policy underlying rule (Massachusetts) · Go Syfert
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policy underlying rule in Massachusetts

19 Massachusetts opinions name it 4 courts 1968–2016 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.

Followed or applied (15)

CaseFollowedCited
Borman v. Bormangreen
mass · 1979 · cited in 4 Massachusetts opinions naming this issue, 2002–2009
2 sentences

2009“The policy underlying this rule is that ‘a party ought not to have the power to interrupt the progress of the litigation by piecemeal appeals that cause delay and often waste judicial effort in deciding questions that will turn out to be unimportant.” Id. at 521 , quoting from Borman v. Borman, 378 Mass. 775, 779 (1979).

2002The policy underlying this rule is that ‘a party ought not to have the power to interrupt the progress of the litigation by piecemeal appeals that cause delay and often waste judicial effort in deciding questions that will turn out to be unimportant’ Borman v. Borman, 378 Mass. 775, 779 (1979), quoting Vincent v. Plecker, 319 Mass. 560 , 563 n.1 (1946).

44
Fabre v. Waltongreen
mass · 2002 · cited in 4 Massachusetts opinions naming this issue, 2002–2015
2 sentences

2015“The policy underlying this rule is that a party ought not to have the power to interrupt the progress of the litigation by piecemeal appeals that cause delay and often waste judicial effort in deciding questions that will turn out to be unimportant.” Fabre, supra at 521 (quotations and citation omitted).

2014“The policy underlying this rule is that a party ought not to have the power to interrupt the progress of the litigation by piecemeal appeals that cause delay and often waste judicial effort in deciding questions that will turn out to be unimportant.” Fabre v. Walton, 436 Mass. 517, 521 (2002) (citation omitted).

34
Commonwealth v. Monicogreen
mass · 1977 · cited in 1 Massachusetts opinions naming this issue, 2016–2016
2 sentences

2016The defense promotes “the social desirability of encouraging people to go to the aid of third parties who are in danger of harm as the result of the unlawful actions of others.” Commonwealth v. Monico, 373 Mass. 298, 303 (1977).

2016The defense promotes "the social desirability of encouraging people to go to the aid of third parties who are in danger of harm as the result of the unlawful actions of others." Commonwealth v. Monico, 373 Mass. 298, 303 (1977).

11
Ollie LATTIMORE, Plaintiff-Appellee, v. POLAROID CORPORATION, Defendant-Appellantgreen
ca1 · 1996 · cited in 1 Massachusetts opinions naming this issue, 2009–2009
1 sentence

2009Cf. Fisher v. Lint, supra at 366, 369 . 5 “Statements made in the course of a judicial proceeding which pertain to that proceeding are, of course, absolutely privileged and cannot support a claim of defamation, even if uttered with malice or in bad faith.” Correllas v. Viveiros, 410 Mass. 314, 319 (1991). 6 Moreover, Caulfield complied with the policy underlying the requirement of filing administrative charges with the EEOC prior to commencing a civil action, which is to provide “an opportunity for early conciliation.” Lattimore v. Polaroid Corp., 99 F.3d 456, 464 (1st Cir. 1996).

11
Fisher v. Lintgreen
massappct · 2007 · cited in 1 Massachusetts opinions naming this issue, 2009–2009
1 sentence

2009Cf. Fisher v. Lint, supra at 366, 369 . 5 “Statements made in the course of a judicial proceeding which pertain to that proceeding are, of course, absolutely privileged and cannot support a claim of defamation, even if uttered with malice or in bad faith.” Correllas v. Viveiros, 410 Mass. 314, 319 (1991). 6 Moreover, Caulfield complied with the policy underlying the requirement of filing administrative charges with the EEOC prior to commencing a civil action, which is to provide “an opportunity for early conciliation.” Lattimore v. Polaroid Corp., 99 F.3d 456, 464 (1st Cir. 1996).

11
Ahanotu v. Massachusetts Turnpike Authoritygreen
mad · 2006 · cited in 1 Massachusetts opinions naming this issue, 2009–2009
1 sentence

2009Ahanotu v. Massachusetts Turnpike Authy., 466 F. Supp. 2d 378, 391 (D.

11
Correllas v. Viveirosgreen
mass · 1991 · cited in 1 Massachusetts opinions naming this issue, 2009–2009
1 sentence

2009Cf. Fisher v. Lint, supra at 366, 369 . 5 “Statements made in the course of a judicial proceeding which pertain to that proceeding are, of course, absolutely privileged and cannot support a claim of defamation, even if uttered with malice or in bad faith.” Correllas v. Viveiros, 410 Mass. 314, 319 (1991). 6 Moreover, Caulfield complied with the policy underlying the requirement of filing administrative charges with the EEOC prior to commencing a civil action, which is to provide “an opportunity for early conciliation.” Lattimore v. Polaroid Corp., 99 F.3d 456, 464 (1st Cir. 1996).

