award error (Massachusetts) · Go Syfert
← Massachusetts issues

award error in Massachusetts

12 Massachusetts opinions name it 3 courts 1977–2026 1 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 (8)

CaseFollowedCited
Commonwealth v. Philip Morris Inc.green
mass · 2007 · cited in 1 Massachusetts opinions naming this issue, 2016–2016
1 sentence

2016Although arbitration is a matter of contract, Commonwealth v. Philip Morris Inc., 448 Mass. 836, 843 (2007), we disagree that parties, through contract, may modify the scope of judicial review that is set out in §§ 12 and 13 of the MAA.

11
International Mobiles Corp. v. Corroon & Black/Fairfield & Ellis, Inc.green
massappct · 1990 · cited in 1 Massachusetts opinions naming this issue, 2010–2010
1 sentence

2010The Khatchatourians contend by contrast that, under the principle articulated by the court in International Mobiles Corp. v. Corroon & Black/Fairfield & Ellis, Inc., 29 Mass. App. Ct. 215, 217-220 (1990), they were not harmed until November 24, 2003, when the arbitrator issued an award on their claim against USLIC.

11
DeShaney v. Winnebago County Department of Social Servicesgreen
scotus · 1989 · cited in 1 Massachusetts opinions naming this issue, 2008–2008
1 sentence

2008Cf. Williams v. Hartman, 413 Mass. 398, 403 (1992), quoting DeShaney v. Winnebago County Dep’t of Social Servs., 489 U.S. 189, 199-200 (1989) (“when the State takes a person into its custody and holds him there against his will, the Constitution imposes upon it a corresponding duty to assume some responsibility for his safety and general well-being,” including adequate medical care).

11
Williams v. Hartmangreen
mass · 1992 · cited in 1 Massachusetts opinions naming this issue, 2008–2008
1 sentence

2008Cf. Williams v. Hartman, 413 Mass. 398, 403 (1992), quoting DeShaney v. Winnebago County Dep’t of Social Servs., 489 U.S. 189, 199-200 (1989) (“when the State takes a person into its custody and holds him there against his will, the Constitution imposes upon it a corresponding duty to assume some responsibility for his safety and general well-being,” including adequate medical care).

11
School Committee of Waltham v. Waltham Educators Ass'ngreen
mass · 1986 · cited in 1 Massachusetts opinions naming this issue, 2001–2001
1 sentence

2001See School Committee of Waltham v. Waltham Educator’s Association, 398 Mass. 703, 705 (1986); School Committee of West Springfield v. Korbut, 373 Mass. 788, 792-93 (1977).

11
School Committee of West Springfield v. Korbutgreen
mass · 1977 · cited in 1 Massachusetts opinions naming this issue, 2001–2001
1 sentence

2001See School Committee of Waltham v. Waltham Educator’s Association, 398 Mass. 703, 705 (1986); School Committee of West Springfield v. Korbut, 373 Mass. 788, 792-93 (1977).

11
Bain v. City of Springfieldgreen
mass · 1997 · cited in 1 Massachusetts opinions naming this issue, 2000–2000
1 sentence

2000The Court made clear in Bain v. City of Springfield, 424 Mass. 758, 768 (1997), that the obligation to review punitive damage awards for excess applies even where, as here, a defendant lacks the protections of due process because of its status as a governmental entity.

11
City of Marlborough v. Cybulski, Ohnemus & Associates, Inc.green
mass · 1976 · cited in 1 Massachusetts opinions naming this issue, 1983–1983
1 sentence

1983Marlborough v. Cubulski, Ohnemus & Assoc., Inc., 370 Mass. 157, 159-160 (1976).

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 (6)

CaseCitedYears
City of Lynn v. Thompson green
mass · 2001
1 sentence

2026See Katz, Nannis & Solomon, P.C., 473 Mass. at 795 ("If [an] arbitrator[] in assessing damages commit[s] an error of law or fact, but do[es] not overstep the limits of the issues submitted to [him], a court may not substitute its judgment on the matter" [citation omitted]); Thompson, 435 Mass. at 61 .

12026–2026
Commonwealth v. Murphy green
mass · 1996
2 sentences

2000The appropriate source of funds for paying an award under rule 15 (d) to a defendant’s private counsel (subject to the Legislature’s final determination) was decided in Commonwealth v. Murphy, supra. As that case points out (id. at 1011), AOTC had been paying the bills for some time.

2000The orders entered after the Murphy decision still direct that “[t]o the extent that AOTC has appropriated funds to pay these bills, it should pay these claims.” Id.

12000–2000
Rein v. Town of Marshfield green
massappct · 1983
1 sentence

2000L. c. 150E, § 7(d), resolved any conflict in favor of the contract, thus removing any contention that such an award might be in violation of a statute. 16 Mass. App. Ct. at 523 .

12000–2000
Callahan v. Board of Bar Overseers green
mass · 1994
1 sentence

1996Callahan v. Board of Bar Overseers, 417 Mass. 516, 519 (1994).

11996–1996
Washington Arbitration Case green
pa · 1969
1 sentence

1978Despite this broad language and the fact that the statute on group insurance did not (as does ours) in terms forbid the questioned municipal contribution, 17 the court struck the pertinent part of the award for violation of the perceived policy of the statute, which was not to be circumvented by calling the contribution an addition to salary, or compensation, or benefits: "[Arbitration panels ... may not mandate that a governing body carry out an illegal act.” Id. at 176 .

11978–1978
Fox v. Employers' Fire Insurance green
mass · 1953
1 sentence

1977We do not understand that it is contended that the referees in the case at bar were in error in their construction of the policies.” Id. at 289 .

11977–1977

Statutes the citing opinions construe

MA § Mass. Gen. Laws ch. 251, § 12 (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 36 (1958–2025) IL 29 (1973–2023) PA 29 (1836–2020) NY 28 (1843–2026) CT 21 (1983–2013) TX 18 (1937–2020) LA 17 (1971–2014) AZ 17 (1945–2025) FL 17 (1959–2026) MI 16 (1935–2024) OH 14 (1959–2025) MO 13 (1939–2020) IN 12 (1943–2015) MA 12 (1977–2026) GA 12 (1938–2006) NC 12 (1874–2025) NM 9 (2002–2023) MD 8 (1974–2023) OR 8 (1979–2016) SC 8 (1940–2014) AK 8 (1974–2023) VA 7 (1933–2014) NJ 7 (1884–2025) WY 6 (1901–2015) VT 6 (1854–2024) AL 5 (1982–2015) MN 5 (1952–2012) WV 5 (1950–1992) WA 5 (1945–2003) CO 5 (1910–2025) MS 4 (1846–2003) UT 4 (1980–2014) DC 3 (1991–2019) KS 3 (1897–2020) OK 2 (1939–1993) TN 2 (2020–2022) HI 2 (1992–2012) RI 2 (2014–2017) ID 2 (1986–2007) NE 2 (2014–2015) WI 2 (1952–1999) KY 2 (1896–1985)

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.

← Caselaw search · G Cite Topics · Brief Check