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   State Courts - Massachusetts - July 20 - July 23, 2007

  
Commonwealth v. Kee, SJC-09845, SUPREME JUDICIAL COURT OF MASSACHUSETTS, July 20, 2007, Decided
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Overview: Defendant was not entitled to relief based on absence of "marked" ten dollar bill, as he suffered little or no prejudice from its absence and cross-examined Commonwealth's witnesses regarding absence. Prosecutor's statements did not constitute improper vouching because prosecutor did not express personal belief in the credibility of the witnesses.

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Commonwealth v. Valerio, SJC-09872, SUPREME JUDICIAL COURT OF MASSACHUSETTS, July 20, 2007, Decided
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Overview: Although search warrant failed, on face, to meet demands of particularity required by Mass. Gen. Laws ch. 276, § 2, Mass. Const. Decl. Rights art. 14, and Fourth Amendment, affidavit stamped by assistant clerk-magistrate, incorporated by reference into warrant, and attached to warrant, was sufficiently detailed to meet particularity requirements.

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Masingill v. EMC Corp., SJC-09781, SUPREME JUDICIAL COURT OF MASSACHUSETTS, July 20, 2007, Decided
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Overview: Trial court properly instructed the jury as to reasonable reliance as to plaintiff's intentional misrepresentation claim against defendants, because plaintiff was a sophisticated business person and tenaciously negotiated her employment contract, and knew at the time she signed her contract that she was not getting all the benefits she wanted.

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Snell v. Kerkorian, Opinion No.: 99192, Docket Number: 2007-0364C, SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, July 20, 2007, Filed
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Overview: Trial court denied the minority interest trustee's motion for preliminary injunctive relief, as the minority interest trustee did not show that a substantial risk of irreparable harm necessitating injunctive relief existed; rather, the alleged ongoing mismanagement of the property at issue could be decided in the underlying case.

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Town of Middleborough v. Hous. Appeals Comm. , SJC-09808, SUPREME JUDICIAL COURT OF MASSACHUSETTS, July 20, 2007, Decided
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Overview: Appeals committee properly determined that funding for a low income housing development under the New England Fund qualified as a valid subsidy program under the comprehensive permitting statute, Mass. Gen. Laws ch. 40B, §§ 20-23, as the funds advanced the legislative purpose of supporting and stabilizing the financing of residential housing.

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City of Somerville v. Somerville Mun. Emples. Ass'n, No. 06-P-1299., APPEALS COURT OF MASSACHUSETTS, July 23, 2007, Decided
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Overview: The trial court properly affirmed an arbitrator's award in favor of a union pursuant to Mass. Gen. Laws ch. 150C, § 10 because no material conflict existed between a CBA and the authority granted to the mayor by Mass. Gen. Laws ch. 115, § 10, to appoint the veterans' services director; the selection process was a proper topic for the CBA.

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Commonwealth v. Cotto, No. 06-P-677, APPEALS COURT OF MASSACHUSETTS, July 23, 2007, Decided
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Overview: In a case where defendant was convicted of marijuana possession (Mass. Gen. Laws ch. 94C, § 34) and firearm possession (Mass. Gen. Laws ch. 269, § 10(a)) the circumstances warranted an inference of constructive possession; marijuana blunt was found near defendant and firearm was found under passenger seat where defendant was seen shoving his feet.

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Haley v. Fortunato, Opinion No.: 99097, Docket Number: 04-2764 C, SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, July 23, 2007, Decided
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Overview: Patient's malpractice claim was dismissed on summary judgment since claim was barred by statute of limitations in Mass. Gen. Laws ch. 260, § 4. Evidence showed that patient was told in October 2000 that dentist's malpractice likely caused spinal abscess, but suit against dentist was not filed until July 2004, outside three-year limitations period.

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WorldCare Clinical, Inc. v. Bracco Diagnostic, Inc., Opinion No.: 99095, Docket Number: 05-3218, SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX, July 23, 2007, Decided
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Overview: Defendant's stringing plaintiff along with false promises of payment to induce further performance was an unfair and deceptive practice that violated Mass. Gen. Laws ch. 93A. As egregious nature of defendant's conduct was mitigated by some overpayments plaintiff received, the latter's damages, as found by jury, were doubled rather than tripled.

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