How cited: Lopez v. Commonwealth · Go Syfert

Lopez v. Commonwealth (2012)

green · 96 citation events across 7 courts. Showing the 50 strongest citers on record (one row per citing case, strongest signal kept).
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201320192026
Rule Authority · D. Mass. · 2 citations in this opinion
This claim, as Ferranto acknowledged at the hearing, is an 6 Quincy relies on his affidavit to dispute his knowledge of Ferranto’s August 19, 2024 letter, but the affidavit may not be considered on a motion to dismiss without converting it into a motion for summary judgment. alternative theory of liability as to Quincy.7 To prevail on a claim of aiding and abetting under Chapter 151B, a plaintiff must establish that the defendant (1) “committed a wholly individual and distin…
quotation marks omitted
Rule Authority · Mass. Super. Ct. · 2 citations in this opinion
P. 12(b)(6)”). [2] To survive a motion to dismiss under Rule 12(b)(6), a complaint must allege facts that, if true, would “plausibly suggest[] … an entitlement to relief.” Lopez v. Commonwealth, 463 Mass. 696, 701 (2012), quoting Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008), and Bell Atl.
green Urella v. Verizon (2024)
Rule Authority · D. Mass. · 2 citations in this opinion
June 21, 2013). under [Chapter] 151B.’ Lopez v. Commonwealth, 463 Mass. 696, 713 (2012) (citing Harmon v. Malden Hosp., 19 Mass. Discrimination L.
quoting same
Rule Authority · D. Mass. · 2 citations in this opinion
Section 4(4A) “has two clauses, only one of which (the second) provides protection against retaliation.” Lopez v. Commonwealth, 463 Mass. 696, 707 (2012).
Rule Authority · Mass. App. Ct. · 2 citations in this opinion
The factual content is sufficient if it “allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged,” Garayalde-Rijos v. Municipality of Carolina, 747 F.3d 15, 23 (1st Cir. 2014), quoting from Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009), and “it. . . raise[s] a reasonable expectation that discovery will reveal evidence [of the alleged misconduct].” Lopez v. Commonwealth, 463 Mass. 696, 712 (2012), quoting from Bell Atl.
Rule Authority · Mass. App. Ct. · 2 citations in this opinion
"Discrimination that is based on proof of disparate impact 'involve[s] employment practices that are facially neutral in their treatment of different groups, but that in fact fall more harshly on one group than another.'" Lopez v. Commonwealth, 463 Mass. 696, 709 (2012), quoting from School Comm. of Braintree v. Massachusetts Commn.
Rule Authority · Mass. Super. Ct. · 2 citations in this opinion
In determining whether the claims in a plaintiffs complaint are sufficient to survive a motion to dismiss, courts must accept as true “the factual allegations in the plaintiffs complaint, as well as any favorable inferences reasonably drawn from them.” Lopez v. Commonwealth, 463 Mass. 696, 700 (2012), quoting Ginther v. Comm’r of Ins., 427 Mass. 319, 322 (1998).
Rule Authority · Mass. Super. Ct.
To survive a motion to dismiss under Rule 12(b)(6), a complaint must make factual allegations that, if true, would “plausibly suggest … an entitlement to relief.” Lopez v. Commonwealth, 463 Mass. 696, 701 (2012), quoting Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008), and Bell Atl.
Rule Authority · Mass. Super. Ct.
P. 12(b)(6), a complaint or counterclaims must make factual allegations that, if true, would “plausibly suggest … an entitlement to relief.” Lopez v. Commonwealth, 463 Mass. 696, 701 (2012), quoting Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008), and Bell Atl.
Rule Authority · Mass. Super. Ct.
P. 12(b)(6), a complaint or counterclaim must allege facts that, if true, would “plausibly suggest[] … an entitlement to relief.” Lopez v. Commonwealth, 463 Mass. 696, 701 (2012), quoting Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008), and Bell Atl.
Rule Authority · Mass. Super. Ct.
P. 12(b)(6), a complaint must make factual allegations that, if true, would “plausibly suggest … an entitlement to relief.” Lopez v. Commonwealth, 463 Mass. 696, 701 (2012), quoting Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008), and Bell Atl.
