venue requirement (Massachusetts) · Go Syfert
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venue requirement in Massachusetts

5 Massachusetts opinions name it 4 courts 1977–2002 0 in the last five years

The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Casey v. Adamsgreen
scotus · 1880 · cited in 2 Massachusetts opinions naming this issue, 1977–1980
2 sentences

1980The only suits against banking associations that are exempt from the provisions of § 94 are (1) actions that are local (as opposed to transitory) in nature, Casey v. Adams, 102 U.S. 66, 68 (1880), and (2) actions in which the venue requirement has been waived, First Nat’l Bank v. Morgan, 132 U.S. 141, 145 (1889).

1977The only exceptions are (1) actions which are local (as opposed to transitory) in nature, Casey v. Adams, 102 U. S. 66 (1880), and (2) actions in which the venue requirement has been waived.

12
Granados Quinones v. Swiss Bank Corp.green
fla · 1987 · cited in 1 Massachusetts opinions naming this issue, 2002–2002
1 sentence

2002It recites that: “Except where proper service cannot be instituted, any action at law or judicial proceeding for the enforcement of this CONTRACT shall be instituted only in the state or federal courts in the State of Florida.” Liberty then argues that the use of the word “shall” makes the forum selection clause mandatory, citing to Quinones v. Swiss Bank Corp., 509 So.2d 273, 274-75 (Fla. 1987), and General Home Dev.

11
Ernest & Norman Hart Bros. v. Town Contractors, Inc.green
massappct · 1984 · cited in 1 Massachusetts opinions naming this issue, 1991–1991
1 sentence

1991Until recently, and in consequence oiNute, “Massachusetts decisions, in general but not always, have disregarded forum selection provisions in contracts or treated them as invalid.” Ernest & Norman Hart Bros., Inc. v. Town Contractors, Inc., 18 Mass. App. Ct. 60, 63 (1984).

11
First Nat. Bank of Charlotte v. Morgangreen
scotus · 1889 · cited in 1 Massachusetts opinions naming this issue, 1980–1980
2 sentences

1980The only suits against banking associations that are exempt from the provisions of § 94 are (1) actions that are local (as opposed to transitory) in nature, Casey v. Adams, 102 U.S. 66, 68 (1880), and (2) actions in which the venue requirement has been waived, First Nat’l Bank v. Morgan, 132 U.S. 141, 145 (1889).

1980The venue privilege may be lost by failure to assert it seasonably, First Nat'l Bank v. Morgan, 132 U.S. 141, 145 (1889); by consent to be sued, Neirbo Co. v. Bethlehem Shipbuilding Corp., supra at 175; or by waiver through conduct, Buffum v. Chase Nat’l Bank, 192 F.2d 58, 60 (7th Cir. 1951), cert. denied, 342 U.S. 944 (1952).

11
Buffum v. Chase Nat. Bank of City of New Yorkgreen
ca7 · 1951 · cited in 1 Massachusetts opinions naming this issue, 1980–1980
1 sentence

1980The venue privilege may be lost by failure to assert it seasonably, First Nat'l Bank v. Morgan, 132 U.S. 141, 145 (1889); by consent to be sued, Neirbo Co. v. Bethlehem Shipbuilding Corp., supra at 175; or by waiver through conduct, Buffum v. Chase Nat’l Bank, 192 F.2d 58, 60 (7th Cir. 1951), cert. denied, 342 U.S. 944 (1952).

11
Neirbo Co. v. Bethlehem Shipbuilding Corp.green
scotus · 1939 · cited in 1 Massachusetts opinions naming this issue, 1980–1980
1 sentence

1980The venue privilege may be lost by failure to assert it seasonably, First Nat'l Bank v. Morgan, 132 U.S. 141, 145 (1889); by consent to be sued, Neirbo Co. v. Bethlehem Shipbuilding Corp., supra at 175; or by waiver through conduct, Buffum v. Chase Nat’l Bank, 192 F.2d 58, 60 (7th Cir. 1951), cert. denied, 342 U.S. 944 (1952).

11
First Federal Savings & Loan Ass'n v. Merrimack Valley National Bankgreen
massappct · 1977 · cited in 1 Massachusetts opinions naming this issue, 1978–1978
1 sentence

1978Sav. & Loan Assn. v. Merrimack Valley Nat’l Bank, 5 Mass. App. Ct. 320, 322 [1977]) — applies to this case.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Googins v. Hable green
scotus · 1952
1 sentence

1980The venue privilege may be lost by failure to assert it seasonably, First Nat'l Bank v. Morgan, 132 U.S. 141, 145 (1889); by consent to be sued, Neirbo Co. v. Bethlehem Shipbuilding Corp., supra at 175; or by waiver through conduct, Buffum v. Chase Nat’l Bank, 192 F.2d 58, 60 (7th Cir. 1951), cert. denied, 342 U.S. 944 (1952).

11980–1980

Statutes the citing opinions construe

USC § 12u.s.c.94 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 291 (1917–2026) FL 77 (1957–2026) LA 37 (1962–2025) PA 35 (1974–2025) CA 25 (1964–2025) MS 24 (1986–2025) NY 23 (1943–2024) IL 21 (1957–2025) OH 18 (1972–2026) AL 17 (1981–2018) MI 14 (1987–2023) OR 14 (1980–2026) WA 14 (1950–2021) MO 13 (1899–2024) GA 12 (1992–2025) WI 9 (1969–2025) AZ 9 (1977–2021) IN 8 (1983–2025) VA 6 (2006–2025) KS 6 (2005–2022) CT 6 (1982–2017) MN 6 (2009–2026) NE 5 (2000–2019) IA 5 (1977–2023) MA 5 (1977–2002) MD 5 (1978–2013) SC 5 (1989–2018) OK 4 (1929–2014) MT 4 (1958–2009) NJ 4 (1979–2008) WV 4 (1988–2021) NM 4 (1981–2019) CO 3 (1982–2011) UT 3 (1997–2023) NH 2 (1994–2007) ND 2 (1978–2010) SD 2 (1993–2020) NC 2 (2013–2024) TN 2 (1985–2015) AR 2 (1931–2016) AK 2 (2002–2018)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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