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State Courts -
Massachusetts - May 24 - May 25, 2006
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Blake v. Friendly Ice Cream Corp., Docket Number: 03-0003,
SUPERIOR COURT OF MASSACHUSETTS, AT HAMPDEN, May 24, 2006, Decided , May 24, 2006, Filed
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Overview: The court refused to dismiss a shareholder's derivative action under Mass. Gen. Laws ch. 156D, § 7.44. Even if the fact that a special litigation committee was not properly constituted of independent directors did not require denial of the motion, the committee had failed to analyze the shareholder's claims thoroughly and carefully.
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Commonwealth v. Militello, No. 04-P-829,
APPEALS COURT OF MASSACHUSETTS, May 24, 2006, Decided
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Overview: There was insufficient evidence of dissemination of matter harmful to minors because descriptions of magazine's pictures failed to show that material, taken as whole, lacked serious literary, artistic, political, or scientific value for them or appealed predominantly to their prurient interest as required by Mass. Gen. Laws ch. 272, §§ 28, 31.
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Gianocostas v. RIU Hotels, S.A., CIVIL ACTION NO: MICV2000-02862-C,
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, May 24, 2006, Decided
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Overview: Administrators whose decedent became ill in the Dominican Republic could not prevail on a negligent misrepresentation claim against a tour operator. Its representative's statements that the decedent would get satisfactory medical care were expressions of opinion, and the administrators, who also spoke to doctors, could not reasonably rely on them.
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Commonwealth v. Stevanovich, Docket Number: 2006-0086,
SUPERIOR COURT OF MASSACHUSETTS, AT ESSEX, May 25, 2006, Decided , May 25, 2006, Filed
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Overview: A sentence was corrected, and defendant, pursuant to Mass. Gen. Laws ch. 276, § 92, had to pay restitution of over $117,000 for her thefts; restitution was just punishment in view of Mass. Gen. Laws ch. 211E, § 2(3) and provided strong level of deterrence; incarceration was not a proper sentence as she had three minor children, one of whom was ill.
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Warren Pumps, LLC v. Liberty Mut. Ins. Co., Docket Number: 05-02322-C,
SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, May 25, 2006, Decided , May 25, 2006, Filed
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