enforceable claim (Massachusetts) · Go Syfert
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enforceable claim in Massachusetts

10 Massachusetts opinions name it 4 courts 1980–2023 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 (14)

CaseFollowedCited
Siles v. Travenol Laboratories, Inc.green
massappct · 1982 · cited in 2 Massachusetts opinions naming this issue, 1996–2002
2 sentences

2002Our cases indicate that a plaintiff generally does not have an enforceable claim for a “bad faith” termination of an at-will employment contract unless the employee can show that (1) the discharge resulted from the defendant’s intent to benefit financially at the plaintiffs expense, such as for the purpose of retaining for itself sales commission or pension benefits which would otherwise be due to the plaintiff; Siles v. Travenol Labs., Inc., 13 Mass.App.Ct. 354, 358 (1982); see Maddaloni v. Western Mass. Bus Lines, 386 Mass. 877, 884 (1982); Fortune, 373 Mass. at 102 ; or (2) the employer’s r

2002Our cases indicate that a plaintiff generally does not have an enforceable claim for a “bad faith” termination of an at-will employment contract unless the employee can show that (1) the discharge resulted from the defendant’s intent to benefit financially at the plaintiffs expense, such as for the purpose of retaining for itself sales commission or pension benefits which would otherwise be due to the plaintiff; Siles v. Travenol Labs., Inc., 13 Mass.App.Ct. 354, 358 (1982); see Maddaloni v. Western Mass. Bus Lines, 386 Mass. 877, 884 (1982); Fortune, 373 Mass. at 102 ; or (2) the employer’s r

22
McGuinness v. Cottergreen
mass · 1992 · cited in 1 Massachusetts opinions naming this issue, 2023–2023
1 sentence

2023See McGuinness v. Cotter, 412 Mass. 617, 621 (1992), quoting Klein v. Catalano, 386 Mass. 701, 702 (1982) ("A statute of limitations is a procedural measure which 'normally governs the 14 time within which legal proceedings must be commenced after the cause of action accrues'"); Doe No. 4 v. Levine, 77 Mass. App. Ct. 117, 119 (2010), quoting Black's Law Dictionary 23 (9th ed. 2009) ("'Accrue' means '[t]o come into existence as an enforceable claim or right'").

11
Klein v. Catalanogreen
mass · 1982 · cited in 1 Massachusetts opinions naming this issue, 2023–2023
1 sentence

2023See McGuinness v. Cotter, 412 Mass. 617, 621 (1992), quoting Klein v. Catalano, 386 Mass. 701, 702 (1982) ("A statute of limitations is a procedural measure which 'normally governs the 14 time within which legal proceedings must be commenced after the cause of action accrues'"); Doe No. 4 v. Levine, 77 Mass. App. Ct. 117, 119 (2010), quoting Black's Law Dictionary 23 (9th ed. 2009) ("'Accrue' means '[t]o come into existence as an enforceable claim or right'").

11
John Doe No. 4 v. Levinegreen
massappct · 2010 · cited in 1 Massachusetts opinions naming this issue, 2023–2023
1 sentence

2023See McGuinness v. Cotter, 412 Mass. 617, 621 (1992), quoting Klein v. Catalano, 386 Mass. 701, 702 (1982) ("A statute of limitations is a procedural measure which 'normally governs the 14 time within which legal proceedings must be commenced after the cause of action accrues'"); Doe No. 4 v. Levine, 77 Mass. App. Ct. 117, 119 (2010), quoting Black's Law Dictionary 23 (9th ed. 2009) ("'Accrue' means '[t]o come into existence as an enforceable claim or right'").

11
Maddaloni v. Western Mass. Bus Lines, Inc.green
mass · 1982 · cited in 1 Massachusetts opinions naming this issue, 2002–2002
1 sentence

2002Our cases indicate that a plaintiff generally does not have an enforceable claim for a “bad faith” termination of an at-will employment contract unless the employee can show that (1) the discharge resulted from the defendant’s intent to benefit financially at the plaintiffs expense, such as for the purpose of retaining for itself sales commission or pension benefits which would otherwise be due to the plaintiff; Siles v. Travenol Labs., Inc., 13 Mass.App.Ct. 354, 358 (1982); see Maddaloni v. Western Mass. Bus Lines, 386 Mass. 877, 884 (1982); Fortune, 373 Mass. at 102 ; or (2) the employer’s r

11
Cort v. Bristol-Myers Co.green
mass · 1982 · cited in 1 Massachusetts opinions naming this issue, 2002–2002
1 sentence

