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9 Massachusetts opinions name it 3 courts 1941–2025 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.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Gomezgreen2 sentences2025The Supreme Judicial Court first allowed the use of conditional plea agreements in Commonwealth v. Gomez, 480 Mass. 240, 240-241, 252 (2018), which prompted the addition of rule 12 (b) (6) to the Massachusetts Rules of Criminal Procedure in 2019, see Gomez, supra at 252 . 2025The Supreme Judicial Court first allowed the use of conditional plea agreements in Commonwealth v. Gomez, 480 Mass. 240, 240-241, 252 (2018), which prompted the addition of rule 12 (b) (6) to the Massachusetts Rules of Criminal Procedure in 2019, see Gomez, supra at 252 . | 1 | 1 |
Beacon South Station Associates, LSE v. Board of Assessorsgreen1 sentence2024The addition of the exception to § 24 "explicitly narrow[ed] the exemption." Beacon S. Station Assocs., supra at 308. | 1 | 1 |
Town of Marshfield v. City of Springfieldgreen1 sentence2024See Marshfield v. Springfield, 337 Mass. 633, 637-638 (1958) ("Presumably some change of meaning was intended" by amendment to statute). | 1 | 1 |
Garabedian v. Westlandgreen1 sentence2009To allow the addition of a claim for declaratory relief to deprive the defendants of their immunity from suit under the anti-SLAPP statute would defeat the purpose and intent of the statute to protect against harassment and the burden of litigation. 20 Contrast Gara-bedian v. Westland, 59 Mass. App. Ct. 427,432-433 (2003) (refusing to dismiss declaratory judgment action under anti-SLAPP statute because plaintiffs claims had substantial basis in addition to petitioning). | 1 | 1 |
Dowhal v. Smithkline Beecham Consumer Healthcaregreen1 sentence2007LEXIS 64499 , *18 (E.D.Tex. 2006) (“Of note is the FDA’s view that a claim is preempted if the FDA determined that the warning is not supported by the evidence before the FDA”); Colacicco, 432 F.Sup.2d at 527 (“FDA specifically and repeatedly rejected claims [for a labeling change] . . . [and found] no reasonable evidence to support. . . any such warning” (emphasis added)); Dowal v. Smithline Beecham Consumer Healthcare, 32 Cal.4th 910, 920 (Cal. 2004) (plaintiffs case preempted by federal law when defendant asked the FDA for permission to change the label and the FDA denied the request). | 1 | 1 |
Stokosa v. Waltuchgreen1 sentence2002Contrary to the husband’s argument, there is no significance to the fact that there has been no express incorporation of Mass.R.Civ.P. 54(f), as amended, 382 Mass. 822 (1980), 6 which was added to the Rules of Civil Procedure effective July 1, 1980, into the Massachusetts Rules of Domestic Relations Procedure. 7 The evident purpose of the addition of rule 54(f) was to clarify the problem identified in Stokosa v. Waltuch, 378 Mass. 617, 620 (1979), as to the duty of the clerk to compute both prejudgment and postjudgment interest. | 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. Cruz
green
1 sentence2015Finally, we conclude with “fair assurance,” Cruz, 445 Mass. at 591 , that if the judge had charged the jury that the defendant was entitled to use such force as was necessary and reasonable to carry out his official duties, the addition of this instruction would not have had an effect on the verdicts. | 1 | 2015–2015 |
Commonwealth v. McDuffy
green
1 sentence2014The decision in Commonwealth v. White, supra, appears to have departed from this settled principle when, in summarizing the law, the Appeals Court stated that the jury must acquit a defendant of larceny if they find “that the defendant honestly and reasonably believed that the money he took from [the victim] represented a debt actually due from [the victim] to the defendant” (emphasis supplied). 9 Id. at 488 . *159 The addition of a requirement of a reasonable belief is inconsistent with the White court’s reliance on cases such as Commonwealth v. McDuffy, supra, and Commonwealth v. Weld, supra | 1 | 2014–2014 |
Commonwealth v. White
green
2 sentences2014The decision in Commonwealth v. White, supra, appears to have departed from this settled principle when, in summarizing the law, the Appeals Court stated that the jury must acquit a defendant of larceny if they find “that the defendant honestly and reasonably believed that the money he took from [the victim] represented a debt actually due from [the victim] to the defendant” (emphasis supplied). 9 Id. at 488 . *159 The addition of a requirement of a reasonable belief is inconsistent with the White court’s reliance on cases such as Commonwealth v. McDuffy, supra, and Commonwealth v. Weld, supra 2014The decision in Commonwealth v. White, supra, appears to have departed from this settled principle when, in summarizing the law, the Appeals Court stated that the jury must acquit a defendant of larceny if they find “that the defendant honestly and reasonably believed that the money he took from [the victim] represented a debt actually due from [the victim] to the defendant” (emphasis supplied). 9 Id. at 488 . *159 The addition of a requirement of a reasonable belief is inconsistent with the White court’s reliance on cases such as Commonwealth v. McDuffy, supra, and Commonwealth v. Weld, supra | 1 | 2014–2014 |
North American Expositions Co. v. Corcoran
green
1 sentence2012“To allow the addition of a claim for declaratory relief to deprive the defendants of their immunity from suit under the anti-SLAPP statute would defeat the purpose and intent of the statute to protect against harassment and the burden of litigation.” Id. | 1 | 2012–2012 |
Opinion of the Justices to the Senate
green
1 sentence1941Would the provisions of said chapter 152, as amended by said proposed law, more particularly the provisions contained in that part of section 1 defining the word “insurer” and in sections 62, 66 and 67, constitute “legal compulsion”, as that expression is used in the Opinion of the Justices, 209 Mass. 607 at page 611, upon an employer to provide by insurance in the state insurance fund for the payment of the compensation provided for by said chapter; and if so, would said provisions be constitutional, especially in view of the limitations upon the police power under the Constitution of the Com | 1 | 1941–1941 |
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.