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   State Courts - Massachusetts - March 13, 2006

  
Brooks v. Bornstein, Docket Number: 02-0554, SUPERIOR COURT OF MASSACHUSETTS, AT BARNSTABLE, March 13, 2006, Decided
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Overview: Broker was denied summary judgment on a buyer's Mass. Gen. Laws ch. 93A claim as a dispute existed as to whether the broker committed an unfair or deceptive act. The seller was granted summary judgment on the buyer's Mass. Gen. Laws ch. 184, § 22 claim as the buyer accepted a quitclaim deed that did not covenant against involuntary encumbrances.

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Commonwealth v. Casanova, No. 05-P-715, APPEALS COURT OF MASSACHUSETTS, March 13, 2006, Decided
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Overview: Restitution order, requiring defendant to pay for lost tuition occasioned by the victim's withdrawal from college, was vacated, as the Commonwealth failed to present sufficient evidence showing causation between defendant's criminal conduct and the victim's post-incident condition, and the evidence in the record was speculative.

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DelBuono v. Mass. Interscholastic Ath. Ass'n, Docket Number: 06-00481, SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, March 13, 2006, Decided
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Overview: Players' request for a TRO was denied because the players would not suffer irreparable harm by being denied the chance to play in their team's last play-off game of the year. The players did not allege that they would lose a scholarship or forfeit future college play and there was no constitutional right to participate in high school athletics.

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Melican v. Morrisey, Docket Number: 04-1368-B, SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, March 13, 2006, Decided
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Overview: Commissioner erred in modifying hearing officer's award of mental retardation benefits to applicant because award was based on reasonable interpretation of 115 Mass. Code Regs. 2.01, 115 Mass. Code Regs. 6.04, and American Association of Mental Retardation's definition of mental retardation. Applicant scored 75 on intelligence quotient test.

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Moe v. Trs. of the Stigmatine Fathers, Inc., Docket Number: 05-0059-A, SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, March 13, 2006, Filed
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Morey v. Chambers, Docket Number: 05-2075-C, SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, March 13, 2006, Decided , March 13, 2006, Filed
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Overview: A Mass. R. Civ. P. 12(b)(6) motion to dismiss plaintiff's complaint against a car dealership and a salesman was allowed because plaintiff was bound by a release he signed. Plaintiff accepted a $ 3,000 "goodwill" payment for all problems he had with a leased vehicle and signed a document which released the dealership of any further liability.

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