Maxwell v. AIG Domestic Claims, Inc.

Docket NumberSJC-10757
Decision Date30 June 2011

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41 cases
  • Edwards v. Commonwealth
    • United States
    • Supreme Judicial Court of Massachusetts
    • October 12, 2021
    ...favorable to the nonmoving party, there exist genuine issues of material fact ..." (citation omitted). Maxwell v. AIG Domestic Claims, Inc., 460 Mass. 91, 97, 950 N.E.2d 40 (2011). See Godbout v. Cousens, 396 Mass. 254, 257, 261, 485 N.E.2d 940 (1985) (nonmoving party has burden to show gen......
  • Estate of Moulton v. Puopolo
    • United States
    • Supreme Judicial Court of Massachusetts
    • March 14, 2014
    ...of present execution requires that the immunity defense be collateral to the rest of the controversy. Maxwell v. AIG Domestic Claims, Inc., 460 Mass. 91, 106 n. 12, 950 N.E.2d 40 (2011), citing Elles v. Zoning Bd. of Appeals of Quincy, 450 Mass. 671, 673–674, 881 N.E.2d 129 (2008). The dire......
  • Fortunato v. Akebia Therapeutics, Inc.
    • United States
    • Massachusetts Superior Court
    • February 21, 2017
    ... ... Anthony ... Fortunato asserts claims on behalf of himself and a putative ... class of investors in Akebia Therapeutics, Inc. The ... subject matter jurisdiction over Fortunato's claims. See ... Maxwell v. AIG Domestic Claims, Inc. , 460 Mass. 91, ... 99, 950 N.E.2d 40 (2011) (deciding ... ...
  • Fernandes v. Attleboro Hous. Auth.
    • United States
    • Supreme Judicial Court of Massachusetts
    • November 19, 2014
    ...subject matter jurisdiction may be raised by the parties at any time or by the court on its own motion.” Maxwell v. AIG Domestic Claims, Inc., 460 Mass. 91, 99, 950 N.E.2d 40 (2011). Here, the Attleboro Housing Authority (AHA) raised the issue of jurisdiction in a memorandum of law filed in......
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1 books & journal articles
  • Raise or lose: appellate discretion and principled decision-making.
    • United States
    • Suffolk Journal of Trial & Appellate Advocacy Vol. 17 No. 2, June 2012
    • June 1, 2012
    ...courts have addressed claims of jurisdiction both in the raise or lose context and otherwise. See Maxwell v. AIG Domestic Claims, Inc., 950 N.E.2d 40, 48 (Mass. 2011) ("[T]he question of subject matter jurisdiction may be raised by the parties at any time or by the court on its own motion."......