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