cost defense (Massachusetts) · Go Syfert
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cost defense in Massachusetts

11 Massachusetts opinions name it 3 courts 1903–2026 2 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 (8)

CaseFollowedCited
Department of Youth Services v. a Juvenilegreen
mass · 1986 · cited in 1 Massachusetts opinions naming this issue, 2026–2026
1 sentence

2026See Department of Youth Servs. v. A Juvenile, 398 Mass. 516, 531 (1986).

11
City of Boston v. Keene Corp.green
mass · 1989 · cited in 1 Massachusetts opinions naming this issue, 2023–2023
1 sentence

2023See Boston v. Keene Corp., 406 Mass. 301, 304 (1989) ("party seeking declaratory judgment need not demonstrate an actual impairment of rights").

11
Weber v. Community Teamwork, Inc.green
mass · 2001 · cited in 1 Massachusetts opinions naming this issue, 2011–2011
1 sentence

2011The court’s cost analysis is classic “relation back” analysis, applicable to statutes of limitation, not statutes of repose, see Weber v. Community Teamwork, Inc., 434 Mass. 761, 785-786 (2001), and such analysis has no place in cases involving a statute of repose.

11
Terrio v. McDONOUGH HARTFORD FIRE INS. CO.green
massappct · 1983 · cited in 1 Massachusetts opinions naming this issue, 2007–2007
1 sentence

2007See Terrio v. McDonough, 16 Mass. App. Ct. 163, 168-169 (1983).

11
Jefferson Insurance v. National Union Fire Insurancegreen
massappct · 1997 · cited in 1 Massachusetts opinions naming this issue, 1999–1999
1 sentence

1999“An insurer who unjustifiably refuses or fails to defend its insured, even in good faith, assumes the consequential risks of that breach of its insurance contract, including liability for the expense of a reasonable settlement of the underlying claim as well as the cost of the defense to that time,” Jefferson Insurance Co. of New York v. National Union Fire Insurance Co. of Pittsburgh, Pa., 42 Mass.App.Ct. 94, 103 (1997).

11
Lipinski v. Lynn Redevelopment Authoritygreen
mass · 1969 · cited in 1 Massachusetts opinions naming this issue, 1994–1994
1 sentence

1994Authy., 355 Mass. 550, 551-552 [1969]; Commonwealth v. McDonough, 400 Mass. 639, 647-648 [1987]), that it lacked a sufficient foundation (and thus was speculative), in that the appraiser had not himself sufficiently analyzed the cost factors constraining Industries’ viability (such as resin costs, labor contracts, debt-carrying costs), thus basing his opinion (in the judge’s view) too much on industry-wide projections and not enough on factors peculiar to Industries, which, the appraiser acknowledged, was in December, 1983, “hanging by a thread.” The appraiser offset these negative factors by

11
Commonwealth v. McDonoughgreen
mass · 1987 · cited in 1 Massachusetts opinions naming this issue, 1994–1994
1 sentence

1994Authy., 355 Mass. 550, 551-552 [1969]; Commonwealth v. McDonough, 400 Mass. 639, 647-648 [1987]), that it lacked a sufficient foundation (and thus was speculative), in that the appraiser had not himself sufficiently analyzed the cost factors constraining Industries’ viability (such as resin costs, labor contracts, debt-carrying costs), thus basing his opinion (in the judge’s view) too much on industry-wide projections and not enough on factors peculiar to Industries, which, the appraiser acknowledged, was in December, 1983, “hanging by a thread.” The appraiser offset these negative factors by

11
Providence & Worcester Railroadgreen
mass · 1898 · cited in 1 Massachusetts opinions naming this issue, 1903–1903
1 sentence

1903See Providence Worcester Railroad, petitioner, 172 Mass. 117, 121 .

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 (5)

CaseCitedYears
North American Mechanical, Inc. v. Walsh Construction Co. II, LLC green
wied · 2015
1 sentence

2017Mechanical, 132 F. Supp. 3d at 1079 . 15 Suffolk suggests that Central proved it was possible when, at Suffolk's suggestion, it initially submitted a request for an equitable adjustment, documented ASI by individual ASI.

12017–2017
Demeo v. State Farm Mutual Automobile Insurance green
massappct · 1995
1 sentence

2004On the other hand, “the cost of defense, the size of the plaintiffs demand, and the insurer’s ‘business judgment’ are all unrelated to the likelihood of the defendant’s liability." Demeo, 38 Mass.App.Ct. at 956 .

12004–2004
International Mobiles Corp. v. Corroon & Black/Fairfield & Ellis, Inc. green
massappct · 1990
1 sentence

2004Id. at 219-20 .

12004–2004
Commonwealth v. Lockley green
mass · 1980
1 sentence

1986In considering a particular § 27C request for costs of a polygraph examination a judge is empowered to consider among other factors “(1) the cost of the test; (2) whether the requirements of admissibility of polygraphic evidence set forth in [Commonwealth v. Vitello, 376 Mass. 426 (1978)] have been satisfied; (3) the limited use to which poly-graphic evidence may be put at trial; (4) whether the defendant has a criminal record which might deter him from testifying; and (5) the possibility that the test might work to the defendant’s disadvantage in the event that it produces a result unfavorabl

11986–1986
Commonwealth v. Vitello green
mass · 1978
1 sentence

1986In considering a particular § 27C request for costs of a polygraph examination a judge is empowered to consider among other factors “(1) the cost of the test; (2) whether the requirements of admissibility of polygraphic evidence set forth in [Commonwealth v. Vitello, 376 Mass. 426 (1978)] have been satisfied; (3) the limited use to which poly-graphic evidence may be put at trial; (4) whether the defendant has a criminal record which might deter him from testifying; and (5) the possibility that the test might work to the defendant’s disadvantage in the event that it produces a result unfavorabl

11986–1986

Where else courts name it

CA 82 (1915–2026) NY 28 (1899–2019) LA 20 (1980–2018) IL 20 (1916–2022) MI 18 (1945–2024) NJ 18 (1971–2024) TX 17 (1986–2026) WA 16 (1972–2019) CO 16 (1960–2026) MD 15 (1975–2019) FL 14 (1981–2025) AZ 12 (1965–2019) PA 12 (1937–2017) MA 11 (1903–2026) IA 10 (1972–2025) MO 10 (1983–2021) MS 9 (1986–2004) WI 8 (1947–2026) AK 8 (1973–2025) CT 7 (1995–2019) MN 7 (1981–2016) GA 7 (1983–2025) OH 7 (1993–2024) OK 6 (1962–2015) TN 6 (1985–2013) IN 6 (2010–2020) KS 6 (1913–2009) NH 5 (2008–2021) NM 5 (1990–2015) VA 5 (1955–2026) NC 5 (1992–2018) OR 4 (1933–2021) HI 4 (2009–2016) RI 3 (1981–2006) WY 3 (1984–2021) AL 2 (1986–2010) SC 2 (1977–1999) UT 2 (1990–1997) DC 2 (1982–2025) ID 2 (1992–1997) NV 2 (1995–2021) MT 2 (1998–2003) NE 2 (1983–1984)

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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