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   State Courts - Massachusetts - March 21, 2006

  
Fred Hutnak Dev. Corp. v. Petrillo, Docket Number: 2004-00285C, SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, March 21, 2006, Decided , March 21, 2006, Filed
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Overview: Since there was no evidence that the proposed subdivision plan complied with the requirements of Uxbridge, Mass., Subdivision Rules and Regulations § 5(D)(1) or Mass. Gen. Laws ch. 41, § 81M, as the town was without authority to maintain a drainage easement, the planning board properly disapproved the plan.

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LaFleche v. Sturbridge Corp., Docket Number: 05-1687-C, SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, March 21, 2006, Filed
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Overview: Town could not rely on grounds involving Mass. Gen. Laws ch. 258, §§ 4, 10 as basis for dismissing suit filed by the administrator of a decedent's estate, but the Town was entitled to summary judgment in the action as the decedent was an adult trespasser on road where he was killed and there was no assertion Town acted in wilful or reckless manner.

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Rodman v. Murphy, Docket Number: 05-0781, SUPERIOR COURT OF MASSACHUSETTS, AT ESSEX, March 21, 2006, Decided
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Overview: Motion to dismiss claims for age discrimination and intentional interference with employment relationship was denied because the employee's only recourse for discrimination, where the employer had less than six employees, was Mass. Gen. Laws ch. 93, § 103, and the allegations were sufficient to sustain the employee's intentional interference claim.

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Wang v. Biogen Idec, Inc., Docket Number: 05-1562, SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, March 21, 2006, Decided
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Overview: Corporation's motion to compel arbitration under Mass. Gen. Laws ch. 251, § 2 was denied as Share Restriction Agreement did not incorporate arbitration clauses in Independent Consulting Agreement and Project Agreement. Independent Consulting Agreement contained integration clause, which undercut claim that contracts were to be read together.

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Wilfert Bros. Realty Co. v. Mass. Comm'n Against Discrimination, Docket Number: 02-02671, SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, March 21, 2006, Decided
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Overview: Commission had jurisdiction over employer as employees were properly aggregated for purposes of Mass. Gen. Laws ch. 151B's jurisdictional minimum. Employer and sister company did not differentiate among employees, both companies had indicia of control over employee's work, and both companies shared substantial financial interrelation.

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