TAUNTON After a defeat in court and before the Taunton City Council, there are more barriers for Fairhaven-based retail marijuana company Bask Inc. to open in Taunton.
The company has faced opposition for over a year from residents with traffic concerns about their proposed location at 400 Winthrop St. and some city councilors, but the road ahead is more unclear than ever before.
In December, the company won in Land Court with the judge overturning the City Council s decision to deny them a special permit and ordering the Council to issue the permit.
But the measures Bask has taken to get that victory have not endeared Bask to some members of the City Council.
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In Haddad v. Haddad, the Massachusetts Appeals Court sent a stark reminder to probate litigators about just how difficult it is to prove a claim of lack of testamentary capacity. Such a finding must rely on specific facts relating to the time of execution only, and not the day before, the day after, or even a few hours before.
In Haddad v. Haddad, Joseph and Alain Haddad sued their brother, Marcel Haddad, after discovering that their father, Antoine Haddad, changed his estate planning documents to leave everything to Marcel, rather than an equal split amongst the brothers as had been the case in prior estate planning documents. Joseph and Alain asserted a number of claims, including undue influence and lack of testamentary capacity. After a bench trial, the Superior Court judge held that Joseph and Alain failed to establish that their father was unduly influenced by Marcel, but held that their father lacked testamentary
Tuesday, February 9, 2021
Highlights from this issue include:
Supreme Court grants cert in securities class action to address whether the
Basic presumption of class-wide reliance can be rebutted based on the generic nature of the alleged representation and that the statement had no price impact.
Massachusetts appellate court emphasizes that evidence is required to support class certification, even under state law.
District court in the Second Circuit holds that
Daubert analysis must be conducted at the class certification stage.
Third Circuit holds that the failure to register tires under federal law is not enough to confer standing.
Seventh Circuit holds that violations of the data retention and destruction requirements of the Biometric Information Privacy Act are sufficient for standing.
The Massachusetts Appeals Court on Wednesday affirmed a state Appellate Tax Board decision reclassifying a vacant lot as a residential property instead of commercial, and granting an abatement to account for the lower tax rate on residential property.