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   State Courts - Massachusetts - October 5 - October 11, 2007

  
Lima v. Marshall, No. 06-P-826, APPEALS COURT OF MASSACHUSETTS, October 5, 2007, Decided
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Overview: Defendants were entitled to summary judgment in a negligence action where the injured party failed to meet the burden under Mass. Gen. Laws ch. 231, § 6D, of showing which treatment after a second accident represented a bona fide effort to alleviate or ameliorate the whiplash resulting from accident the first accident involving defendants.

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N. Am. Expositions Co. L.P. v. Corcoran, No. 06-P-440, APPEALS COURT OF MASSACHUSETTS, October 5, 2007, Decided
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Overview: Gate show producer sued convention center and its representative because the latter tried to persuade a charitable foundation to deny the producer access to exposition center. As foundation was not legislative body or public forum, and representative's statements were commercially motivated, dismissal of suit under the anti-SLAPP statute was error.

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Olsen v. Teachers' Ret. Bd., No. 06-P-1619., APPEALS COURT OF MASSACHUSETTS, October 9, 2007, Decided
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Overview: Because a stipend paid to teachers amounted to "regular compensation," as defined by Mass. Gen. Laws ch. 32, § 1, and not a bonus, and had to be understood to encompass all other forms of recurring payments for an employee's services, so long as the payments comported with the statute, the teachers were properly granted judgment on the pleadings.

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Tatar v. Schuker, No. 06-P-1312., APPEALS COURT OF MASSACHUSETTS, October 9, 2007, Decided
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Overview: As a support order was unclear as to whether a father's support obligation terminated upon emancipation, a father could not be held in contempt based on his failure to pay. But, he was properly denied an evidentiary hearing in the three proceedings, he was not entitled to a credit, an attorney-fee award was justified, and recusal was unwarranted.

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Homesavers Council of Greenfield Gardens, Inc. v. Sanchez, No. 06 P 1180., APPEALS COURT OF MASSACHUSETTS, October 10, 2007, Decided
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Overview: Tenant was allowed damages for interference with right of quiet enjoyment under Mass. Gen. Laws ch. 186, § 14; Housing Choice Voucher subsidy was wrongfully terminated and tenant subjected to eviction proceedings for not paying unlawfully computed rent, causing severe emotional distress, compensable as reasonably foreseeable consequential damages.

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Barbara Supeno v. Equity Office Props. Mgmt., No. 06-P-1357., APPEALS COURT OF MASSACHUSETTS, October 11, 2007, Decided
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Commonwealth v. Antonmarchi, No. 06-P-1106., APPEALS COURT OF MASSACHUSETTS, October 11, 2007, Decided
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Pavian v. Hickey, No. 06-P-227., APPEALS COURT OF MASSACHUSETTS, October 11, 2007, Decided
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