11
Huckins v. Huntgreen
mass · 1885 · cited in 1 Massachusetts opinions naming this issue, 2006–2006
1 sentence

2006See Duane v. Merchants’ Legal Stamp Co., 227 Mass. 466, 468-469 (1917); Huckins v. Hunt, 138 Mass. 366, 366-367 (1885); Atwood v. Fisk, supra. b.

11
Duane v. Merchants Legal Stamp Co.green
mass · 1917 · cited in 1 Massachusetts opinions naming this issue, 2006–2006
1 sentence

2006See Duane v. Merchants’ Legal Stamp Co., 227 Mass. 466, 468-469 (1917); Huckins v. Hunt, 138 Mass. 366, 366-367 (1885); Atwood v. Fisk, supra. b.

11
Pitney-Bowes, Inc. v. Mestregreen
flsd · 1980 · cited in 1 Massachusetts opinions naming this issue, 2005–2005
1 sentence

2005For reasons of fairness, any attorney-client privilege asserted over Wallace’s draft reports has been waived “The attorney-client privilege ‘was intended as a shield, not a sword.’ ” Sax v. Sax 136 F.R.D. 542, 543 (D.Mass. 1991) (quoting Pitney-Bowes, Inc. v. Mestre, 86 F.R.D. 444, 446 (S.D.Fla. 1980}).

11
Sax v. Saxgreen
mad · 1991 · cited in 1 Massachusetts opinions naming this issue, 2005–2005
1 sentence

2005For reasons of fairness, any attorney-client privilege asserted over Wallace’s draft reports has been waived “The attorney-client privilege ‘was intended as a shield, not a sword.’ ” Sax v. Sax 136 F.R.D. 542, 543 (D.Mass. 1991) (quoting Pitney-Bowes, Inc. v. Mestre, 86 F.R.D. 444, 446 (S.D.Fla. 1980}).

11
Commonwealth v. Walkergreen
massappct · 1997 · cited in 1 Massachusetts opinions naming this issue, 1997–1997
1 sentence

1997Commonwealth v. Walker, 42 Mass. App. Ct. 14, 16 (1997).

11
CRIBERG v. Raymondgreen
mass · 1976 · cited in 1 Massachusetts opinions naming this issue, 1994–1994
1 sentence

1994The policy underlying the doctrine of absolute immunity “would be severely undercut if the absolute privilege were to be regarded as less than a bar to all actions arising out of the ‘conduct of parties and/or witnesses in connection with a judicial proceeding.’ ” Sullivan, supra at 368 (citation omitted) , 3 The doctrine applies to statements by a “party, counsel or witness in the institution of, or during the course of, a judicial proceeding... provided such statements relate to that proceeding.” Sriberg v. Raymond, 370 Mass. 105, 108 (1976).

11
Robert L. Sullivan, D.D.S., P.C. v. Birminghamgreen
massappct · 1981 · cited in 1 Massachusetts opinions naming this issue, 1994–1994
1 sentence

1994The policy underlying the doctrine of absolute immunity “would be severely undercut if the absolute privilege were to be regarded as less than a bar to all actions arising out of the ‘conduct of parties and/or witnesses in connection with a judicial proceeding.’ ” Sullivan, supra at 368 (citation omitted) , 3 The doctrine applies to statements by a “party, counsel or witness in the institution of, or during the course of, a judicial proceeding... provided such statements relate to that proceeding.” Sriberg v. Raymond, 370 Mass. 105, 108 (1976).

11
Ray v. Alad Corp.green
cal · 1977 · cited in 1 Massachusetts opinions naming this issue, 1991–1991
1 sentence

1991Ray, supra at 31.

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 (9)

CaseCitedYears
Vincent v. Plecker green
mass · 1946
2 sentences

2002The policy underlying this rule is that ‘a party ought not to have the power to interrupt the progress of the litigation by piecemeal appeals that cause delay and often waste judicial effort in deciding questions that will turn out to be unimportant’ Borman v. Borman, 378 Mass. 775, 779 (1979), quoting Vincent v. Plecker, 319 Mass. 560 , 563 n.1 (1946).

