18 Massachusetts opinions name it 4 courts 1981–2018 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 |
|---|---|---|
Brum v. Town of Dartmouthgreen2 sentences2007A complaint may not be dismissed under Rule 12(b)(6) “unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim.” Nader v. Citron, 372 Mass. 96, 98 (1977). ‘The standard for measuring a complaint’s adequacy is an extremely lenient one, as a pleading need only ‘sketch the bare silhouette’ of an actionable claim to survive Rule 12(b) (6) scrutiny.” Wozniak & Padula, P.C. v. Gilmore, Rees, Carlson & Cataldo, P.C., 2005 Mass. App. Div. 49, 50 , quoting Brum v. Dartmouth, 44 Mass. App. Ct. 318, 322 (1998). 2006Brum v. Dartmouth, 44 Mass.App.Ct. 318, 321-22 (1998). | 3 | 3 |
Nader v. Citrongreen2 sentences2007A complaint may not be dismissed under Rule 12(b)(6) “unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim.” Nader v. Citron, 372 Mass. 96, 98 (1977). ‘The standard for measuring a complaint’s adequacy is an extremely lenient one, as a pleading need only ‘sketch the bare silhouette’ of an actionable claim to survive Rule 12(b) (6) scrutiny.” Wozniak & Padula, P.C. v. Gilmore, Rees, Carlson & Cataldo, P.C., 2005 Mass. App. Div. 49, 50 , quoting Brum v. Dartmouth, 44 Mass. App. Ct. 318, 322 (1998). 1988Civ., Rule 12 (b) (6) motion to dismiss the third-party complaint for failure to state an actionable claim should have been allowed if such pleading revealed “beyond doubt that there is no set of facts which the [third-party] plaintiff could prove in support of [its] claim which would entitle [it] to relief.” Nader v. Citron, 372 Mass. 96, 98 (1977); Gallagher v. Roach, 1982 Mass. App. Div. 279, 280 . | 3 | 3 |
College-Town, Division of Interco, Inc. v. Massachusetts Commission Against Discriminationgreen2 sentences2002The latter conduct for which the plaintiff may timely file a claim is not actionable under a hostile work environment theory, see College-Town, Div. Of Interco, Inc. v. Massachusetts Comm’n Against Discrimination, 400 Mass. 156, 162 (1987), nor is it substantially related to the earlier sexual harassment which constitutes an actionable violation (1990-1991). 2002The latter conduct for which the plaintiff may timely file a claim is not actionable under a hostile work environment theory, see College-Town, Div. Of Interco, Inc. v. Massachusetts Comm’n Against Discrimination, 400 Mass. 156, 162 (1987), nor is it substantially related to the earlier sexual harassment which constitutes an actionable violation (1990-1991). | 2 | 2 |
Draghetti v. Chmielewskigreen2 sentences2018See Draghetti , 416 Mass. at 816 , 626 N.E.2d 862 (sustaining jury award of damages to plaintiff where he testified that he suffered emotional distress, was ridiculed at work, and had marital problems due to defendant's defamation). 2. 2018See Draghetti , 416 Mass. at 816 , 626 N.E.2d 862 (sustaining jury award of damages to plaintiff where he testified that he suffered emotional distress, was ridiculed at work, and had marital problems due to defendant's defamation). 2. | 1 | 1 |
Iannacchino v. Ford Motor Co.green1 sentence2012To survive a Rule 12(b) (6) motion to dismiss for failure to state an actionable claim, a complaint must set forth “factual ‘allegations plausibly suggesting (not merely consistent with)’ an entitlement to relief.” Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008), quoting Bell Atl. | 1 | 1 |
Bell Atlantic Corp. v. Twomblygreen1 sentence2012Corp. v. Twombly, 550 U.S. 544, 557 (2007). | 1 | 1 |
Catex Vitol Gas, Inc. v. Wolfegreen1 sentence2009See Powers v. Boston Cooper Corp., 926 F.2d 109, 111 (1st Cir. 1991) (complaint that releasee defrauded releasor into signing release failed to state an actionable claim where release pertained to agreement that was, in any event, unenforceable); Catex Vitol Gas, Inc. v. Wolfe, 178 F.3d 572, 579 (1st Cir. 1999). | 1 | 1 |
Richard C. Powers v. Boston Cooper Corporationgreen1 sentence2009See Powers v. Boston Cooper Corp., 926 F.2d 109, 111 (1st Cir. 1991) (complaint that releasee defrauded releasor into signing release failed to state an actionable claim where release pertained to agreement that was, in any event, unenforceable); Catex Vitol Gas, Inc. v. Wolfe, 178 F.3d 572, 579 (1st Cir. 1999). | 1 | 1 |
Conley v. Gibsonred1 sentence2005Nader v. Citron, 372 Mass. 96, 98 (1977), quoting Conley v. Gibson, 355 U.S. 41, 45-46 (1957). | 1 | 1 |
Agis v. Howard Johnson Co.green1 sentence2005Agis v. Howard Johnson Co., 371 Mass. 140, 145 (1976). | 1 | 1 |
Dinsky v. Town of Framinghamgreen1 sentence2001See generally, Bennett v. Eagle Brook Country Store, Inc., 408 Mass. 355, 358 (1990); Dinsky v. Framingham, 386 Mass. 801, 804 (1982). | 1 | 1 |
Bennett v. Eagle Brook Country Store, Inc.green1 sentence2001See generally, Bennett v. Eagle Brook Country Store, Inc., 408 Mass. 355, 358 (1990); Dinsky v. Framingham, 386 Mass. 801, 804 (1982). | 1 | 1 |
