23 Massachusetts opinions name it 4 courts 1991–2025 2 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 |
|---|---|---|
Kourouvacilis v. General Motors Corp.green2 sentences2012Kourouvacilis v. General Motors Corp., 410 Mass. 706, 716 (1991). 1. 2006See Kourouvacilis, 410 Mass. at 711-12 . | 8 | 8 |
Smith v. Hillgreen2 sentences2025See, e.g., Frontier Enters., Inc. v. Anchor Co. of Marblehead, Inc., 404 Mass. 506, 513 (1989); Smith v. Hill, 232 Mass. 188, 190 (1919). 2011See, e.g., Powers v. Russell, 13 Pick. 69 , 76 (1832); Smith v. Hill, 232 Mass. 188, 190 (1919); Frontier Enterprises, Inc. v. Anchor Co. of Marblehead, Inc., 404 Mass. 506, 513 (1989). | 2 | 2 |
Frontier Enterprises, Inc. v. Anchor Co. of Marbleheadgreen2 sentences2025See, e.g., Frontier Enters., Inc. v. Anchor Co. of Marblehead, Inc., 404 Mass. 506, 513 (1989); Smith v. Hill, 232 Mass. 188, 190 (1919). 2011See, e.g., Powers v. Russell, 13 Pick. 69 , 76 (1832); Smith v. Hill, 232 Mass. 188, 190 (1919); Frontier Enterprises, Inc. v. Anchor Co. of Marblehead, Inc., 404 Mass. 506, 513 (1989). | 2 | 2 |
Aunyx Corporation v. Canon U.S.A., Incorporatedgreen2 sentences2004The essential elements of claim preclusion are “(1) a final judgment on the merits in [the first] action; (2) an identity of parties or privies in the two suits; and (3) an identity of the cause of action in both the earher and later suits.” Aunyx Corp. v. Canon U.S.A, Inc., 978 F.2d 3, 6 (1st Cir. 1992), cert, denied, 507 U.S. 973 (1993). 2004“The essential elements of claim preclusion are: ‘(1) a final judgment on the merits in [the first] action; (2) an identity of parties or privies in the two suits; and (3) an identity of the cause of action in both the earlier and later suits.’ ” 4 Mancuso v. Kinchla, 60 Mass. App. Ct. 558, 567 (2004), quoting from Aunyx Corp. v. Canon U.S.A., Inc., 978 F.2d 3, 6 (1st Cir. 1992), cert. denied, 507 U.S. 973 (1993). | 2 | 2 |
Whitehall Co. v. Merrimack Valley Distributing Co.green1 sentence2025Co., 56 Mass. App. Ct. 853 , 856–857 (2002) ("the complaint must put the adversary on notice of the essential elements of the claim the pleader intends to assert"). | 1 | 1 |
Conley v. Romerigreen1 sentence2010The essential elements of a claim for negligent infliction of emotional distress are “(1) negligence; (2) emotional distress; (3) causation; (4) physical harm manifested by objective symptomatology; and (5) that a reasonable person would have suffered emotional distress under the circumstances of the case.” Conley v. Romeri, 60 Mass.App.Ct. 799, 801 (2004), quoting Payton v. Abbott Labs, 386 Mass. 540, 557 (1982). | 1 | 1 |
Payton v. Abbott Labsgreen1 sentence2010The essential elements of a claim for negligent infliction of emotional distress are “(1) negligence; (2) emotional distress; (3) causation; (4) physical harm manifested by objective symptomatology; and (5) that a reasonable person would have suffered emotional distress under the circumstances of the case.” Conley v. Romeri, 60 Mass.App.Ct. 799, 801 (2004), quoting Payton v. Abbott Labs, 386 Mass. 540, 557 (1982). | 1 | 1 |
Davis v. Westwood Groupgreen1 sentence2007“If a person voluntarily assumes a duty or undertakes to render services to another that should have been seen necessary for her protection, that person may be liable for harm caused because of the negligent performance of his undertaking.” Davis v. Westwood Group, 420 Mass. 739, 746 (1995), quoting Thorson v. Mandell 402 Mass. 744, 748 (1988). | 1 | 1 |
Thorson v. Mandellgreen1 sentence2007“If a person voluntarily assumes a duty or undertakes to render services to another that should have been seen necessary for her protection, that person may be liable for harm caused because of the negligent performance of his undertaking.” Davis v. Westwood Group, 420 Mass. 739, 746 (1995), quoting Thorson v. Mandell 402 Mass. 744, 748 (1988). | 1 | 1 |
Tetrault v. Mahoneygreen1 sentence2006A claim of undue influence requires proof that “(1) [an] unnatural disposition has been made (2) by a person susceptible to undue influence to the advantage of someone (3) with an opportunity to exercise undue influence and (4) who in fact has used that opportunity to procure the contested disposition through improper means.” Tetrault v. Mahoney, Hawkes & Goldings, 425 Mass. 456, 464 (1997), citing Heinrich v. Silvernail, 23 Mass. App. Ct. 218, 223 (1986). | 1 | 1 |
Heinrich v. Silvernailgreen1 sentence2006A claim of undue influence requires proof that “(1) [an] unnatural disposition has been made (2) by a person susceptible to undue influence to the advantage of someone (3) with an opportunity to exercise undue influence and (4) who in fact has used that opportunity to procure the contested disposition through improper means.” Tetrault v. Mahoney, Hawkes & Goldings, 425 Mass. 456, 464 (1997), citing Heinrich v. Silvernail, 23 Mass. App. Ct. 218, 223 (1986). | 1 | 1 |
