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| Driscoll v. Commerce Bank & Trust, Docket Number: 2006-403A,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, March 27, 2006, Filed
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Overview: A customer was not entitled to a preliminary injunction against a bank that closed her account because she did not honor her agreement with the bank as she wrote checks on the account before funds were available and the bank offered to return the entirety of her deposited funds.
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| Ford Motor Credit Co. v. Doe, Docket Number: 2006-00239,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, March 27, 2006, Filed
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Overview: Preliminary injunction was issued against defendants as towing company did not have lien under Mass. Gen. Laws ch. 159B, § 6B or Mass. Gen. Laws ch. 255, § 39A that was superior to secured creditor's lien since towing was under execution writ issued on private debt. Secured creditor showed likelihood of success on merits in replevin action.
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| Fronk v. Fowler, Docket Number: 02-1216,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, March 27, 2006, Decided
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Overview: GPs' motion in limine to preclude evidence of acquisition of first other property, and resulting damages, except for evidence of conflict as to parking, was allowed as limited partnership's sole purpose was to invest in and manage particular property and GPs did not have duty to disclose opportunity to invest in first other property.
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| Marides v. Rossi, SJC-09269,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, March 27, 2006, Decided
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| Medina v. Sawyer, Docket Number: 06-00245,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, March 27, 2006, Filed
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Overview: Prisoner's complaint was dismissed as it did not comply with Mass. R. Civ. P. 8(a) because it did not integrate how alleged factual averments of defendants' actions related to harm suffered by prisoner; while there was prayer for relief, claim of entitlement to demanded $ 50,000.00 had no legal or factual relation to remainder of complaint.
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| Payson's Trucking, Inc. v. Yeskevicz, Docket Number: 2006-0155B,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, March 27, 2006, Filed
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Overview: Corporation was not entitled to preliminary injunction to enforce a noncompete agreement because the agreement, inter alia, called for an unreasonable period of noncompetition in the context of the business at issue and was too vague with respect to its geographic reach and the identification of the corporation's actual customers.
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| SimplexGrinnell, LP v. Rancho El Eden, Inc., Docket Number: 05-0846-C,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, March 27, 2006, Decided , March 27, 2006, Filed
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Overview: Defendants' motion to dismiss for lack of jurisdiction was denied as lease contained forum selection clause, which provided that any litigation arising from agreement would be brought in Massachusetts and waived all claims of lack of jurisdiction and forum non-conveniens. President stated in lease that she was experienced enough to be bound by it.
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