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   State Courts - Massachusetts - March 30, 2006

  
BBNT Solutions, LLC v. 625 Concord, Inc., Docket Number: MICV2005-03474-C, SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, March 30, 2006, Decided
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Cote-Whitacre v. Dep't of Pub. Health, SJC-09436, SUPREME JUDICIAL COURT OF MASSACHUSETTS, March 30, 2006, Decided
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Marino v. Bd. of Appeal on Motor Vehicle Liab. Policies & Bonds, Docket Number: MICV2004-4226, SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, March 30, 2006, Filed
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Overview: Assessment of an insurance surcharge by an insurer was affirmed as the Massachusetts Board of Appeal on Motor Vehicle Liability Policies and Bond had sufficient substantial evidence to support the decision under Mass. Gen. Laws ch. 30A, § 1(6) in the form of testimony from a driver in an accident and statements from witnesses contained in reports.

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Mark Bombara Interior Design v. Bowler, SJC-09523, SUPREME JUDICIAL COURT OF MASSACHUSETTS, March 30, 2006, Decided
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Overview: Since a designer, through himself or others, undertook residential contracting work, it was immaterial that he did not hold himself out as a contractor or that he described his studio as that of an interior designer. Thus, Mass. Gen. Laws ch. 142A, § 1 and Mass. Gen. Laws ch. 93A, § 2 counterclaims should not have been dismissed.

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Mystic Valley Dev. Comm'n v. Dep't of Hous. & Cmty. Dev., Docket Number: 05-1157, SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, March 30, 2006, Decided
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Overview: A development commission and corporation that closed its business rather than relocate had a right to relocation benefits under Mass. Gen. Laws ch. 79A, § 7(I)(A)(2). Under Mass. Gen. Laws ch. 30A, court deferred to a hearing officer's findings and calculation of benefits; it did not matter that the business closed and was not relocated.

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Shamrock Realty Co. v. O'Brien, Docket Number: 02-4097, SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, March 30, 2006, Filed
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Overview: Summary judgment for a creditor was vacated and a guarantor's summary judgment motion was allowed as, given that a guarantee did not contain a choice of law clause and that the guarantee was executed in Massachusetts by a Massachusetts resident, there was no reason to apply Rhode Island law. Suit was time barred under Mass. Gen. Laws ch. 260, § 2.

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