Bain v. City of Springfieldgreen1 sentence2000See Bain v. Springfield, 424 Mass. 758, 766 (1997) (“That the mayor acted coldly toward her at a meeting immediately after she had made serious charges against him or that his ‘body language’ betokened hostility to her . . . are the kind of subjective and intangible impressions that must not be considered in making out a case under [G.L.c. 15IB]”). | 1 | 1 |
Reproductive Rights Network v. President of the University of Massachusettsgreen1 sentence2000Reproductive Rights Network v. President of University of Massachusetts, 45 Mass.App.Ct. 495, 505 (1998). | 1 | 1 |
Alberts v. Devinegreen1 sentence1995Because neither the Massachusetts General Court nor the Supreme Judicial Court has definitively acknowledged a cause of action for clergy malpractice, this court will decline to create such a claim in the case at bar. 3 H.Negligent Hiring/Supervision (Counts IX and XVI) “The First Amendment [made applicable to the States by the Fourteenth Amendment] prohibits civil courts from intervening in disputes concerning religious doctrine, discipline, faith, or internal organization.” Alberts v. Devine, 395 Mass. 59, 72 (1985). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Gnerre v. Massachusetts Commission Against Discrimination
green
2 sentences2001While one act might be enough to constitute an actionable claim of sexual harassment, Gnerre, 402 Mass. at 508 , a plaintiff claiming a hostile work environment “will often have to establish a continuing violation to recover for otherwise time-barred violations." Cuddyer, 434 Mass. at 532 . 2000While one act might be enough to constitute an actionable claim of sexual harassment, id. at 508 , this alleged act falls well short of that mark. | 2 | 2000–2001 |
Wozniak & Padula, P.C. v. Gilmore, Rees, Carlson & Cataldo, P.C.
neutral
1 sentence2007A complaint may not be dismissed under Rule 12(b)(6) “unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim.” Nader v. Citron, 372 Mass. 96, 98 (1977). ‘The standard for measuring a complaint’s adequacy is an extremely lenient one, as a pleading need only ‘sketch the bare silhouette’ of an actionable claim to survive Rule 12(b) (6) scrutiny.” Wozniak & Padula, P.C. v. Gilmore, Rees, Carlson & Cataldo, P.C., 2005 Mass. App. Div. 49, 50 , quoting Brum v. Dartmouth, 44 Mass. App. Ct. 318, 322 (1998). | 1 | 2007–2007 |
Lewis v. Casey
green
1 sentence2002The actual injury that must be established by an inmate is that an actionable claim involving a challenge to a sentence or to conditions of confinement “has been lost or rejected, or that the presentation of such a claim is currently being prevented, because this capability of filing suit has not been provided.” Ibid. | 1 | 2002–2002 |
Cuddyer v. Stop & Shop Supermarket Co.
green
1 sentence2001While one act might be enough to constitute an actionable claim of sexual harassment, Gnerre, 402 Mass. at 508 , a plaintiff claiming a hostile work environment “will often have to establish a continuing violation to recover for otherwise time-barred violations." Cuddyer, 434 Mass. at 532 . | 1 | 2001–2001 |
Connick Ex Rel. Parish of Orleans v. Myers
green
2 sentences2000To decide whether a public employee has an actionable claim for the infringement of her First Amendment rights, we must determine first, based on “the content, form, and context of [the] given statement, as revealed by the whole record,” Con-nick v. Myers, supra at 147-148 , whether the public employee was speaking “as a citizen upon matters of public concern.” Id. at 147 . 2000To decide whether a public employee has an actionable claim for the infringement of her First Amendment rights, we must determine first, based on “the content, form, and context of [the] given statement, as revealed by the whole record,” Con-nick v. Myers, supra at 147-148 , whether the public employee was speaking “as a citizen upon matters of public concern.” Id. at 147 . | 1 | 2000–2000 |
Gallagher v. Roach
neutral
1 sentence1988Civ., Rule 12 (b) (6) motion to dismiss the third-party complaint for failure to state an actionable claim should have been allowed if such pleading revealed “beyond doubt that there is no set of facts which the [third-party] plaintiff could prove in support of [its] claim which would entitle [it] to relief.” Nader v. Citron, 372 Mass. 96, 98 (1977); Gallagher v. Roach, 1982 Mass. App. Div. 279, 280 . | 1 | 1988–1988 |
Hatahley v. United States
green
1 sentence1981The Court decided that the officials in Hatahley were not exercising due care in their enforcement of federal law because they “proceeded with complete disregard for the property rights of the petitioners.” Id. , In order to present an actionable claim under section 10(a) of the Massachusetts Tort Claims Act, Elm must plead or show .'í'.í’Vlírwáfiyl.-itiferfer'ehcé with advantageous rela- : f'to'ns or'interference with contractual relations; \ GX.. c. 25(5,. § f0(b) and (c). by way of affidavit that the Department failed to exercise due cafe in the preparation and issuance of the “Health Alert | 1 | 1981–1981 |
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.