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Massachusetts Lawyers Weekly

  • Insurance – Death benefits – Pre-existing conditions
    Where a defendant insurance company denied a widow’s claim for death benefits under a policy issued to the employer of the plaintiff’s late husband, the insurance company should have been awarded summary judgment on the plaintiff’s ERISA complaint, as the insurer’s determination that the death was caused or contributed to by pre-existing medical conditions was […]
  • Commercial – Lanham Act – Falsity
    Where a plaintiff has moved to dismiss a defendant’s counterclaim for false and misleading statements pursuant to Section 43(a)(1)(B) of the Lanham Act, the dismissal motion should be denied because the defendant has sufficiently alleged that the plaintiff’s statements of Allscripts to the defendant’s customers were false or misleading. “This suit arises out of a […]

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