12 Massachusetts opinions name it 4 courts 1975–2026 2 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 |
|---|---|---|
Dwight v. Dwightgreen2 sentences2005See Dwight v. Dwight, 371 Mass. 424, 427 (1976); Restatement (Second) of Judgments §18(1) (1980). 1993See Dwight v. Dwight, 371 Mass. 424, 427 (1976); Restatement (Second) of Judgments § 18(1) (1980). | 3 | 3 |
Najas Realty, LLC v. Seekonk Water Districtgreen1 sentence2026Compare Najas Realty II, 821 F.3d at 137-139, 145-146 (no bad faith or malice shown by "conclusory" allegations that water district superintendent raised "bogus" health concerns in opposition to project and stated he wanted developer "to go away" and be forced to "jump every hurdle"). | 1 | 1 |
Mills v. Foremost Insurancegreen1 sentence2017Co., 511 F.3d 1300, 1302 (11th Cir. 2008), for example, the plaintiff's claim is regarding damaged property, which differs from the total loss claim in the instant case. | 1 | 1 |
HipSaver, Inc. v. Kielgreen1 sentence2014Recklessness is a difficult standard to meet. “[R]eckless conduct is not measured by whether a reasonably prudent man would have published or would have investigated before publishing.” HipSaver, Inc. v. Kiel, 464 Mass. 517, 530 (2013), quoting from St. | 1 | 1 |
Commonwealth v. Wilsongreen1 sentence2005See Commonwealth v. Wilson, supra at 347 ; Commonwealth v. Williams, supra. We note that the two witnesses through whom the alibi presumably could have been presented at trial without the defendant’s testimony did not testify. | 1 | 1 |
Mathias v. Beatrice Foods Co.green1 sentence1998Co., 384 Mass. at 665 ; Mathias v. Beatrice Foods Co., 23 Mass. App. Ct. 915, 917 (1986) (simple negligence, want of sound judgment, hasty action, or sloppy and unfair business practices will not cause the loss of a privilege). | 1 | 1 |
Liberty Mut. v. NATL. CONSOLIDATED WAREHOUSESgreen1 sentence1994Co. v. National Consolidated Warehouses, Inc., 34 Mass.App.Ct. 293, 297 (1993) (citations omitted). | 1 | 1 |
Lozowski v. NICHOLSON FILE COMPANYgreen1 sentence1975See also Lozowski v. Nicholson File Co. 92 R.I. 270 (1961). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Downey v. Chutehall Construction Co.
green
1 sentence2025"Negligence is not enough to cause the loss of the privilege." Id. | 1 | 2025–2025 |
Commonwealth v. Williams
green
1 sentence2005See Commonwealth v. Wilson, supra at 347 ; Commonwealth v. Williams, supra. We note that the two witnesses through whom the alibi presumably could have been presented at trial without the defendant’s testimony did not testify. | 1 | 2005–2005 |
Spileos v. DiCenso
neutral
1 sentence2002“The parol evidence ride has been stated as follows: Where a writing appears to express the entire transaction or agreement entered into between the parties thereto, extrinsic evidence of prior or contemporaneous oral or written representations will not be admissible to vary, alter or control the written agreement HUGHES, EVIDENCE §421 (1961).” Spileos v. DiCenso, 1994 Mass. App. Div. 139, 140 . | 1 | 2002–2002 |
Gram v. Liberty Mutual Insurance
green
1 sentence1998Co., 384 Mass. at 665 ; Mathias v. Beatrice Foods Co., 23 Mass. App. Ct. 915, 917 (1986) (simple negligence, want of sound judgment, hasty action, or sloppy and unfair business practices will not cause the loss of a privilege). | 1 | 1998–1998 |
Lamont v. Aetna Bridge Company
green
1 sentence1975Nevertheless, in Lamont v. Aetna Bridge Co. 107 R.I. 686 (1970), the court implied that losses of only fifty percent in one ear and forty percent in the other would be sufficient, under the Pilkanis standard, to warrant a finding of a complete loss of hearing. | 1 | 1975–1975 |
Shipman v. Employers Mutual Liability Insurance
green
1 sentence1975Id. at 493 . | 1 | 1975–1975 |
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.