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   State Courts - Massachusetts - March 12, 2007

  
Comm'r of the Div. of Unemployment Assistance v. Town Taxi of Cape Cod, Inc., No. 06-P-684., APPEALS COURT OF MASSACHUSETTS, March 12, 2007, Decided
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Overview: Trial court properly affirmed a decision by a board of review that taxi drivers were not employees of a taxi company within the meaning of Mass. Gen. Laws ch. 151A, § 2, and thus the company was not required to pay unemployment compensation, as the drivers had the option to generate their own business while using the leased taxis.

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Commonwealth v. Carlson, SJC-09526, SUPREME JUDICIAL COURT OF MASSACHUSETTS, March 12, 2007, Decided
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Overview: Because defendant's lack of emotion was not used to dehumanize him or suggest a lack of remorse, and because evidence of a rental agreement and defendant's prior bad acts were relevant to show that he intentionally beat the victim as inducement to get him some money, the trial court did not err in admitting the evidence or instructing the jury.

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Dann v. Patten, Opinion No.: 97756, Docket Number: 06-1787-BLS2, SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, March 12, 2007, Decided , March 12, 2007, Filed
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Overview: Shareholders' motion for summary judgment on breach of professional corporation's (PC) by-laws claim seeking injunctive relief was granted as the shares of the PC had not yet been transferred between the shareholders, and a doctor could not prove damages or that the transfer agreement would violate the by-laws.

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Farnum v. Mesiti Dev., No. 06-P-297, APPEALS COURT OF MASSACHUSETTS, March 12, 2007, Decided
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Overview: Judgment was affirmed as modified as docketing of appeal from judgment did not divest trial court of subject matter jurisdiction to entertain Mass. Gen. Laws ch. 231, § 6F motion since docketing of appeal divested trial court of jurisdiction to act on motions to rehear or vacate judgment; § 6F motion was collateral proceeding.

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Iagatta v. Iagatta, SJC-09844, SUPREME JUDICIAL COURT OF MASSACHUSETTS, March 12, 2007, Decided
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Lombardi v. Lombardi, No. 05-P-1709, APPEALS COURT OF MASSACHUSETTS, March 12, 2007, Decided
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Overview: Former wife filed complaint for contempt against former husband for failing to pay child support. Though children had attained majority, Massachusetts court had personal jurisdiction over husband, as he was served personally there and, under Mass. Gen. Laws ch. 119A, § 13(a), his obligations were continuing ones to which jurisdiction could attach.

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Unger v. Lambert, Docket Number: 01-03226, SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, March 12, 2007, Decided
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Overview: Where defendant attorney made material misrepresentations to plaintiff professor with respect to transferred funds, the misrepresentations, as well as the attorney's breadth of fiduciary duty, constituted willful and knowing violations of Mass. Gen. Laws Ann. ch. 93A, which entitled the professor to double damages.

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