2002The policy underlying this rule is that ‘a party ought not to have the power to interrupt the progress of the litigation by piecemeal appeals that cause delay and often waste judicial effort in deciding questions that will turn out to be unimportant’ Borman v. Borman, 378 Mass. 775, 779 (1979), quoting Vincent v. Plecker, 319 Mass. 560 , 563 n.1 (1946).” Fahre v. Walton, 436 Mass. 517, 520-521 (2002).

41979–2002
Commonwealth v. Young green
mass · 2012
1 sentence

2016The policy underlying the defense of another defense is "to discourage indifference to the plight of strangers." Young, 461 Mass. at 208 .

12016–2016
Atwood v. Fisk green
mass · 1869
2 sentences

2006The policy underlying this rule is that “[t]he suppression of illegal contracts is far more likely in general to be accomplished, by leaving the parties without remedy against each other.” Atwood v. Fisk, supra. Accordingly, the general rule is that a court leaves parties to an illegal contract in the same position as it finds them.

2006See Duane v. Merchants’ Legal Stamp Co., 227 Mass. 466, 468-469 (1917); Huckins v. Hunt, 138 Mass. 366, 366-367 (1885); Atwood v. Fisk, supra. b.

12006–2006
United States v. Scott green
scotus · 1978
1 sentence

2002We would exalt form over substance if we impressed a constitutional imperative on a proceeding which “scarcely [demonstrates] a picture of an all-powerful [S]tote relentlessly pursuing a defendant who had either been found not guilty or who had at least insisted on having the issue of guilt submitted to the first trier of fact.” United States v. Scott, supra at 96 .

12002–2002
McKesson Corp. v. Division of Alcoholic Beverages and Tobacco, Fla. Dept. of Business Regulation green
scotus · 1990
1 sentence

1994The policy underlying this rule is the fear that allowing taxpayers to litigate their tax liabilities prior to payment “might threaten a government’s financial security,” by creating “unpredictable interim revenue shortfalls” and making the “ultimate collection of validly imposed taxes more difficult.” Id.

11994–1994
Clinton v. Norfolk Mutual Fire Insurance green
mass · 1900
1 sentence

1992Id. at 488 .

11992–1992
Commonwealth v. Cote green
mass · 1982
1 sentence

1987Commonwealth v. Cote, 386 Mass. 354 , 361 n.11 (1982) .

11987–1987
Eisel v. Columbia Packing Company green
mad · 1960
1 sentence

1968James, supra, commenting on the case, says, "The New York rule seems to be that one not a party to the first action may use the judgment defensively against one who was a party to the first action and had his day in court upon the issues which the judgment decided." P. 601. *454 Again, in the case of Eisel v. Columbia Packing Co. 181 F. Supp. 298 (D.

11968–1968
Israel v. Wood Dolson Co. green
ny · 1956
1 sentence

1968In 1956, in the case of Israel v. Wood Dolson Co. Inc. 1 N.Y.2d 116 , Chief Judge Conway engaged in an elaborate discussion making reference to the fact "that under certain circumstances a rigid adherence to the mutuality concept would defeat the policy underlying the doctrine of res judicata, viz., interest republicae ut sit finis litium. " P. 119.

11968–1968

Statutes the citing opinions construe

MA § Mass. Gen. Laws ch. 231, § 118 (4) MA § Mass. Gen. Laws ch. 231, § 59H (4) MA § Mass. Gen. Laws ch. 211, § 3 (3)

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.

Where else courts name it

CA 80 (1948–2026) PA 59 (1980–2026) OH 40 (1978–2025) IL 29 (1965–2025) NY 27 (1956–2024) CT 25 (1986–2018) MA 19 (1968–2016) TX 18 (1988–2025) WA 15 (1980–2017) IN 14 (1989–2020) MD 14 (1977–2014) MI 11 (1960–2025) TN 10 (1978–2018) FL 10 (1974–2015) LA 9 (1979–2023) NJ 9 (1979–2025) ME 8 (1976–2013) MN 8 (1983–2010) UT 7 (1991–2019) OR 7 (1978–2008) CO 6 (1996–2026) DC 5 (1982–1996) VA 5 (1993–2016) WI 5 (1982–2024) IA 5 (1980–2011) KY 5 (1982–2006) AK 5 (1981–2001) HI 4 (2001–2022) KS 4 (1981–1988) NV 4 (1978–2013) SC 4 (2008–2012) WV 4 (1983–2018) NE 3 (1983–2003) VT 3 (2006–2010) NC 3 (1999–2016) MO 3 (1979–2008) AL 2 (1979–2017) NH 2 (1990–1993) NM 2 (2000–2016) ND 2 (1977–2000) AZ 2 (1994–2010) MT 2 (1948–1999)

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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