32 Massachusetts opinions name it 4 courts 1977–2020 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 |
|---|---|---|
Board of Regents of State Colleges v. Rothgreen2 sentences2020See id. at 454 ; Regents of State Colleges v. Roth, 408 U.S. 564, 577 (1972) ("To have a property interest in a benefit, a person must have . . . . a legitimate claim of entitlement to it."). 2012We need determine only whether, by the terms of the board’s 2004 order, 4 any expectation Hoffer had in the restoration of her medical license to active status was sufficiently certain to constitute “a legitimate claim of entitlement.” See Regents of State Colleges v. Roth, 408 U.S. 564, 577 (1972). | 9 | 15 |
Roslindale Motor Sales, Inc. v. Police Commr. of Bostongreen2 sentences2008The defendants rely on Roslindale Motor Sales, Inc. v. Police Comm’r of Boston, 405 Mass. 79, 82 (1989) (Roslindale), a case in which we held that “[t]o have a property interest in a license, an applicant must ‘have a legitimate claim of entitlement to it.’ ” Id., quoting Regents of State Colleges v. Roth, 408 U.S. 564, 577 (1972). 2008The defendants rely on Roslindale Motor Sales, Inc. v. Police Comm’r of Boston, 405 Mass. 79, 82 (1989) (Roslindale), a case in which we held that “[t]o have a property interest in a license, an applicant must ‘have a legitimate claim of entitlement to it.’ ” Id., quoting Regents of State Colleges v. Roth, 408 U.S. 564, 577 (1972). | 4 | 4 |
Perry v. Sindermanngreen2 sentences2009See Perry v. Sindermann, 408 U.S. 593, 600, 602 (1972) (stating, where teacher pointed to provision in faculty guide, “A teacher, like the respondent, who has held his position for a number of years, might be able to showfrom the circumstances of this service — and from other relevant facts — that he has a legitimate claim of entitlement to job tenure”). 1980See Perry v. Sindermann, 408 U.S. 593, 601-602 (1972); Regents of State Colleges v. Roth, 408 U.S. 564, 576-577 (1972). | 2 | 2 |
Take Five Vending, Ltd. v. Town of Provincetowngreen2 sentences1996He must, instead, have a legitimate claim of entitlement to it.” Take Five Vending, Ltd. v. Provincetown, 415 Mass. 741, 747 (1993), quoting Regents of State Colleges v. Roth, 408 U.S. 564, 577 (1972). 1995He must, instead, have a legitimate claim of entitlement to it." Take Five Vending, Ltd. v. Provincetown, 415 Mass. 741, 747 (1993), quoting Regents of State Colleges v. Roth, 408 U.S. 564, 577 (1972). | 2 | 2 |
Hoffer v. Board of Registration in Medicinegreen2 sentences2020See id. at 454 ; Regents of State Colleges v. Roth, 408 U.S. 564, 577 (1972) ("To have a property interest in a benefit, a person must have . . . . a legitimate claim of entitlement to it."). 2020See id. at 454 ; Regents of State Colleges v. Roth, 408 U.S. 564, 577 (1972) ("To have a property interest in a benefit, a person must have . . . . a legitimate claim of entitlement to it."). | 1 | 1 |
Goldhammer v. Dunkin' Donuts, Inc.green1 sentence2019See Goldhammer v. Dunkin' Donuts, Inc. , 59 F. Supp. 2d 248 , 252 (D. | 1 | 1 |
Hudson v. Commissioner of Correctiongreen1 sentence2012The due process clause of the Fourteenth Amendment to the United States Constitution protects against deprivations of interests in “life, liberty or property, without due process of law.” 5 “Procedural due process protections,” such as the right to a hearing, “are only triggered when a liberty or property interest is at issue.” Hudson v. Commissioner of Correction, 431 Mass. 1, 7 (2000). | 1 | 1 |
Wesson v. Leone Enterprises, Inc.green1 sentence2011See Wesson v. Leone Enters., Inc., 437 Mass. 708 , 713-715 & n.15 (2002) (listing cases in which constructive eviction was found in commercial contexts). | 1 | 1 |
Gordon T. Best v. John C. Stetsongreen1 sentence2008See, Potter & McAuthur, Inc. v. City of Boston, 15 Mass.App.Ct. 454, 459 (1983) (“The public is not estopped by a violation of duty on the part of public officials”); cf. Best v. Stetson, 691 F.2d, 42, 44 (1st Cir. 1982) (courts retain authority to estop the government). | 1 | 1 |
