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23 Massachusetts opinions name it 3 courts 1939–2018 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 |
|---|---|---|
Whitinsville Plaza, Inc. v. Kotseasgreen2 sentences2008Whitinsville Plaza, Inc. v. Kotseas, 378 Mass. 85, 89 (1979) (“[A] complaint is not súbject to dismissal if it would support relief on any theory of law”). 2002See Whitinsville Plaza, Inc. v. Kotseas, 378 Mass. 85, 89 (1979) (a motion to dismiss must be denied when the facts alleged, generously construed in favor of the plaintiff, state a valid legal claim that would warrant relief on any theory of law). | 18 | 18 |
Nader v. Citrongreen2 sentences2005Whitinsville Plaza, Inc. v. Kotseas, 378 Mass. 85, 89 (1979); Nader v. Citron, 372 Mass. 96, 98 (1977), quoting Conley v. Gibson, 355 U.S. 41, 45-46 (1957) (a complaint is sufficient “unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief’). “(Djismissal on the basis of pleadings, before facts have been found, are discouraged.” Gennari v. Revere, 23 Mass.App.Ct. 979, 980 (1987) (authorities collected). 2001Whitinsville Plaza, Inc. v. Kotseas, 378 Mass. 85, 89 (1979). “[The] complaint should not be dismissed unless it appears beyond a doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Nader v. Citron, 372 Mass. 96, 98 (1977), quoting Conley v. Gibson, 355 U.S. 41, 45-46 (1957). | 5 | 5 |
Conley v. Gibsonred2 sentences2005Whitinsville Plaza, Inc. v. Kotseas, 378 Mass. 85, 89 (1979); Nader v. Citron, 372 Mass. 96, 98 (1977), quoting Conley v. Gibson, 355 U.S. 41, 45-46 (1957) (a complaint is sufficient “unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief’). “(Djismissal on the basis of pleadings, before facts have been found, are discouraged.” Gennari v. Revere, 23 Mass.App.Ct. 979, 980 (1987) (authorities collected). 2001Whitinsville Plaza, Inc. v. Kotseas, 378 Mass. 85, 89 (1979). “[The] complaint should not be dismissed unless it appears beyond a doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Nader v. Citron, 372 Mass. 96, 98 (1977), quoting Conley v. Gibson, 355 U.S. 41, 45-46 (1957). | 5 | 5 |
Galipault v. Wash Rock Investments, LLCgreen1 sentence2008See Galipault, supra at 81-82 . | 1 | 1 |
Doodlesack v. Superfine Coal & Ice Corp.green1 sentence2006See Doodlesack v. Superfine Coal & Ice Corp., 292 Mass. 424, 429 (1935). | 1 | 1 |
Fairneny v. Savogran Co.green1 sentence2005Fairneny v. Savogran, 422 Mass. 469, 470 (1996); Eyal v. Helen Broadcasting Corp., 411 Mass. 426, 429 (1991).The issue is whetherthe facts alleged, generously construed in favor of the plaintiff, state a valid legal claim that would warrant relief on any theory of law. | 1 | 1 |
Gennari v. City of Reveregreen1 sentence2005Whitinsville Plaza, Inc. v. Kotseas, 378 Mass. 85, 89 (1979); Nader v. Citron, 372 Mass. 96, 98 (1977), quoting Conley v. Gibson, 355 U.S. 41, 45-46 (1957) (a complaint is sufficient “unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief’). “(Djismissal on the basis of pleadings, before facts have been found, are discouraged.” Gennari v. Revere, 23 Mass.App.Ct. 979, 980 (1987) (authorities collected). | 1 | 1 |
James Ferrera & Sons, Inc. v. Samuelsgreen1 sentence2005Whitinsville Plaza, Inc. v. Kotseas, 378 Mass. 85, 89 (1979), citing James Ferrera & Sons v. Samuels, 21 Mass.App.Ct. 170, 173 (1985). | 1 | 1 |
Eyal v. Helen Broadcasting Corp.green1 sentence2005Fairneny v. Savogran, 422 Mass. 469, 470 (1996); Eyal v. Helen Broadcasting Corp., 411 Mass. 426, 429 (1991).The issue is whetherthe facts alleged, generously construed in favor of the plaintiff, state a valid legal claim that would warrant relief on any theory of law. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
McMann v. McGowan
green
2 sentences2018Section 15( c ), inserted by St. 2002, c. 496, § 2, provides that a special motion to dismiss 'shall be granted if the court finds that the action or claim is frivolous because (1) it is devoid of any reasonable factual support; or (2) it is devoid of any arguable basis in law; or (3) the action or claim is subject to dismissal based on a valid legal defense such as the statute of frauds.' " McCann v. McGowan , 71 Mass. App. Ct. 513 , 519 (2008). 2012Coxall’s Memorandum also contains a special motion to dismiss the plaintiffs’ Verified Complaint pursuant to G.L.c. 184, § 15(c), which states that the “special motion to dismiss shall be granted if the court finds that the action or claim is frivolous because (1) it is devoid of any reasonable factual support; or (2) it is devoid of any arguable basis in law; or (3) the action or claim is subject to dismissal based on a valid legal defense such as the statute of frauds.” See generally McMann v. McGowan, 71 Mass.App.Ct. 513 (2008). | 2 | 2012–2018 |
Merrill v. City of Lowell
green
1 sentence1939Merrill v. Lowell, 236 Mass. 463 . | 1 | 1939–1939 |
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.