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   State Courts - Massachusetts - April 7 - April 10, 2006

  
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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Rasheed v. Comm'r of Corr., SJC-09617, SUPREME JUDICIAL COURT OF MASSACHUSETTS, April 7, 2006, Decided
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Overview: Trial court erred in granting summary judgment to defendants as to a prisoner's claims that failure to provide meals required by his religion constituted violations of his right to free exercise of religion under the First Amendment, as defendants failed to show that a food vendor was unable to provide the meats required for Islamic festivals.

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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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Commonwealth v. Castillo, No. 04-P-1755., APPEALS COURT OF MASSACHUSETTS, April 10, 2006, Decided
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Overview: Defendant's conviction for possession of a firearm under Mass. Gen. Laws ch. 269, § 10(a) was reversed as trial was conducted on stipulated evidence and there was nothing in record that demonstrated that defendant was aware of significance of trial based on stipulated evidence or that he was aware of constitutional rights he was waiving.

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Kupperstein v. Planning Bd., No. 05-P-781, APPEALS COURT OF MASSACHUSETTS, April 10, 2006, Decided
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Overview: Because a town planning board did not give written notice of its determination of the landowners' subdivision to a municipal clerk, pursuant to Mass. Gen. Laws ch. 41, § 81P, approval was not required and the landowners' entitlement to the endorsement and certificate was mandatory; nothing further was required of the landowners.

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