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State Courts -
Massachusetts - March 16 - March 19, 2007
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Boylan v. Boston Sand & Gravel Co., Docket Number: 02-2296 BLS2,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, March 16, 2007, Filed
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Overview: When interested corporate directors breached fiduciary duty by not telling a board they did not give a shareholder required notice of a proposed transaction, which the board subsequently ratified, it could not be found, as a matter of law, in a shareholder derivative suit, that disinterested directors acted in good faith or did a thorough analysis.
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Chapman v. Katz, SJC-09786,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, March 16, 2007, Decided
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Overview: Although the ATM kiosk the sublessee sought to erect on the property was a structure, for which consent from the owners was necessary, the owners unreasonably withheld consent in contravention of the lease terms; the owners could not object based on, inter alia, insurance concerns, renovations to existing structure, or parking lot configuration.
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Commonwealth v. Klement, Opinion No.: 97748, Docket Numbers: 06-986, 06-987, 06-988,
SUPERIOR COURT OF MASSACHUSETTS, AT ESSEX, March 19, 2007, Decided
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Overview: Defendants' motion to suppress drugs and other evidence was allowed, because the stop of defendants' vehicle, although made by conscientious police officers with the best of intentions, was based on a hunch, and thus, the police lacked the reasonable suspicion necessary to justify the stop.
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Labbe v. Home Depot USA, Inc., Opinion No.: 97750, Docket Number: 06-00185,
SUPERIOR COURT OF MASSACHUSETTS, AT BRISTOL, March 19, 2007, Decided , March 19, 2007, Filed
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Overview: Because it was clear that there was nothing in the sought after document, which the store sought to make subject to a confidentiality agreement, that approached proprietary or confidential material that deserved protection under Mass.R.Civ.P. 26(c), as the document was nothing more than a conventional safety advisory, the request was denied.
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