Rule Authority · Mass. Super. Ct.
P. 12(b)(6), a complaint or counterclaim must make factual allegations that, if true, would “plausibly suggest … an entitlement to relief.” Lopez v. Commonwealth, 463 Mass. 696, 701 (2012), quoting Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008). -1- the risk on to a reinsurer.
Rule Authority · Mass. Super. Ct.
P. 12(b)(6), a complaint must make factual allegations that, if true, would “plausibly suggest … an entitlement to relief.” Lopez v. Commonwealth, 463 Mass. 696, 701 (2012), quoting Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008), and Bell Atl.
Rule Authority · Mass. Super. Ct.
P. 12(b)(6), a complaint must make factual allegations that, if true, would “plausibly suggest … an entitlement to relief.” Lopez v. Commonwealth, 463 Mass. 696, 701 (2012), quoting Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008), and Bell Atl.
Rule Authority · Mass. Super. Ct.
P. 12(b)(6), a complaint must make factual allegations that, if true, would “plausibly suggest … an entitlement to relief.” Lopez v. Commonwealth, 463 Mass. 696, 701 (2012), quoting Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008), and Bell Atl.
Rule Authority · Mass. Super. Ct.
To survive a motion to dismiss under Rule 12(b)(6), a complaint must make factual allegations that, if true, would “plausibly suggest … an entitlement to relief.” Lopez v. Commonwealth, 463 Mass. 696, 701 (2012), quoting Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008), and Bell Atl.
Rule Authority · Mass. Super. Ct.
P. 12(b)(6), a complaint must make factual allegations that, if true, would “plausibly suggest … an entitlement to relief.” Lopez v. Commonwealth, 463 Mass. 696, 701 (2012), quoting Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008), and Bell Atl.
Rule Authority · Mass. Super. Ct.
P. 12(b)(6), a complaint must make factual allegations that, if true, would “plausibly suggest … an entitlement to relief.” Lopez v. Commonwealth, 463 Mass. 696, 701 (2012), quoting Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008), and Bell Atl.
Rule Authority · Mass. Super. Ct.
P. 12(b)(6), a complaint must make factual allegations that, if true, would “plausibly suggest … an entitlement to relief.” Lopez v. Commonwealth, 463 Mass. 696, 701 (2012), quoting Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008), and Bell Atl.
Rule Authority · Mass. App. Ct.
In any event, we agree with the motion judge that there was no evidence that Hooper or Collet committed a "wholly individual [and] distinct wrong," separate from the discrimination and retaliation claims against Harvard, see Lopez v. Commonwealth, 463 Mass. 696, 713 (2012), and thus affirm the judgment on the claims of interference and aiding and abetting.
Rule Authority · Mass. Super. Ct.
P. 12(b)(6), a complaint must make factual allegations that, if true, would “plausibly suggest … an entitlement to relief.” Lopez v. Commonwealth, 463 Mass. 696, 701 (2012), quoting Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008), and Bell Atl.
Rule Authority · Mass. Super. Ct.
The Court will allow both motions to dismiss this action under Rule 12(b)(6) because the factual allegations in ARCO’s complaint, if true, do not “plausibly suggest … an entitlement to relief.” Lopez v. Commonwealth, 463 Mass. 696, 701 (2012), quoting Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008), and Bell Atl.
Rule Authority · Mass. Super. Ct.
P. 12(b)(6), and thus to avoid being futile under Rule 15, a complaint must allege facts that, if true, would “plausibly suggest[] … an entitlement to relief.” Lopez v. Commonwealth, 463 Mass. 696, 701 (2012), quoting Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008), and Bell Atl.
Rule Authority · Mass. Super. Ct.
To survive a motion to dismiss under Rule 12(b)(6), a complaint must allege facts that, if true, would “plausibly suggest[] … an entitlement to relief.” Lopez v. Commonwealth, 463 Mass. 696, 701 (2012), quoting Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008), and Bell Atl.
Rule Authority · Mass. App. Ct.
"We review the allowance of a motion to dismiss de novo, accepting as true the factual allegations in the plaintiff['s] complaint, as well as any favorable inferences reasonably drawn from them" (quotations and citations omitted).3 Lopez v. Commonwealth, 463 Mass. 696, 700 (2012).
