right to assert defense (Massachusetts) · Go Syfert
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right to assert defense in Massachusetts

7 Massachusetts opinions name it 3 courts 1983–2025 1 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 (5)

CaseFollowedCited
Martin v. Hallgreen
mass · 1976 · cited in 2 Massachusetts opinions naming this issue, 1983–1994
2 sentences

1994Martin v. Hall, 369 Mass. 882, 884-885 (1976).

1983Martin v. Hall, 369 Mass. 882, 884-885 (1976).

22
Michnik-Zilberman v. Gordon's Liquor, Inc.green
mass · 1983 · cited in 1 Massachusetts opinions naming this issue, 2025–2025
1 sentence

2025"Failure to renew the motion . . . generally results in a waiver of the right to assert error in the denial of a directed verdict." Michnik- Zilberman v. Gordon's Liquor, Inc., 390 Mass. 6, 9 (1983).

11
Blixt v. Blixtgreen
mass · 2002 · cited in 1 Massachusetts opinions naming this issue, 2010–2010
1 sentence

2010In concluding that Gately lacked standing to intervene in the action, the judge observed that “[ojrdinarily one may not claim standing ... to vindicate the constitutional rights of some third party,” citing (and quoting from) Blixt v. Blixt, 437 Mass. 649, 661 (2002).

11
Sorenson v. H & R Block, Inc.green
mad · 2000 · cited in 1 Massachusetts opinions naming this issue, 2005–2005
1 sentence

2005See Sorenson v. H&R Block, Inc., 197 F.R.D. 199, 205 (D.Mass. 2000) (interpreting scope of G.L.c. 233, §20B, and concluding that privilege was not waived by patient disclosure of identity of psychotherapist or dates and costs of treatment or by revealing general description of substance of communications).

11
Commonwealth v. Dunningtongreen
mass · 1983 · cited in 1 Massachusetts opinions naming this issue, 1997–1997
1 sentence

1997See, e.g., Commonwealth v. Dunnington, 390 Mass. 472, 479 (1983) (waiver for failing to assert defense at de novo jury trial following bench trial); Commonwealth v. Deeran , 397 Mass, at 142 (waiver for failing to assert defense in first motion for a new trial).

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
Shawmut Bank, N.A. v. Chase green
massappct · 1993
2 sentences

2010Even if Massachusetts law generally places the burden of proof with respect to commercial reasonableness on the creditor, see Shawmut Bank, 34 Mass.App.Ct. at 270 , and Massachusetts law does not allow contractual waivers of the defense of commercial reasonableness, Shawmut Bank, 34 Mass.App.Ct. at 269-71 , a guarantor should be deemed to have waived the right to assert the defense of lack of commercial reasonableness by its conduct in defaulting after notice that the plaintiff seeks damages for a specifically defined deficiency, or, in the alternative the guarantor should bear the burden of c

2010Even if Massachusetts law generally places the burden of proof with respect to commercial reasonableness on the creditor, see Shawmut Bank, 34 Mass.App.Ct. at 270 , and Massachusetts law does not allow contractual waivers of the defense of commercial reasonableness, Shawmut Bank, 34 Mass.App.Ct. at 269-71 , a guarantor should be deemed to have waived the right to assert the defense of lack of commercial reasonableness by its conduct in defaulting after notice that the plaintiff seeks damages for a specifically defined deficiency, or, in the alternative the guarantor should bear the burden of c

12010–2010

Where else courts name it

CA 66 (1954–2025) IA 37 (1910–2025) OH 29 (1967–2026) NY 26 (1923–2023) LA 25 (1955–2020) PA 20 (1919–2024) IN 20 (1923–2014) IL 19 (1954–2024) NC 19 (1962–2024) WA 18 (1969–2025) CT 17 (1968–2014) MI 17 (1964–2018) GA 17 (1985–2020) MD 16 (1881–2025) TX 16 (1950–2024) FL 10 (1891–2025) VA 8 (1982–2000) MO 8 (1890–2024) MA 7 (1983–2025) AL 6 (1976–2010) DE 6 (1948–2024) WI 5 (1970–2013) VI 5 (2012–2024) NJ 5 (1951–2007) TN 5 (1976–1999) OK 5 (1923–2009) MT 5 (1977–2020) MN 4 (1966–2005) KS 3 (1913–2000) NE 3 (2019–2024) CO 3 (1913–2000) OR 2 (1982–2020) AR 2 (1997–1999) KY 2 (1872–2000)

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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