pleadings rule (Massachusetts) · Go Syfert
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pleadings rule in Massachusetts

13 Massachusetts opinions name it 3 courts 1935–2020 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.

Followed or applied (9)

CaseFollowedCited
Town of Burlington v. District Attorney for the Northern Districtgreen
mass · 1980 · cited in 3 Massachusetts opinions naming this issue, 1992–2008
2 sentences

2008See Burlington v. District Attorney for the Northern Dist., 381 Mass. 717, 717-718 (1980); Minaya v. Massachusetts Credit Union Share Ins.

1995Accordingly, “|t]he effect of a motion for judgment on the pleadings is to challenge the legal sufficiency of the complaint.” Burlington v. District Attorney for N. Dist., 381 Mass. 717, 717-18 (1980).

33
Welch v. Sudbury Youth Soccer Ass'ngreen
mass · 2009 · cited in 1 Massachusetts opinions naming this issue, 2020–2020
1 sentence

2020Welch v, Sudbury Youth Soccer Ass'n, Inc., 453 Mass. 352, 353 (2009).

11
Okerman v. VA Software Corp.green
massappct · 2007 · cited in 1 Massachusetts opinions naming this issue, 2010–2010
1 sentence

2010Okerman v. VA Software Corp., 69 Mass. App. Ct. 771, 775 (2007).

11
Emhart Industries, Inc. v. Home Insurancegreen
rid · 2007 · cited in 1 Massachusetts opinions naming this issue, 2009–2009
1 sentence

2009Co., 515 F. Supp. 2d 228, 236 (D.R.I. 2007), quoting from Employers’ Fire Ins.

11
Tanner v. Board of Appealsgreen
massappct · 1989 · cited in 1 Massachusetts opinions naming this issue, 2003–2003
1 sentence

2003“Judgment on the pleadings under rule 12(c) lies only when the test of the pleadings produces no dispute over material facts.” Tanner v. Board of Appeals of Belmont, 27 Mass.App.Ct. 1181, 1182 (1989).

11
Minaya v. Massachusetts Credit Union Share Ins. Corp.green
mass · 1984 · cited in 1 Massachusetts opinions naming this issue, 2003–2003
1 sentence

2003Minava v. Massachusetts Credit Union Share Insurance Company, 392 Mass. 904, 905 (1984).

11
Merrimack Valley National Bank v. Bairdgreen
mass · 1977 · cited in 1 Massachusetts opinions naming this issue, 1996–1996
1 sentence

1996See Affiliated, Benalcazar, Merrimack, supra. Thus, based upon the pleadings and the hearing before me, I find that Romano was a coworker within the meaning of the rental agreement.

11
Liberty Leather Corporation v. Richard Callum and Willard Helburn, Inc.green
ca1 · 1981 · cited in 1 Massachusetts opinions naming this issue, 1987–1987
1 sentence

1987See Liberty Leather Corp. v. Callum, 653 F.2d 694, 700 (1st Cir. 1981).

11
Canter v. Planning Board of Westboroughgreen
massappct · 1979 · cited in 1 Massachusetts opinions naming this issue, 1981–1981
1 sentence

1981See Canter v. Planning Bd. of Westborough, 7 Mass. App. Ct. 805, 808-809 (1979).

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 (7)

CaseCitedYears
Merriam v. Demoulas Super Markets, Inc. green
mass · 2013
1 sentence

2018We accept as true the facts from the pleadings and otherwise incorporated by the pleadings, see Merriam , 464 Mass. at 723 , 985 N.E.2d 388 , and we "draw every reasonable inference *341 in favor of" the nonmoving party.

12018–2018
Fraelick v. PerkettPR, Inc. green
massappct · 2013
1 sentence

2018Because it is in the record and the "sum and substance" of Aliberti's claims, Fraelick , supra , at 702, 989 N.E.2d 517 , we consider the client agreement in determining whether the pleadings state a claim upon which relief may be granted.

12018–2018
Wheatley v. Massachusetts Insurers Insolvency Fund green
mass · 2010
2 sentences

2018"We review de novo the judge's order allowing a motion for judgment on the pleadings under rule 12 (c)." Wheatley v. Massachusetts Insurers Insolvency Fund , 456 Mass. 594 , 600, 925 N.E.2d 9 (2010).

2018"We review de novo the judge's order allowing a motion for judgment on the pleadings under rule 12 (c)." Wheatley v. Massachusetts Insurers Insolvency Fund , 456 Mass. 594 , 600, 925 N.E.2d 9 (2010).

12018–2018
Callahan v. First Congregational Church green
mass · 2004
1 sentence

2012Callahan, 441 Mass. at 710-11 .

12012–2012
Town of Cumberland v. Rhode Island Interlocal Risk Management Trust, Inc. green
ri · 2004
1 sentence

2009See ibid.; Cumberland, supra. Guided by the broad pleadings test, we compare the claims in the underlying lawsuits to the relevant PSA provisions, which indicate that Gerson will defend claims that arise out of noncompliance with NIOSH requirements and defects in materials and workmanship as defined by Gerson’s quality plan.

12009–2009
Flori v. Allstate Insurance green
ri · 1978
1 sentence

2009The obligation to defend exists even though the claim against the insured appears to lack merit, and even though there may be additional facts tending to negate coverage. 21 Flori, supra. However, “a reasonableness requirement is implicit in the pleadings test” in order to defeat attempts to “ ‘plead to coverage’ by characterizing a claim as something other than what is described in the complaint’s factual allegations.” Narragansett Jewelry Co. v. St.

12009–2009
Shapiro v. Park Trust Co. green
mass · 1925
1 sentence

1935Shapiro v. Park Trust Co. 253 Mass. 383, 389 .

11935–1935

Statutes the citing opinions construe

MA § Mass. Gen. Laws ch. 93A, § 2 (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

TX 67 (1890–2026) TN 38 (2007–2026) CA 36 (1900–2026) IL 32 (1912–2024) NY 25 (1848–2025) FL 20 (1938–2025) GA 14 (1927–2025) WI 14 (1906–2025) MO 13 (1909–2024) MA 13 (1935–2020) LA 12 (1943–2024) OH 11 (2001–2024) MS 11 (1966–2019) PA 10 (1931–2023) DE 10 (2016–2026) RI 9 (1968–2025) NC 9 (1890–2018) AL 9 (1983–2026) UT 8 (1998–2025) OR 8 (1901–2016) OK 5 (1912–1975) MI 5 (1938–2019) NJ 5 (1855–2010) KS 5 (1912–1995) ME 5 (2004–2018) IA 5 (1922–2022) CT 5 (1933–2013) WA 4 (1931–2023) MT 4 (1995–2007) SC 4 (1941–2020) NM 4 (1964–2012) WY 3 (1979–1993) DC 3 (1951–2008) CO 2 (1907–1936) ND 2 (1915–1991) IN 2 (1970–1996) VA 2 (1997–1999) KY 2 (1897–1961) WV 2 (1959–2019) AR 2 (1928–1934)

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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