2002Our cases indicate that a plaintiff generally does not have an enforceable claim for a “bad faith” termination of an at-will employment contract unless the employee can show that (1) the discharge resulted from the defendant’s intent to benefit financially at the plaintiffs expense, such as for the purpose of retaining for itself sales commission or pension benefits which would otherwise be due to the plaintiff; Siles v. Travenol Labs., Inc., 13 Mass.App.Ct. 354, 358 (1982); see Maddaloni v. Western Mass. Bus Lines, 386 Mass. 877, 884 (1982); Fortune, 373 Mass. at 102 ; or (2) the employer’s r

11
Hunneman & Co. v. Nigrogreen
massdistctapp · 2000 · cited in 1 Massachusetts opinions naming this issue, 2000–2000
1 sentence

2000See Hunneman & Co. v. Nigro, 2000 Mass. App. Div. 4, 8 (Breach of a binding contract to purchase is a wrongful act that entitles the broker to its commission).

11
King v. Driscollgreen
mass · 1994 · cited in 1 Massachusetts opinions naming this issue, 1996–1996
1 sentence

1996An at-will employee generally does not have an enforceable claim for discharge in breach of the implied covenant of good faith unless he can establish that his discharge is contrary to a well-defined public policy. 8 See King v. Driscoll, 418 Mass. 576, 582-583 (1994); Siles v. Travenol Labs., Inc., 13 Mass. App. Ct. 354, 358 (1992).

11
Maddaloni v. Western Mass. Bus Lines, Inc.green
massappct · 1981 · cited in 1 Massachusetts opinions naming this issue, 1982–1982
1 sentence

1982Corp., 356 Mass. 718 (1969); Fortune v. National Cash Register Co., 373 Mass. at 104-105 ; Maddaloni v. Western Mass. Bus Lines, Inc., 12 Mass. App. Ct. 236, 243 (1981), or (2) that the employer’s reason for the discharge was contrary to public policy, see Gram v. Liberty Mut.

11
Silver v. Gravesgreen
mass · 1911 · cited in 1 Massachusetts opinions naming this issue, 1980–1980
1 sentence

1980Melotte v. Tucci, 319 Mass. 490, 492 (1946); Kahn v. Waldman, 283 Mass. 391, 393 (1933); Codman v. Dumaine, 249 Mass. 451, 458-459 (1924); Silver v. Graves, 210 Mass. 26, 30 (1911).

11
Codman v. Dumainegreen
mass · 1924 · cited in 1 Massachusetts opinions naming this issue, 1980–1980
1 sentence

1980Melotte v. Tucci, 319 Mass. 490, 492 (1946); Kahn v. Waldman, 283 Mass. 391, 393 (1933); Codman v. Dumaine, 249 Mass. 451, 458-459 (1924); Silver v. Graves, 210 Mass. 26, 30 (1911).

11
Kahn v. Waldmangreen
mass · 1933 · cited in 1 Massachusetts opinions naming this issue, 1980–1980
1 sentence

1980Melotte v. Tucci, 319 Mass. 490, 492 (1946); Kahn v. Waldman, 283 Mass. 391, 393 (1933); Codman v. Dumaine, 249 Mass. 451, 458-459 (1924); Silver v. Graves, 210 Mass. 26, 30 (1911).

11
Melotte v. Tuccigreen
mass · 1946 · cited in 1 Massachusetts opinions naming this issue, 1980–1980
1 sentence

1980Melotte v. Tucci, 319 Mass. 490, 492 (1946); Kahn v. Waldman, 283 Mass. 391, 393 (1933); Codman v. Dumaine, 249 Mass. 451, 458-459 (1924); Silver v. Graves, 210 Mass. 26, 30 (1911).

11
Spalding v. Spaldinggreen
mass · 1969 · cited in 1 Massachusetts opinions naming this issue, 1980–1980
1 sentence

1980See also Spalding v. Spalding, 356 Mass. 729 (1969) (“The power lodged in the trustee to invade principal ‘in its uncontrolled discretion’ for the maintenance, support and education of [the minor child] does not give to [the child and his mother] an enforceable claim against the trust for their support”).

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
Gram v. Liberty Mutual Insurance green
mass · 1981
2 sentences

2002Our cases indicate that a plaintiff generally does not have an enforceable claim for a “bad faith” termination of an at-will employment contract unless the employee can show that (1) the discharge resulted from the defendant’s intent to benefit financially at the plaintiffs expense, such as for the purpose of retaining for itself sales commission or pension benefits which would otherwise be due to the plaintiff; Siles v. Travenol Labs., Inc., 13 Mass.App.Ct. 354, 358 (1982); see Maddaloni v. Western Mass. Bus Lines, 386 Mass. 877, 884 (1982); Fortune, 373 Mass. at 102 ; or (2) the employer’s r

1982Id. at 671 .

