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CREATIVE PLAYTHINGS FRANCHISING, CORP. v. REISER

SJC-11026.

463 Mass. 758 (2012)

CREATIVE PLAYTHINGS FRANCHISING, CORP., & others v. JAMES A. REISER, JR.

Supreme Judicial Court of Massachusetts, Suffolk.

November 21, 2012.

Attorney(s) appearing for the Case

Jason W. Morgan ( Colin M. Black with him) for the plaintiffs.

K. Judith Lane ( Steven Shane Smith with her) for the defendant.

John Pagliaro & Martin J. Newhouse , for New England Legal Foundation & another, amici curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

DUFFLY, J.

This case, before us as a certified question from the United States District Court for the District of Massachusetts, presents whether:

"In a franchise agreement which is governed by Massachusetts law, is a limitations period in the contract shortening the time within which claims must be brought valid and enforceable under Massachusetts law?"

General Laws c. 260, § 2, sets forth a six-year limitations period, after a cause of action...

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