Potter & McArthur, Inc. v. City of Bostongreen1 sentence2008See, Potter & McAuthur, Inc. v. City of Boston, 15 Mass.App.Ct. 454, 459 (1983) (“The public is not estopped by a violation of duty on the part of public officials”); cf. Best v. Stetson, 691 F.2d, 42, 44 (1st Cir. 1982) (courts retain authority to estop the government). | 1 | 1 |
Cleveland Board of Education v. Loudermillgreen1 sentence2005“Property interests are not created by the Constitution, they are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law . ..” Cleveland Bd. of Education v. Loudermill, 470 U.S. 532, 538 (1985) (internal quotations omitted). | 1 | 1 |
Costello v. SCHOOL COMMITTEE OF CHELSEAgreen1 sentence2005“To have a property interest in a benefit, a person . . . must . . . have a legitimate claim of entitlement to it.” Costello v. School Committee of Chelsea 27 Mass.App.Ct. 822, 827 (1989). | 1 | 1 |
Lentini v. Peartgreen1 sentence1997See Lentini, supra, at 7-8 ; Quillard, supra, at 9-10 . | 1 | 1 |
Frank Cote v. Kenneth J. Seamangreen1 sentence1994Cote v. Seaman, 625 F.2d 1, 2 (1st Cir. 1989). | 1 | 1 |
Rosenfeld v. Board of Health of Chilmarkgreen1 sentence1994See id. at 627 . | 1 | 1 |
Packish v. McMurtriegreen1 sentence1991Cf. Packish v. McMurtrie, 539 F. Supp. 548, 550-551 (D. | 1 | 1 |
Hathaway v. Commissioner of Insurancegreen1 sentence1987Cf. Hathaway v. Commissioner of Ins., 379 Mass. 551, 554-555 (1980) (requirement that commissioner disapprove Blue Shield rates which are “excessive” may well create a legitimate claim of entitlement to rates which are not “excessive”). | 1 | 1 |
Commonwealth v. Dascalakisgreen1 sentence1982See Commonwealth v. Dascalakis, 246 Mass. 12, 26 (1923) where the Court noted that ‘ ‘ (I)t is not infrequent that in the trial of causes . . . , that incompetent, immaterial and irrelevant evidence goes without objection. | 1 | 1 |
cluster 322270green1 sentence1980But the plaintiffs might well be said to have “a legitimate claim of entitlement” to rates which are not “excessive.” See Geneva Towers Tenants Organization v. Federated Mortgage Investors, 504 F.2d 483, 493-496 (9th Cir. 1974) (Hufstedler, J., dissenting). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Quillard v. Safety Insurance
neutral
2 sentences1997See Lentini, supra, at 7-8 ; Quillard, supra, at 9-10 . 1996“These facts indicate that [Travelers] acted not out of any self-interest or motive to deny a legitimate claim, but out of a genuine uncertainty as to its obligations, concern that it fully meet its obligations to insureds, and fear of potential liability to its insureds.” Quillard, supra 6 Therefore, I conclude that Travelers has violated G.L.c. 176D, §3(9) and G.L.c. 93A, §9; however, this asserted violation was not willful or knowing and Travelers’ response to the Lentinis’ demand was not in bad faith. | 2 | 1996–1997 |
Marshall v. Stratus Pharmaceuticals, Inc.
green
1 sentence2001Productora e Importadora de Papel, S.A. de C.V. v. Fleming, 376 Mass. at 835-36 ; Marshall v. Stratus Pharmaceuticals, Inc., 51 Mass.App.Ct. at 671 . | 1 | 2001–2001 |
Productora E Importadora De Papel v. Fleming
green
1 sentence2001Productora e Importadora de Papel, S.A. de C.V. v. Fleming, 376 Mass. at 835-36 ; Marshall v. Stratus Pharmaceuticals, Inc., 51 Mass.App.Ct. at 671 . | 1 | 2001–2001 |
Allen v. Board of Assessors
green
1 sentence2000He must, instead, have a legitimate claim of entitlement to it.” Allen v. Assessors of Granby, 387 Mass. at 120 , quoting from Regents of State Colleges v. Roth, supra at 577 . | 1 | 2000–2000 |
Commonwealth v. Rodriguez
green
1 sentence1993Id. at 302 . | 1 | 1993–1993 |
Carey v. Piphus
green
1 sentence1981Neither can 42 U.S.C. § 1983 , which supplies the basis for awarding damages for due process violations, e.g., Carey v. Piphus, 435 U.S. 247 (1978), be utilized against Federal agencies or officials, since it requires that the official be acting under color of state law. | 1 | 1981–1981 |
Dicenso's Case
neutral
1 sentence1977The case was then remanded for a determination as to whether there existed “a legitimate claim on the ground of partial dependency.” Id. at 110 . | 1 | 1977–1977 |
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.
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.