21982–2002
Fortune v. National Cash Register Co. green
mass · 1977
2 sentences

2002Our cases indicate that a plaintiff generally does not have an enforceable claim for a “bad faith” termination of an at-will employment contract unless the employee can show that (1) the discharge resulted from the defendant’s intent to benefit financially at the plaintiffs expense, such as for the purpose of retaining for itself sales commission or pension benefits which would otherwise be due to the plaintiff; Siles v. Travenol Labs., Inc., 13 Mass.App.Ct. 354, 358 (1982); see Maddaloni v. Western Mass. Bus Lines, 386 Mass. 877, 884 (1982); Fortune, 373 Mass. at 102 ; or (2) the employer’s r

1982Corp., 356 Mass. 718 (1969); Fortune v. National Cash Register Co., 373 Mass. at 104-105 ; Maddaloni v. Western Mass. Bus Lines, Inc., 12 Mass. App. Ct. 236, 243 (1981), or (2) that the employer’s reason for the discharge was contrary to public policy, see Gram v. Liberty Mut.

21982–2002
Commonwealth v. DeJesus green
mass · 2003
1 sentence

2018This understanding of the rule finds support in the case law as well; in Commonwealth v. DeJesus , 440 Mass. 147 , 152 (2003), the Supreme Judicial Court stated that in order for a motion to revise or revoke to be "properly filed," the motion "must be accompanied by an affidavit, or otherwise indicate the grounds upon which [the motion] is based " (emphasis supplied).

12018–2018
Tristram's Landing, Inc. v. Wait green
mass · 1975
1 sentence

2000Hillis v. Lake, supra; Tristram’s Landing, Inc. v. Wait, supra. Hunneman met the first condition in that it produced a buyer, Mucci, who was ready, willing and able to purchase the Property at a price acceptable to Milhem.

12000–2000
Hillis v. Lake green
mass · 1995
1 sentence

2000Hillis v. Lake, supra; Tristram’s Landing, Inc. v. Wait, supra. Hunneman met the first condition in that it produced a buyer, Mucci, who was ready, willing and able to purchase the Property at a price acceptable to Milhem.

12000–2000
Green v. Richmond green
mass · 1975
2 sentences

1986In exchange for the later (i.e., post-divorce) promises of support, the plaintiff gave the defendant "personal love, emotional and spiritual support and care for a family environment" *163 and "provided companionship ... [and] acted as a loyal and dutiful friend and companion." These services of love, support and companionship are indistinguishable from the services provided by the plaintiff in Green v. Richmond, 369 Mass. 47 (1975).

1986In exchange for the later (i.e., post-divorce) promises of support, the plaintiff gave the defendant “personal love, emotional and spiritual support and care for a family environ ment” and “provided companionship . . . [and] acted as a loyal and dutiful friend and companion.” These services of love, support and companionship are indistinguishable from the services provided by the plaintiff in Green v. Richmond, 369 Mass. 47 (1975).

11986–1986
RLM Associates, Inc. v. Carter Manufacturing Corp. green
mass · 1969
1 sentence

1982Corp., 356 Mass. 718 (1969); Fortune v. National Cash Register Co., 373 Mass. at 104-105 ; Maddaloni v. Western Mass. Bus Lines, Inc., 12 Mass. App. Ct. 236, 243 (1981), or (2) that the employer’s reason for the discharge was contrary to public policy, see Gram v. Liberty Mut.

11982–1982

Where else courts name it

MS 89 (1935–2024) CA 32 (1913–2026) GA 27 (1965–2024) AL 23 (1909–2014) TX 20 (1916–2019) NC 18 (1946–2024) IL 15 (1936–2026) NY 15 (1932–2011) FL 14 (1954–2024) WI 14 (1954–2009) MA 10 (1980–2023) NJ 10 (1986–2024) PA 8 (1943–2023) KS 8 (1960–2021) CT 7 (1977–2019) HI 7 (2002–2025) IA 7 (1904–2025) CO 6 (1902–2021) LA 6 (1957–2005) NM 5 (1999–2019) MI 5 (1992–2018) DE 5 (1940–2021) OH 4 (2010–2024) MN 4 (1995–2014) MO 4 (1913–1999) UT 4 (1954–2019) ND 4 (1988–2012) IN 4 (1917–2012) SD 3 (1943–2022) VA 3 (2004–2017) VT 3 (2003–2016) WA 3 (1902–1982) NH 2 (1988–1995) NE 2 (1938–2017) MD 2 (2023–2023)

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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