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MIARA v. FIRST ALLMERICA FINANCIAL LIFE INS. CO.

No. CIV.A.,04-12188-WGY.

379 F.Supp.2d 20 (2005)

Maria MIARA, Plaintiff, v. FIRST ALLMERICA FINANCIAL LIFE INSURANCE COMPANY, Joseph F. Bonasera, Baker Associates Insurance Agency, and Gary M. Baker Defendants.

United States District Court, D. Massachusetts.

June 16, 2005.

Attorney(s) appearing for the Case

William D. Chapman, Kerry D. Florio, Melick, Porter & Shea, LLP, Boston, MA, for Joseph F. Bonasera, Defendant.

Cherie M. Bosarge Dutton, Sullivan & Worcester LLP, Boston, MA, William T. Matlack, Sullivan & Worcester LLP, Boston, MA, for First Allmerica Financial Life Insurance Company, Defendant.

Shannon M. Fitzpatrick, Nathanson & Goldberg PC, Boston, MA, for Maria Miara, Plaintiff.

Richard L. Neumeier, Morrison Mahoney, LLP, Boston, MA, for Baker Associates Insurance Agency, Inc., Gary M. Baker, Defendants.

MEMORANDUM AND CERTIFICATION

YOUNG, Chief Judge.

I. INTRODUCTION

How's this for a problem on a first year torts or civil procedure exam?

Plaintiff A sues Defendant B in state court for misrepresentation and other state causes of action in the sale of a product that Plaintiff A alleges does not function in the manner represented. Misrepresentation claims have been recognized in common law courts in the United States and throughout...

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