excusable neglect standard (Massachusetts) · Go Syfert
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excusable neglect standard in Massachusetts

5 Massachusetts opinions name it 1 courts 1993–2025 3 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 (4)

CaseFollowedCited
Vicinity v. Langisgreen
massappct · 2017 · cited in 1 Massachusetts opinions naming this issue, 2025–2025
1 sentence

2025Despite the fact that the good cause standard of rule 55 (c) is "less stringent" than the excusable neglect standard of rule 60 (b) (1), see Institution for Sav. in Newburyport & Its Vicinity v. Langis, 92 Mass. App. Ct. 815, 822 (2018), and the judge's ruling applied rule 55 (c), the defendant again frames his appellate argument under the paradigm of rule 60 (b) (1).

11
Ceruolo v. Garciagreen
massappct · 2017 · cited in 1 Massachusetts opinions naming this issue, 2023–2023
1 sentence

2023See Ceruolo v. Garcia, 92 Mass. App. Ct. 185 , 188 (2017) ("The excusable neglect standard is applied after judgment has entered.

11
Berube v. McKesson Wine & Spirits Co.green
massappct · 1979 · cited in 1 Massachusetts opinions naming this issue, 2017–2017
1 sentence

2017Even under rule 60(b), however, a "liberal . . . application" is warranted where, as here, "the mischief leading to the judgment occurs at the pretrial stage." Berube v. McKesson Wine & Spirits Co., 7 Mass. App. Ct. 426, 429 (1979). 7 may set aside an entry of default").

11
Greenleaf v. Massachusetts Bay Transportation Authoritygreen
massappct · 1986 · cited in 1 Massachusetts opinions naming this issue, 1993–1993
1 sentence

1993Authy., 22 Mass. App. Ct. 426, 429 (1986) (applying the excusable neglect test to cases involving Mass.R.Civ.P. 60[b], 365 Mass. 828 [1974]).

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
Bernard v. United Brands Co. green
massappct · 1989
1 sentence

2024Bernard v. United Brands Co., 27 Mass. App. Ct. 415 , 418 n.8 (1989).

12024–2024

Where else courts name it

VT 18 (1989–2026) ME 15 (1982–2023) UT 12 (1996–2023) CO 11 (1991–2024) MS 9 (2001–2019) FL 8 (2002–2024) WI 8 (1982–2023) RI 8 (1995–2024) OH 6 (2005–2021) AZ 5 (2001–2020) KS 5 (2000–2026) VI 5 (2000–2025) NJ 5 (2000–2026) MA 5 (1993–2025) MT 4 (1994–2008) NM 3 (2002–2024) HI 3 (1996–2011) TN 2 (2010–2012) IN 2 (1981–1995) NV 2 (2025–2025) DC 2 (2012–2015)

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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