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13 Massachusetts opinions name it 4 courts 1994–2020 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.
| Case | Followed | Cited |
|---|---|---|
Weaver v. Commonwealthgreen2 sentences2020Thus, without an actual presentment made in strict compliance with the statute, the executive officer with the authority to settle a claim could not be assured of an adequate opportunity to investigate the circumstances surrounding that claim in order to determine whether an offer of settlement should be made." Weaver v. Commonwealth, 387 Mass. 43, 47 (1982) (internal citation omitted); see also Estate of Gavin, 468 Mass. at 133 ("presentment to the appropriate executive officer is critical. . . ") (citing Weaver, 387 Mass. 43, 47 (1982)). 2020Thus, without an actual presentment made in strict compliance with the statute, the executive officer with the authority to settle a claim could not be assured of an adequate opportunity to investigate the circumstances surrounding that claim in order to determine whether an offer of settlement should be made." Weaver v. Commonwealth, 387 Mass. 43, 47 (1982) (internal citation omitted); see also Estate of Gavin, 468 Mass. at 133 ("presentment to the appropriate executive officer is critical. . . ") (citing Weaver, 387 Mass. 43, 47 (1982)). | 2 | 6 |
Swartwout v. Taylorgreen2 sentences2011Lopez v. Lynn Housing Auth., 440 Mass. 1029, 1030 (2003). 2004See id. | 2 | 2 |
Commonwealth v. Mageegreen2 sentences2010Commonwealth v. Magee, 423 Mass. 381, 386 (1996). 2003See Commonwealth v. Magee, 423 Mass. 381, 386 (1996). | 2 | 2 |
Estate of Gavin v. Tewksbury State Hospitalgreen1 sentence2020Thus, without an actual presentment made in strict compliance with the statute, the executive officer with the authority to settle a claim could not be assured of an adequate opportunity to investigate the circumstances surrounding that claim in order to determine whether an offer of settlement should be made." Weaver v. Commonwealth, 387 Mass. 43, 47 (1982) (internal citation omitted); see also Estate of Gavin, 468 Mass. at 133 ("presentment to the appropriate executive officer is critical. . . ") (citing Weaver, 387 Mass. 43, 47 (1982)). | 1 | 1 |
Commonwealth v. Mazariegogreen1 sentence2016See Commonwealth v. Mazariego, 474 Mass. 42, 52-53 (2016). | 1 | 1 |
Commonwealth v. Edwardsgreen1 sentence2010Such determinations are based on the totality of the circumstances surrounding the waiver, Commonwealth v. Edwards, 420 Mass. 666, 670 (1995), and the burden is on the Commonwealth to prove the adequacy of a waiver beyond a reasonable doubt. | 1 | 1 |
Garcia v. Essex County Sheriff's Departmentgreen1 sentence2007Without such compliance, ‘the executive officer with the authority to settle a claim could not be assured of an adequate opportunity to investigate the circumstances surrounding that claim in order to determine whether an offer of settlement should be made.’ Id. at 48”); Garcia v. Essex County Sheriff’s Dept., 65 Mass. App. Ct. 104, 107 (2005) (presentment of a claim is required under § 4 prior to the filing of a civil tort suit). 4 Likewise, the judge’s interpretation of the term “claim” in § 13 is inconsistent with its usage in G. | 1 | 1 |
Commonwealth v. Rodriguezgreen1 sentence2003The defendant asserts that his age, his education, and his discomfort at the time of the interrogation combined to render his waiver involuntary. 3 Although it is the Commonwealth’s burden to establish the voluntariness of a Miranda waiver beyond a reasonable doubt, see id., the motion judge determined that that burden had been met, and we see nothing in the totality of the circumstances surrounding the waiver, see Commonwealth v. Rodriguez, 425 Mass. 361, 366 (1997), that would justify a contrary ruling. | 1 | 1 |
Linthicum v. Archambaultgreen1 sentence2003The defendant1 s refusal to tender relief without an opportunity for a proper investigation of the circumstances surrounding the claim and indeed to ascertain whether it was liable at all does not warrant the multiplication of damages. ‘While it is not a defense to a 93A claim that the defendant’s conduct was negligent rather than intentional, negligence does not give rise to a multiple damage claim....” Linthicum v. Archambault, 379 Mass. 381, 388 (1979). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. Todd
green
1 sentence2003The defendant asserts that his age, his education, and his discomfort at the time of the interrogation combined to render his waiver involuntary. 3 Although it is the Commonwealth’s burden to establish the voluntariness of a Miranda waiver beyond a reasonable doubt, see id., the motion judge determined that that burden had been met, and we see nothing in the totality of the circumstances surrounding the waiver, see Commonwealth v. Rodriguez, 425 Mass. 361, 366 (1997), that would justify a contrary ruling. | 1 | 2003–2003 |
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.
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.