Mancuso v. Kinchlagreen1 sentence2004“The essential elements of claim preclusion are: ‘(1) a final judgment on the merits in [the first] action; (2) an identity of parties or privies in the two suits; and (3) an identity of the cause of action in both the earlier and later suits.’ ” 4 Mancuso v. Kinchla, 60 Mass. App. Ct. 558, 567 (2004), quoting from Aunyx Corp. v. Canon U.S.A., Inc., 978 F.2d 3, 6 (1st Cir. 1992), cert. denied, 507 U.S. 973 (1993). | 1 | 1 |
Schaer v. Brandeis Universitygreen1 sentence2002It is not enough that a viable claim lurks somewhere in “conclusory descriptions of a ‘general scenario which could be dominated by unpleaded facts.’ ” Schaer v. Brandeis Univ., 432 Mass. 474, 478 (2000), quoting from Judge v. Lowell, 160 F.3d 67, 77 (1st Cir. 1998). | 1 | 1 |
Rebecca Judge v. City of Lowellgreen1 sentence2002It is not enough that a viable claim lurks somewhere in “conclusory descriptions of a ‘general scenario which could be dominated by unpleaded facts.’ ” Schaer v. Brandeis Univ., 432 Mass. 474, 478 (2000), quoting from Judge v. Lowell, 160 F.3d 67, 77 (1st Cir. 1998). | 1 | 1 |
Poly v. Moylangreen1 sentence1998Indeed, a set of facts which may result in a valid claim under the common law may, nevertheless, fail to rise to the level of a violation of the c. 93A Poly v. Moylan, 423 Mass. 141, 151 (1996) (judge may make independent, different findings on c. 93A aspect of case where facts gave rise to parallel common law claims). | 1 | 1 |
Wilson v. Honeywell, Inc.green2 sentences1991See Stapleton v. Macchi, 401 Mass. 725, 728 (1988). [1] Although we indulge every inference to his advantage, Wilson v. Honeywell, Inc., 409 Mass. 803, 804 (1991), the plaintiff is nonetheless required to establish the essential elements of his claim "either by direct evidence or rational inference of probabilities from established facts." *92 Zezuski v. Jenny Mfg. 1991See Stapleton v. Macchi, 401 Mass. 725, 728 (1988). 1 Although we indulge every inference to his advantage, Wilson v. Honeywell, Inc., 409 Mass. 803, 804 (1991), the plaintiff is nonetheless required to establish the essential elements of his claim “either by direct evidence or rational inference of probabilities from established facts.” Zezuski v. Jenny Mfg. | 1 | 1 |
Zezuski v. Jenny Manufacturing Co.green2 sentences1991Co., 363 Mass. 324, 329 (1973), quoting Bigwood, supra . 1991Co., 363 Mass. 324, 329 (1973), quoting Bigwood, supra. Inferences drawn from the evidence must be based on probabilities, not possibilities. | 1 | 1 |
Stapleton v. MacChigreen2 sentences1991See Stapleton v. Macchi, 401 Mass. 725, 728 (1988). [1] Although we indulge every inference to his advantage, Wilson v. Honeywell, Inc., 409 Mass. 803, 804 (1991), the plaintiff is nonetheless required to establish the essential elements of his claim "either by direct evidence or rational inference of probabilities from established facts." *92 Zezuski v. Jenny Mfg. 1991See Stapleton v. Macchi, 401 Mass. 725, 728 (1988). 1 Although we indulge every inference to his advantage, Wilson v. Honeywell, Inc., 409 Mass. 803, 804 (1991), the plaintiff is nonetheless required to establish the essential elements of his claim “either by direct evidence or rational inference of probabilities from established facts.” Zezuski v. Jenny Mfg. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ashley v. Epic Divers, Inc.
green
2 sentences2004The essential elements of claim preclusion are “(1) a final judgment on the merits in [the first] action; (2) an identity of parties or privies in the two suits; and (3) an identity of the cause of action in both the earher and later suits.” Aunyx Corp. v. Canon U.S.A, Inc., 978 F.2d 3, 6 (1st Cir. 1992), cert, denied, 507 U.S. 973 (1993). 2004“The essential elements of claim preclusion are: ‘(1) a final judgment on the merits in [the first] action; (2) an identity of parties or privies in the two suits; and (3) an identity of the cause of action in both the earlier and later suits.’ ” 4 Mancuso v. Kinchla, 60 Mass. App. Ct. 558, 567 (2004), quoting from Aunyx Corp. v. Canon U.S.A., Inc., 978 F.2d 3, 6 (1st Cir. 1992), cert. denied, 507 U.S. 973 (1993). | 2 | 2004–2004 |
Atlas Tack Corp. v. Donabed
green
1 sentence2018The essential elements of a claim for legal malpractice are that the "attorney committed a breach of the duty to use reasonable care," "the plaintiff suffered actual loss," and "the attorney's negligence proximately caused such loss." Atlas Tack Corp . v. Donabed , 47 Mass. App. Ct. 221 , 226 (1999). | 1 | 2018–2018 |
Benson v. Massachusetts General Hospital
green
1 sentence2018Benson , supra at 533 . | 1 | 2018–2018 |
Flesner v. Technical Communications Corp.
green
1 sentence2014Id. at 817 . | 1 | 2014–2014 |
Missett v. Cardinal Cushing High School
green
1 sentence1999Missett v. Cardinal Cushing High Sch., 43 Mass. App. Ct. 5 , 6 n.3 (1997), citing Mass. R.A.P. 16(a)(4), as amended, 367 Mass. 921 (1975). | 1 | 1999–1999 |
Bigwood v. Boston & Northern Street Railway Co.
green
2 sentences1991Co., 363 Mass. 324, 329 (1973), quoting Bigwood, supra . 1991Co., 363 Mass. 324, 329 (1973), quoting Bigwood, supra. Inferences drawn from the evidence must be based on probabilities, not possibilities. | 1 | 1991–1991 |
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.