Rule Authority · Mass. Super. Ct.
P. 12(b)(6), a complaint must allege facts that, if true, would “plausibly suggest[] … an entitlement to relief.” Lopez v. Commonwealth, 463 Mass. 696, 701 (2012), quoting Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008), and Bell Atl.
Rule Authority · D. Mass.
Lopez v. Commonwealth, 463 Mass. 696, 713 (2012) (internal quotation marks and punctuation removed) (quoting Harmon v. Malden Hosp., 19 Mass. Discrimination L.
internal quotation marks and punctuation removed
Rule Authority · Mass. App. Ct.
"Waiver of sovereign immunity will not be lightly inferred." Lopez v. Commonwealth, 463 Mass. 696, 701 (2012).
Rule Authority · Mass. Super. Ct.
To survive a motion to dismiss under Rule 12(b)(6), a complaint must allege facts that, if true, would “plausibly suggest[] … an entitlement to relief.” Lopez v. Commonwealth, 463 Mass. 696, 701 (2012), quoting Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008), and Bell Atl.
Rule Authority · Mass. Super. Ct.
Assuming that ------------------------------------- [1] To survive a motion to dismiss under Rule 12(b)(6), and thus to avoid being futile under Rule 15, a complaint must allege facts that, if true, would “plausibly suggest[] … an entitlement to relief.” Lopez v. Commonwealth, 463 Mass. 696, 701 (2012), quoting Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008), and Bell Atl.
Rule Authority · D. Mass.
Lopez v. Commonwealth, 463 Mass. 696, 713 (2012) (quoting Abramian v. President & Fellows of Harvard College, 432 Mass. 107, 122 (2000)).
quoting Abramian v. President & Fellows of Harvard College, 432 Mass. 107, 122 (2000)
Rule Authority · D. Mass.
Lopez v. Commonwealth, 463 Mass. 696, 713 (2012) (internal punctuation omitted).
internal punctuation omitted
Rule Authority · Mass. Super. Ct.
To survive a motion to dismiss under Rule 12(b)(6), a complaint must allege facts that, if true, would “plausibly suggest[] … an entitlement to relief.” Lopez v. Commonwealth, 463 Mass. 696, 701 (2012), quoting Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008), and Bell Atl.
Rule Authority · Mass. Super. Ct.
It argues --------------------------- [9]To survive a Rule 12(b)(6) motion to dismiss, a complaint must allege facts that, if true, would “plausibly suggest[] … an entitlement to relief.” Lopez v. Commonwealth, 463 Mass. 696, 701 (2012), quoting Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008), and Bell Atl.
Rule Authority · D. Mass.
Laws ch. 151B is the right to be free from discrimination in the terms, conditions, and privileges of employment.” Lopez v. Com., 463 Mass. 696, 707 (2012).
Rule Authority · Mass. Super. Ct.
"Waiver of sovereign immunity will not be lightly inferred." Lopez v. Commonwealth, 463 Mass. 696, 701 (2012).
Rule Authority · D. Mass.
Aiding and Abetting Discrimination (Counts VI & XI) To bring an aiding and abetting claim under Chapter 151B, “a plaintiff must show (1) that the defendant committed a wholly individual and distinct wrong . . . separate and distinct from the claim in main; (2) that the aider or abetter shared an intent to discriminate not unlike that of the alleged principal offender; and (3) that the aider or abetter knew of his or her supporting role in an enterprise designed to deprive [t…
citations and internal quotation marks omitted
Rule Authority · D. Mass.
But “[b]ecause there is relatively little case law on disparate impact claims in Massachusetts,” Massachusetts courts “look to Title VII for guidance.” Lopez v. Commonwealth, 463 Mass. 696 , 709 n.17 (2012). “[U]nlike disparate treatment claims, discriminatory motive is not a required element of proof in disparate impact cases.” Id. at 709 (internal quotation marks and citations omitted).
internal quotation marks and citations omitted
Rule Authority · Mass. App. Ct.
