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7 Massachusetts opinions name it 3 courts 1845–2018 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 |
|---|---|---|
Commonwealth v. Trangreen1 sentence2018See Siny Van Tran , supra (affirming denial of suppression did not "offend the spirit of Rosario "). | 1 | 1 |
cluster 547541green1 sentence2008The court held that the defendants waived the defense because “they did not comply with the spirit of the rule, which is ‘to expedite and simplify proceedings ....’” Ibid., quoting from Yeldell v. Tutt, 913 F.2d 533, 539 (8th Cir. 1990). | 1 | 1 |
Harhen v. Browngreen1 sentence2006The spirit of the rule is that disinterested directors and officers are presumed to act “in good faith towards all the corporation’s members,” Harhen v. Brown, 431 Mass. 838, 844 (2000), quoting S. Solomont & Sons Trust v. New England Theatres Operating Corp., 326 Mass. 99, 113 (1950), and are given considerable latitude in determining how the corporation should best be managed. | 1 | 1 |
S. Solomont & Sons Trust, Inc. v. New England Theatres Operating Corp.green1 sentence2006The spirit of the rule is that disinterested directors and officers are presumed to act “in good faith towards all the corporation’s members,” Harhen v. Brown, 431 Mass. 838, 844 (2000), quoting S. Solomont & Sons Trust v. New England Theatres Operating Corp., 326 Mass. 99, 113 (1950), and are given considerable latitude in determining how the corporation should best be managed. | 1 | 1 |
Evangelist v. Fidelity Management & Research Co.green1 sentence2006See Evangelist v. Fidelity Mgmt. & Research Co., 554 F. Supp. 87, 90-91 (D.Mass. 1982) (“The [business judgment] rule originated as a means of limiting liability of corporate officers and directors for mere mistakes or judgment errors so as to give them the latitude they need to run a corporation; courts will not second-guess their decisions if made honestly, in good faith and in pursuit of legitimate corporate purposes” (citing 3A Fletcher, Cyclopedia of the Law of Private Corporations, §1039 (perm. ed. 1975)). | 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. Morganti
green
2 sentences2018Indeed, the voluntary nature of the interview, made to accommodate-not undermine-his wishes, bolsters the finding that the admission in evidence of the defendant's statements does not violate "the spirit of the rule." Commonwealth v. Morganti , 455 Mass. 388 , 400 (2009). 2012Although we have recently stated that the safe harbor rule “applies by its terms only to persons arrested in Massachusetts,” Commonwealth v. Morganti, supra, we nevertheless may consider whether the circumstances of a particular interrogation “violated the spirit of the rule.” Id. at 400 . | 2 | 2012–2018 |
Commonwealth v. Goodwin
green
1 sentence2014“It would be unfair and contrary to the spirit of rule 12 (c) (2) for a judge to accept a plea bargain and impose the recommended sentence, and then, after the defendant has lost the opportunity to withdraw his plea, increase the sentence by adding a new or modified probationary condition so severe as to significantly increase the recommended sentence.” Goodwin, supra. In these circumstances, therefore, the imposition of GPS monitoring on the defendant was not timely enough to protect his interest in the finality of his initial punishment. | 1 | 2014–2014 |
Datskow v. Teledyne
green
1 sentence2008In Datskow, 899 F.2d at 1303 , the defendant only participated in the administration of the case for a few months. | 1 | 2008–2008 |
Tufts v. Newton
neutral
1 sentence1914Tufts v. Newton, 117 Mass. 68 . | 1 | 1914–1914 |
Jackson ex dem. Fosdick v. West
neutral
1 sentence1845It was there contended, as in the present case, that the recording of the levy within three months was a condition essential to the vesting of a-legal title in the creditor; but this court held otherwise, giving to this provision, which required the recording of a levy of execution in three months, the same construction which they had already given to St. 1783, c. 37, requiring the recording of deeds, and holding that, as to the former as well as the latter, the object of the registry was none other than to give notice to a subsequent purchaser or attaching creditor, and that it was not a prer | 1 | 1845–1845 |
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.