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10 Massachusetts opinions name it 4 courts 1999–2025 4 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 |
|---|---|---|
Buffalo-Water 1, LLC v. Fidelity Real Estate Company, LLCgreen2 sentences2025Cf. Buffalo-Water 1, LLC v. Fidelity Real Estate Co., 481 Mass. 13, 20 (2018) (declaration of parties' rights "is implicit in a judge's order to dismiss a declaratory judgment claim under rule 12 [b] [6]"). [5] On appeal, Cannata also asserts that G. 2025See Buffalo- Water 1, LLC v. Fidelity Real Estate Co., LLC, 481 Mass. 13 , 18 n.8 (2018) ("[w]here the relief sought through a declaratory judgment claim involves administrative action, we further require the plaintiff to show that all available administrative 2 In October 2017, the father admitted to not having made child support payments after the 2015 judgment, at which point he was $28,308.16 in arrears. | 3 | 3 |
Iodice v. City of Newtongreen2 sentences2021Iodice v. Newton, 397 Mass. 329 , 333 (1986); see Colangelo v. Board of Appeals of Lexington, 407 Mass. 242 , 247 (1990). 2011See Iodice v. Newton, 397 Mass. 329, 333-34 (1986). 6 In particular, a declaratory judgment claim does not cure the timeliness and numerosity problems identified above. | 1 | 2 |
Colangelo v. Board of Appeals of Lexingtongreen1 sentence2021Iodice v. Newton, 397 Mass. 329 , 333 (1986); see Colangelo v. Board of Appeals of Lexington, 407 Mass. 242 , 247 (1990). | 1 | 1 |
Commonwealth v. Melogreen1 sentence2018Accord Melo , supra at 677 (reversing allowance of motion to correct sentence where defendant "should have sought a declaratory judgment to challenge the DOC's calculation of his sentence"). | 1 | 1 |
Stefanick v. Planning Boardgreen1 sentence2011Stefanick, 39 Mass.App.Ct. at 423 (“The permissible expedient of a complaint for declaratory judgment. . . does not suspend the application of statutes which limit the time for judicial review”). | 1 | 1 |
New York County Lawyers' Ass'n v. Stategreen1 sentence2004See New York Lawyers’ Association v. State, 742 N.Y.S.2d 16 (N.Y.App.Div. 2002) (recognizing validity of prospective claim for declaratory relief); Makemson v. Martin County, 491 So. 2d 1109 (Fla. 1986) (challenge to statutory cap on total fee for assigned counsel rather than hourly rate); State in Interest of Johnson, 475 So.2d 340 (La. 1985) (permitting compensation of court-appointed counsel where no statute provided for such payment in child abandonment proceeding); Smith v. State of New Hampshire, 394 A.2d 834 (N.H. 1978) (attorneys obliged to represent indigents when appointed by court). | 1 | 1 |
Hayseeds, Inc. v. State Farm Fire & Cas.green1 sentence1999Thus, “it [is] of little importance whether an insurer contests an insured’s claim in good or bad faith” for “[t]o impose upon the insured the cost of compelling his insurer to honor its contractual obligation is effectively to deny him the benefit of his bargain.” Hayseeds, Inc. v. State Farm Fire & Cas., supra at 329. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Attorney General v. Kenco Optics, Inc.
green
1 sentence2018The rights of the parties should be declared." Attorney Gen . v. Kenco Optics, Inc ., 369 Mass. 412 , 418 (1976). | 1 | 2018–2018 |
North American Expositions Co. v. Corcoran
green
2 sentences2012More relevant here is North America, 452 Mass. at 868 , where the court dismissed the declaratory judgment claim because it “arose solely” out of the defendant’s petitioning activities. 2012“To allow the addition of a claim for declaratory relief to deprive the defendants of their immunity from suit under the anti-SLAPP statute would defeat the purpose and intent of the statute to protect against harassment and the burden of litigation.” Id. | 1 | 2012–2012 |
Smith v. State
green
1 sentence2004See New York Lawyers’ Association v. State, 742 N.Y.S.2d 16 (N.Y.App.Div. 2002) (recognizing validity of prospective claim for declaratory relief); Makemson v. Martin County, 491 So. 2d 1109 (Fla. 1986) (challenge to statutory cap on total fee for assigned counsel rather than hourly rate); State in Interest of Johnson, 475 So.2d 340 (La. 1985) (permitting compensation of court-appointed counsel where no statute provided for such payment in child abandonment proceeding); Smith v. State of New Hampshire, 394 A.2d 834 (N.H. 1978) (attorneys obliged to represent indigents when appointed by court). | 1 | 2004–2004 |
State in Interest of Johnson
green
1 sentence2004See New York Lawyers’ Association v. State, 742 N.Y.S.2d 16 (N.Y.App.Div. 2002) (recognizing validity of prospective claim for declaratory relief); Makemson v. Martin County, 491 So. 2d 1109 (Fla. 1986) (challenge to statutory cap on total fee for assigned counsel rather than hourly rate); State in Interest of Johnson, 475 So.2d 340 (La. 1985) (permitting compensation of court-appointed counsel where no statute provided for such payment in child abandonment proceeding); Smith v. State of New Hampshire, 394 A.2d 834 (N.H. 1978) (attorneys obliged to represent indigents when appointed by court). | 1 | 2004–2004 |
Makemson v. Martin County
green
1 sentence2004See New York Lawyers’ Association v. State, 742 N.Y.S.2d 16 (N.Y.App.Div. 2002) (recognizing validity of prospective claim for declaratory relief); Makemson v. Martin County, 491 So. 2d 1109 (Fla. 1986) (challenge to statutory cap on total fee for assigned counsel rather than hourly rate); State in Interest of Johnson, 475 So.2d 340 (La. 1985) (permitting compensation of court-appointed counsel where no statute provided for such payment in child abandonment proceeding); Smith v. State of New Hampshire, 394 A.2d 834 (N.H. 1978) (attorneys obliged to represent indigents when appointed by court). | 1 | 2004–2004 |
Aetna Casualty & Surety Co. v. Pitrolo
green
1 sentence1999“The focus of the declaratory judgment inquiry is simply whether the insurer had a duty to defend under the terms of the insurance policy.” Id. | 1 | 1999–1999 |
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.