The complaint offers no explanation as to why, had the discovery in the tort action gone forward, Doe could have kept secret Foster 2's last name (or whatever other background information Rockas used to locate Foster 2), or why Foster 1's attorney could not have obtained the missing information from other sources.10 See Lopez v. Commonwealth, 463 Mass. 696, 712 (2012), quoting from Ashcroft v. Iqbal, 556 U.S. at 679 (determining whether complaint plausibly alleges claim for …
Rule Authority · Suffolk Mass. Super. Ct. · signal: cf.
Cf. Lopez v. Commonwealth, 463 Mass. 696, 701 (2012) (to survive a motion to dismiss under Mass.R.Civ.P. 12(b)(6), a complaint or counterclaim must allege facts that, if true, would “plausibly suggest! ]... an entitlement to relief’) (quoting Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008), and Bell Atl.
to survive a motion to dismiss under Mass.R.Civ.P. 12(b)(6), a complaint or counterclaim must allege facts that, if true, would “plausibly suggest! ]... an entitlement to relief’
Quote Authority · Suffolk Mass. Super. Ct. · signal: see, e.g.
See, e.g., Lopez v. Commonwealth, 463 Mass. 696, 701 (2012) (“detailed factual allegations are not required”); Can nonball Fund, Ltd. v. Dutchess Capital Mgmt., LLC, 84 Mass.App.Ct. 74, 93-95 , rev. denied, 466 Mass. 1106 (2013) (plaintiffs standing is determined based on factual allegations in complaint, assuming them to be true). 2.
“detailed factual allegations are not required”
Rule Authority · Suffolk Mass. Super. Ct.
CL Lopez v. Commonwealth, 463 Mass. 696, 701 (2012) (to survive motion to dismiss under Mass.R.Civ.P. 12(b)(6), complaint must allege facts that, if true, would “plausibly suggest [ ] . . . an entitlement to relief’) (quoting Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008), and Bell Atl.
to survive motion to dismiss under Mass.R.Civ.P. 12(b)(6), complaint must allege facts that, if true, would “plausibly suggest [ ] . . . an entitlement to relief’
Rule Authority · Mass. Super. Ct.
Legal Standard To survive a motion to dismiss under Mass.RCiv.P. 12(b) (6), a complaint must allege facts that, if true, would “plausibly suggest [ ] .. . an entitlement to relief.” Lopez v. Commonwealth, 463 Mass. 696, 701 (2012), quoting Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008), and Bell Atl.
Rule Authority · Mass. Super. Ct.
Legal Standard To survive a motion to dismiss under Mass.R.Civ.P. 12(b)(6), a complaint must allege facts that, if true, would “plausibly suggest! 1 an entitlement to relief.” Lopez v. Commonwealth, 463 Mass. 696, 701 (2012), quoting Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008), and Bell Atl.
Rule Authority · Mass. Super. Ct.
To survive a motion to dismiss under Rule 12(b)(6), a complaint must allege facts that, if true, would “plausibly suggest! ] ... an entitlement to relief.” Lopez v. Commonwealth, 463 Mass. 696, 701 (2012), quoting Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008), and Bell Atl.
green Murphy v. Hartman (2013)
Rule Authority · Mass. Dist. Ct., App. Div.
R, Rule 12(b)(6), motion to dismiss, Lopez v. Commonwealth, 463 Mass. 696, 701 (2012), if the factual allegations set forth in the complaint “‘plausibly suggest [] [and are] (not merely consistent with)’ an entitlement to relief.” Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008), quoting Bell Atl.
Cited · Mass. App. Ct. · signal: see
See Lopez v. Commonwealth, 463 Mass. 696, 700 (2012).
green Downey v. Johnson (2024)
Cited · Mass. App. Ct. · signal: see
See Lopez v. Commonwealth, 463 Mass. 696, 713 (2012) (aiding and abetting under § 4 [5] is derivative claim dependent on underlying act of principal offender).
aiding and abetting under § 4 [5] is derivative claim dependent on underlying act of principal offender
Cited · Mass. App. Ct. · signal: see
See Lopez v. Commonwealth, 463 Mass. 696, 700 (2012).
Cited · Mass. App. Ct. · signal: see
See Lopez v. Commonwealth, 463 Mass. 696, 700 (2012).