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Civil practice – Settlement – Duress 27 Aug 2013 | 05:54 pm
Where (1) a plaintiff filed a complaint alleging violations of the Telephone Consumer Protection Act for repeatedly “robocalling” her cellular phone to demand payment for jewelry, (2) the defendant br...
Bankruptcy – Financial condition – Falsity 27 Aug 2013 | 05:51 pm
Where a debtor’s obligation to a lender under a promissory note was deemed nondischargeable, the lower court committed no clear error in concluding that the loan was made in reliance on a materially f...
Zoning – Standing – Taxes 26 Aug 2013 | 05:43 pm
Where a plaintiff has challenged variances issued by the Framingham zoning board, summary judgment must enter in favor of the defendants because of the plaintiffs’ inability to establish standing base...
Bankruptcy – Motion to strike – Trustee’s complaint 26 Aug 2013 | 05:41 pm
Where two defendants have moved to strike the Chapter 7 trustee’s complaint, the motion must be allowed to the extent that the trustee’s complaint includes claims and parties that have already been di...
Real property – Condominium – Common area – Ground lease 26 Aug 2013 | 05:37 pm
Where the plaintiff condominium board of trustees has challenged a proposal to build 20 additional units, the addition would violate G.L.c. 183A, so the plaintiff is entitled to summary judgment on it...
Dawley named District Court chief 23 Aug 2013 | 08:33 pm
Judge Paul C. Dawley has been named chief justice of the District Court — the Trial Court’s largest department — for a five-year term. Dawley has served on the District Court since 2001 and as a regio...
Criminal – Retroactivity – Sentencing 23 Aug 2013 | 07:28 pm
Where defendant was found guilty of distributing cocaine in violation of G.L.c. 94C, §32A(c), and for being a second or subsequent offender in violation of §32A(d), the defendant is entitled to applic...
Attorneys – Fees – ERISA – Preemption – Reconsideration 23 Aug 2013 | 05:32 pm
Where the defendant city of Quincy has moved for reconsideration of a court order awarding fees to plaintiffs who succeeded in getting a municipal ordinance declared preempted by ERISA, the city has n...
Labor – Repudiation – Ground rules – Direct dealing 23 Aug 2013 | 05:28 pm
Where the Plymouth Town Manager asked a bargaining unit member his opinion on shift swaps and 24-hour shifts, the questioning constituted (1) direct dealing as to both issues and (2) on the shift swap...
Bankruptcy – Preemption – Workers’ compensation 23 Aug 2013 | 02:07 am
Where a U.S. Bankruptcy Court judge denied confirmation of six related debtors’ joint liquidating plan, that ruling must be affirmed based on the lack of feasibility of the plan.
