11 Massachusetts opinions name it 3 courts 1812–2014 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 |
|---|---|---|
Dewan v. Dewangreen2 sentences2014See, e.g., Dewan v. Dewan, 399 Mass. 754, 757 (1987), citing Holbrook v. Holbrook, 103 Wis. 2d 327, 340 (Ct. App. *247 1981) (present assignment of percentage of future pension benefits is “the preferable approach” where sufficient assets are available at time of divorce to divide present value without causing undue hardship to either spouse). 2002As observed in Lauricella v. Lauricella, supra, the following interests have been recognized as marital property subject to division: future pension rights, see Dewan v. Dewan, 399 Mass. 754, 755, 759-760 (1987); rights in pending lawsuits, see Hanify v. Hanify, 403 Mass. 184, 186-190 (1988); and rights under a contingent fee agreement, see Lyons v. Lyons, 403 Mass. 1003 (1988). | 2 | 2 |
Holbrook v. Holbrookgreen1 sentence2014See, e.g., Dewan v. Dewan, 399 Mass. 754, 757 (1987), citing Holbrook v. Holbrook, 103 Wis. 2d 327, 340 (Ct. App. *247 1981) (present assignment of percentage of future pension benefits is “the preferable approach” where sufficient assets are available at time of divorce to divide present value without causing undue hardship to either spouse). | 1 | 1 |
Yannas v. Frondistou-Yannasgreen1 sentence2006The trial judge specifically concluded that the wife’s argument did not meet the real advantage standard as set out in Yan-nas v. Frondistou-Yannas, 395 Mass. 704, 710-712 (1985). | 1 | 1 |
Hanify v. Hanifygreen1 sentence2002As observed in Lauricella v. Lauricella, supra, the following interests have been recognized as marital property subject to division: future pension rights, see Dewan v. Dewan, 399 Mass. 754, 755, 759-760 (1987); rights in pending lawsuits, see Hanify v. Hanify, 403 Mass. 184, 186-190 (1988); and rights under a contingent fee agreement, see Lyons v. Lyons, 403 Mass. 1003 (1988). | 1 | 1 |
Cladis v. Cladisgreen1 sentence2002Cf. Cladis v. Cladis, 512 So. 2d 271, 274 (Fla. Dist. | 1 | 1 |
Minkley v. MacFarlandgreen2 sentences1995In Minkley v. MacFarland, 371 Mass. 891 (1976) (rescript), the Supreme Judicial Court noted, in dicta, that a wife may have a claim for the loss of consortium of her husband even if he lives only a few hours after suffering a tortious injury. 1995Minkley v. MacFarland, supra, 371 Mass. at 891 (citations omitted). 4 In the companion case to Pinheiro v. Medical Malpractice Joint Underwriting Association of Massachusetts, supra, 5 the Court upheld the separate and distinct consortium claim of a woman who also sued for the wrongful death of her husband, who died the year following his negligent treatment by a physician. | 1 | 1 |
Osborne v. Town of Lancastergreen1 sentence1981See Licker v. Gluskin, supra, and Osborne v. Lancaster, 345 Mass. 164, 165 (1962), explaining Licker . | 1 | 1 |
Licker v. Gluskingreen1 sentence1981See Licker v. Gluskin, supra, and Osborne v. Lancaster, 345 Mass. 164, 165 (1962), explaining Licker . | 1 | 1 |
Diaz v. Eli Lilly & Co.green1 sentence1976Diaz v. Eli Lilly & Co., 364 Mass. 153, 167-168 (1973). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Lauricella v. Lauricella
green
1 sentence2002As observed in Lauricella v. Lauricella, supra, the following interests have been recognized as marital property subject to division: future pension rights, see Dewan v. Dewan, 399 Mass. 754, 755, 759-760 (1987); rights in pending lawsuits, see Hanify v. Hanify, 403 Mass. 184, 186-190 (1988); and rights under a contingent fee agreement, see Lyons v. Lyons, 403 Mass. 1003 (1988). | 1 | 2002–2002 |
Lyons v. Lyons
green
1 sentence2002As observed in Lauricella v. Lauricella, supra, the following interests have been recognized as marital property subject to division: future pension rights, see Dewan v. Dewan, 399 Mass. 754, 755, 759-760 (1987); rights in pending lawsuits, see Hanify v. Hanify, 403 Mass. 184, 186-190 (1988); and rights under a contingent fee agreement, see Lyons v. Lyons, 403 Mass. 1003 (1988). | 1 | 2002–2002 |
Pinheiro v. MED. MALPRACTICE JOINT UNDERWRITING ASS'N
green
1 sentence1995Minkley v. MacFarland, supra, 371 Mass. at 891 (citations omitted). 4 In the companion case to Pinheiro v. Medical Malpractice Joint Underwriting Association of Massachusetts, supra, 5 the Court upheld the separate and distinct consortium claim of a woman who also sued for the wrongful death of her husband, who died the year following his negligent treatment by a physician. | 1 | 1995–1995 |
Karl J. Kirchberg, Plaintiff-Third Party v. Joan Paillot Feenstra, Defendant-Third Party v. Edwin W. Edwards and State of Louisiana, Third Party
green
2 sentences1981The State was violating equal protection even though the “burden” (including expense) laid on the wife to claim equality was not “insurmountable.” Id. at 733-734 . 23 As a practical matter, in many cases the statutory expedient open to the wife would be a dead letter because of simple lack of knowledge that it existed; there would be no real choice. 1981Id. at 733 n.14. | 1 | 1981–1981 |
Inhabitants of Sturbridge v. Franklin
green
1 sentence1906As was said in Sturbridge v. Franklin, 160 Mass. 149, 151 , “ It creates no privity between two parties that, as litigants in two different suits, they happen to be' interested in proving or disproving the same facts.” The ruling that the judgment for the defendant in a former action brought by the plaintiff’s wife was a bar to the action brought by the plaintiff was erroneous. | 1 | 1906–1906 |
Marsh v. Hoyt
green
1 sentence1899Marsh v. Hoyt, 161 Mass. 459 , cannot be regarded as authority for allowing a wife to claim five thousand dollars’ worth of land out of real estate in which her husband had only a remainder at his death. | 1 | 1899–1899 |
Stewart v. Frazier
neutral
1 sentence1873In Stewart v. Frazier, 5 Ala. 114 , the defendant had received money to be kept for the plaintiff, without compensation. | 1 | 1873–1873 |
Clark v. Munroe
neutral
1 sentence1812Munroe, ( 14 Mass. Rep. 351 ,) where there was a conveyance to the husband in fee during the coverture, and a reconveyance to a third person, it was also held that the wife had no claim to dower. | 1 | 1812–1812 |
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.