action constitutes claim (Massachusetts) · Go Syfert
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action constitutes claim in Massachusetts

6 Massachusetts opinions name it 3 courts 1969–2016 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.

Followed or applied (5)

CaseFollowedCited
Sutherland v. Aolean Development Corp.green
mass · 1987 · cited in 2 Massachusetts opinions naming this issue, 2001–2016
2 sentences

2016Corp., 399 Mass. 36, 41 (1987).

2001In Sutherland v. Aolian Development Corp., 399 Mass. 36 (1987), the Supreme Judicial Court explained that the process of determining whether to approve a motion for a lis pendens does not call for a judicial determination of the merits of the underlying action, and, in particular, for an inquiry into whether a motion under Mass.R.Civ.P. 12(b)(6) to dismiss the action for failure to state a claim upon which relief could be granted would be granted.

12
McMann v. McGowangreen
massappct · 2008 · cited in 1 Massachusetts opinions naming this issue, 2015–2015
1 sentence

2015General Laws c. 184, § 15(b) further provides, “[a]ny parly seeking a memorandum of lis pendens under this section shall commence the underlying proceeding by means of a verified complaint... to include a certification by the claimant made under the penalties of perjury . . . that no material facts have been omitted therefrom.” “A party’s failure to include all material facts may result in the dismissal of that parly’s claims where the omitted facts establish that those claims are devoid of reasonable factual support or arguable basis in law." McCann v. McGowan, 71 Mass.App.Ct. 513, 519-20 (20

11
Sheriff of Plymouth County v. Plymouth County Personnel Boardgreen
mass · 2004 · cited in 1 Massachusetts opinions naming this issue, 2010–2010
1 sentence

2010Sheriff of Plymouth County v. Plymouth County Personnel Bd., 440 Mass. 708, 710 (2004) (personnel board’s failure to provide written reasoning for its determination did not constitute a reviewable error of law).

11
Pavlik v. Dmytryckgreen
massappct · 1978 · cited in 1 Massachusetts opinions naming this issue, 1992–1992
1 sentence

1992In Pavlik v. Dmytryck, 6 Mass. App. Ct. 915, 916 (1978), we assumed, on facts similar to those here, that the judge exceeded his authority in ordering the transfer of the husband’s property to the wife, and we held that the judgment was nevertheless binding on the parties and those in privity with them, but we indicated that the judgment was not binding on a “stranger” to the litigation whose interests were affected by the proceedings.

11
Miranda v. Arizonagreen
scotus · 1966 · cited in 1 Massachusetts opinions naming this issue, 1969–1969
1 sentence

1969"Independent of any other constitutional proscription, this action constitutes a violation of the Sixth Amendment right to the assistance of counsel and excludes any statement obtained in its wake.” Miranda v. Arizona, 384 U. S. 436, 465-466, n. 35 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Statutes the citing opinions construe

MA § Mass. Gen. Laws ch. 184, § 15 (4)

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.

Where else courts name it

MI 7 (1984–2023) MA 6 (1969–2016) NY 3 (1939–1995) NJ 2 (2008–2020) TX 2 (2008–2015) IL 2 (1982–1987) MD 2 (1990–2000) MN 2 (1955–2007) IN 2 (1977–1978)

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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