachusetts - March 9, 2007

  
Emco-Belsito v. Emco, Opinion No.: 97656, Docket Number: 2006-1666B, SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, March 9, 2007, Filed
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Overview: Estate co-administrators were not entitled to a rehearing on a motion for further injunctive relief, directing that the full amount owed by mortgagors be paid, as an appeal in a related probate court case had not yet been taken and the total amount of indebtedness in the instant case had not yet been determined.

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Jordan v. Hargrave, Opinion No.: 97462, Docket Number: 2004-02988, SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, March 9, 2007, Decided
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Overview: Defendants were entitled to summary judgment on plaintiff employee's negligence action arising out of a car accident because there were genuine issues of material fact as to whether the employee had been paid workers' compensation benefits.

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Ortiz v. LeBovidge, Opinion No.: 97742, Docket Number: 06-1092, SUPERIOR COURT OF MASSACHUSETTS, AT BRISTOL, March 9, 2007, Decided , March 9, 2007, Filed
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Overview: Plaintiff was not entitled to declaratory judgment that alimony provisions of Mass. Gen. Laws ch. 208, § 34 violated various state and federal constitutional rights to privacy, due process, and equal protection or Mass. Const. Decl. Rights art. 30 and 106 as the institution of marriage was properly within scope of the Commonwealth's police power.

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Saunders v. Ready, No. 06-P-403, APPEALS COURT OF MASSACHUSETTS, March 9, 2007, Decided
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Overview: Patient's offer of proof was sufficient to pass medical malpractice tribunal stage under Mass. Gen. Laws ch. 231, § 60B because permissible inferences could be made from letters written by orthopedic surgeon on her behalf that a doctor who performed her hip replacement surgery deviated from the standard of care, resulting in sciatic nerve damage.

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