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State Courts -
Massachusetts - April 7 - April 10, 2006
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Ahmad v. Dep't of Corr., SJC-09477,
SUPREME JUDICIAL COURT OF MASSACHUSETTS, April 7, 2006, Decided
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Overview: Muslim inmate's suit against Commissioner of Massachusetts Department of Correction and prison superintendents was properly dismissed, as prison regulations and policies concerning meals, medallions, allowable quantities of prayer oil, and the use of only a prayer towel rather than a prayer rug did not violate Mass. Const. amend. art. 46, § 4.
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Goldstein v. Sav. Bank Life Ins. Co., Docket Number: 982330BLS2,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, April 7, 2006, Decided , April 7, 2006, Filed
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Overview: A decision of the Commissioner of Insurance allowing a life insurance company to maintain a Safety Fund in excess of the 12 percent limit set forth in Mass. Gen. Laws ch. 175, § 140 was deemed arbitrary and capricious in a policyholders' suit challenging the failure to pay the excess to them.
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Yanagi v. LogicaCMG, PLC, Docket Number: 05-1242 BLS1,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, April 7, 2006, Decided
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Overview: Parent's motion to dismiss was granted as trial court lacked jurisdiction under Mass. Gen. Laws ch. 223A, § 3(a) as parent did not transact business in Massachusetts as there was no showing that parent maintained office, telephone listing, mailing address, or bank account in Massachusetts, or owned, rented, or used any property Massachusetts.
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Berenson v. Monadnock Assoc., Docket Number: 04-5503-E,
SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, April 10, 2006, Filed
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Overview: Since, by its very nature, the compensatory structure of an agreement was conditional and contingent, it was outside of the Wage Act and created no rights pursuant to Mass. Gen. Laws ch. 149, §§ 148 and 150. There was, however, a material issue of fact as to the remaining claims in contract, unjust enrichment and estoppel.
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