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   State Courts - Massachusetts - April 6 - April 10, 2007

  
Berg v. Town of Lexington, No. 05-P-45., APPEALS COURT OF MASSACHUSETTS, April 6, 2007, Decided
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Overview: Judgment was affirmed insofar as it held that two parcels were grandfathered and exempt from dimensional requirements of zoning by-law, and planning board did not exceed its authority under Mass. Gen. Laws ch. 41, § 81M as lots were buildable under prior by-laws, which did not require that they be held in separate ownership.

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Brewster Wallcovering Co. v. Blue Mt. Wallcoverings, Inc., No. 05-P-1044, APPEALS COURT OF MASSACHUSETTS, April 6, 2007, Decided
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Overview: In a suit asserting breach of contract and various torts, an award of lost profit damages in favor of a distributor was reversed on appeal, as was the award of double damages under Mass. Gen. Laws ch. 93A, since insufficient evidence was presented to support the claim for damages and the distributor made no mitigation efforts.

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Commonwealth v. Gonzalez, No. 05-P-591, APPEALS COURT OF MASSACHUSETTS, April 6, 2007, Decided
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Overview: Judgment was affirmed as witness's identification of defendant was not excited utterance since witness also stated that he would deny identification if officer told anyone, which indicated that identification was product of reflection. Crawford error was harmless beyond reasonable doubt in light of substantial evidence of guilt.

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Brown v. DePuy Spine, Inc., Opinion No.: 97743, Docket Numbers: BRCV2006-00208, BRCV2006-00209, BRCV2006-00210, BRCV2006-00630, SUPERIOR COURT OF MASSACHUSETTS, AT BRISTOL, April 9, 2007, Decided , April 9, 2007, Filed
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Overview: Claims by consumers that a manufacturer negligently manufactured an artificial spinal disc were not preempted by 21 U.S.C.S. § 360k(a) to the extent that the claims rested on allegations that the device was not manufactured in accordance with the FDA-approved standards.

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Commonwealth v. Hiskin, No. 06-P-397, APPEALS COURT OF MASSACHUSETTS, April 9, 2007, Decided
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Overview: Because defendant admitted to facts that constituted the unexplained elements, the prosecutor recited the account of the homicide and defendant acknowledged his participation, and defendant's claim of coercion directly contradicted his professions under oath at the time of plea, the motion to withdraw the plea was properly denied.

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David Project, Inc. v. Boston Redevelopment Auth., Opinion No.: 97816, Docket Number: 06-4167 BLS1, SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, April 9, 2007, Decided
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Overview: Where a Jewish action group sought certain public records pursuant to Mass. Gen. Laws ch. 66, § 10, but the initial request letters were sent by an individual, that fact was not fatal to the group's action because the court permitted the group, within 10 business days, to join the individual as a party plaintiff pursuant to Mass. R. Civ. P. 17(a).

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Grafton Partners, LLC v. Barry & Foley Motor Transp., Inc., Docket Number: 2004-00039A, SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, April 9, 2007, Decided
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Overview: Owner's summary judgment motion was denied as the owner's breach of contract and breach of implied warranty claims failed since there was not a contract, and therefore there was no privity, between the owner and the surveyor.

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Commonwealth v. Pring-Wilson, SJC-09843, SUPREME JUDICIAL COURT OF MASSACHUSETTS, April 10, 2007, Decided
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Overview: In murder case, after excluding evidence of victim's violent history, court did not abuse its discretion in granting defendant new trial based on subsequently announced rule of Commonwealth v. Adjutant--that such evidence was admissible even if defendant did not know of victim's history--as identify of first aggressor was key issue in case.

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