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   State Courts - Massachusetts - July 16, 2007

  
Gator Dev., Inc. v. New Eng. Power Co., Opinion No.: 98950, Docket Number: 03-5269, SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, July 16, 2007, Filed
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Overview: Because there were no writings exchanged between the parties sufficient to permit a jury to find a meeting of the minds or an intention to be bound, the developer's complaint for specific performance of an alleged contract to buy property had to fail under Mass. Gen. Laws ch. 259, § 1.

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Hannam v. Worcester County Sheriff's Office, Opinion No.: 99196, Docket Number: 06-0641B, SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, July 16, 2007, Filed
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Overview: Trial court denied the sheriff's office and sheriff's summary judgment motion on the terminated employee's age discrimination case; the facts presented by the terminated employee, if believed by a fact finder, would enable the fact finder to conclude that the terminated employee had rebutted the reasons that they set forth for terminating him.

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Hejinian v. General Am. Life Ins. Co., Opinion No.: 98952, Docket Number: 05-3851 BLS2, SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, July 16, 2007, Filed
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Overview: Insurer was required, under Mass. Gen. Laws ch. 175, § 124, to pay beneficiary of life insurance policy because insured did not make statement in "application" regarding physical condition that was wilfully false, fraudulent, or misleading; there was no evidence insured had cyst that led to ultimate diagnosis of cancer at the time of application.

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Jason v. Contributory Ret. Appeal Bd., Opinion No.: 99084, Docket Number: 06-03027-L2, SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, July 16, 2007, Filed
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Overview: Appeal board properly upheld the denial of a police officer's request pursuant to Mass. Gen. Laws ch. 32, § 8, to be reinstated as a police officer, because there was substantial medical evidence to support the determination that because of ongoing health issues the officer would be unable to perform the essential duties of his former position.

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McFarlane v. Commonwealth, Opinion No.: 99195, Docket Number: 06-1196, SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, July 16, 2007, Filed
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Overview: Trial court granted the town and town police department's summary judgment motion, and denied claimant's summary judgment motion, as no genuine issue of material fact existed but that claimant did not file his negligence claim within three years of when he knew or should have known he had a claim, as was required by Mass. Gen. Laws ch. 260, § 2A.

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