aiding and abetting claim (Massachusetts) · Go Syfert
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aiding and abetting claim in Massachusetts

9 Massachusetts opinions name it 3 courts 2005–2026 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.

Followed or applied (8)

CaseFollowedCited
In re Wayport, Inc. Litigationgreen
delch · 2013 · cited in 2 Massachusetts opinions naming this issue, 2025–2026
2 sentences

2026If there is no underlying breach of fiduciary duty, then “the aiding and abetting claim fails.” In re Wayport, Inc. Litig., 76 A.3d 296, 323 (Del.

2025If no underlying breach of fiduciary duty is proved at trial, “the aiding and abetting claim fails.” In re Wayport, Inc. Litig., 76 A.3d 296, 323 (Del.

22
Kourouvacilis v. General Motors Corp.green
mass · 1991 · cited in 1 Massachusetts opinions naming this issue, 2024–2024
1 sentence

2024See generally Roman v. Trustees of Tufts College, 461 Mass. 707, 711 (2012) (“A nonmoving party’s failure to establish an essential element of her claim ‘renders all other facts immaterial’ and mandates summary judgment in favor of the moving party.”) (quoting Kourouvacilis v. General Motors Corp., 410 Mass. 706, 711 (1991)). 4.

11
Roman v. Trustees of Tufts Collegegreen
mass · 2012 · cited in 1 Massachusetts opinions naming this issue, 2024–2024
1 sentence

2024See generally Roman v. Trustees of Tufts College, 461 Mass. 707, 711 (2012) (“A nonmoving party’s failure to establish an essential element of her claim ‘renders all other facts immaterial’ and mandates summary judgment in favor of the moving party.”) (quoting Kourouvacilis v. General Motors Corp., 410 Mass. 706, 711 (1991)). 4.

11
Abramian v. President & Fellows of Harvard Collegegreen
mass · 2000 · cited in 1 Massachusetts opinions naming this issue, 2012–2012
2 sentences

2012We reject the division’s argument that under Russell v. Cooley Dickinson Hosp., Inc., 437 Mass. 443 (2002) (Russell), and Abramian v. President & Fellows of Harvard College, 432 Mass. 107 (2000) (Abramian), the plaintiffs’ aiding and abetting claim under § 4 (5) necessarily fails because the municipalities are not named as defendants.

2012An aiding and abetting claim under § 4 (5), however, is also “entirely derivative of the discrimination claim.” Abramian v. President & Fellows of Harvard College, 432 Mass. 107, 122 (2000).

11
Russell v. Cooley Dickinson Hospital, Inc.green
mass · 2002 · cited in 1 Massachusetts opinions naming this issue, 2012–2012
2 sentences

2012See Russell v. Cooley Dickinson Hosp., Inc., 437 Mass. 443 , 458 n.7 (2002). 22 In this case, the plaintiffs’ complaint fails to allege that any of the employing municipali ties, as the proposed principal offenders, committed a distinct, underlying act of employment discrimination from which the aiding and abetting claim may be said to derive.

2012We reject the division’s argument that under Russell v. Cooley Dickinson Hosp., Inc., 437 Mass. 443 (2002) (Russell), and Abramian v. President & Fellows of Harvard College, 432 Mass. 107 (2000) (Abramian), the plaintiffs’ aiding and abetting claim under § 4 (5) necessarily fails because the municipalities are not named as defendants.

11
Schultz v. Rhode Island Hospital Trust National Bank, N.A.green
ca1 · 1996 · cited in 1 Massachusetts opinions naming this issue, 2007–2007
1 sentence

2007Nat’l Trust Bank, 94 F.3d 721, 730 (1st Cir. 1996); see also Stock v. Fife, 13 Mass.App.Ct. 75 , 82 n.10 (1982) (the doctrine of aiding and abetting “appears to be reserved for application to facts which manifest a common plan to commit a tortious act where the participants know of the plan and take affirmative steps to encourage the achievement of the result”).

11
Stock v. Fifegreen
massappct · 1982 · cited in 1 Massachusetts opinions naming this issue, 2007–2007
1 sentence

2007Nat’l Trust Bank, 94 F.3d 721, 730 (1st Cir. 1996); see also Stock v. Fife, 13 Mass.App.Ct. 75 , 82 n.10 (1982) (the doctrine of aiding and abetting “appears to be reserved for application to facts which manifest a common plan to commit a tortious act where the participants know of the plan and take affirmative steps to encourage the achievement of the result”).

11
Beaupre v. Cliff Smith & Associatesgreen
massappct · 2000 · cited in 1 Massachusetts opinions naming this issue, 2005–2005
1 sentence

2005See, e.g., Beaupre v. Cliff Smith & Assocs., 50 Mass. App. Ct. 480, 494-495 (2000).

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 (5)

CaseCitedYears
Arcidi v. National Ass'n of Government Employees, Inc. green
mass · 2006
1 sentence

2025Employees, Inc., 447 Mass. 616 , 623–624 (2006), the subject matter of the Baldwins’ aiding and abetting claim is analogous to an equitable claim for breach of fiduciary duty.

12025–2025
Keeler v. Putnam Fiduciary Trust Co. green
ca1 · 2001
1 sentence

2013In Keeler v. Putnam Fiduciaty Trust Co., 238 F.3d 5 (1st Cir. 2001), the First Circuit considered whether a claim for failure to investigate and remedy could give rise to independent liability beyond a failed age discrimination claim.

12013–2013
Commonwealth v. Zanetti green
mass · 2009
2 sentences

2010Based on the recent evolution of our case law on joint venture, “renounc[ing] the false distinction between a principal and an accomplice,” Commonwealth v. Zanetti, supra at 464 , there is no longer a need to determine whether a defendant is a joint venturer as defined in Commonwealth v. Bianco, 388 Mass. 358, 366 , S.C., 390 Mass. 254 (1983), and we have instead adopted an aiding and abetting analysis and formulation, Commonwealth v. Zanetti, supra at 467 .

2010Based on the recent evolution of our case law on joint venture, “renounc[ing] the false distinction between a principal and an accomplice,” Commonwealth v. Zanetti, supra at 464 , there is no longer a need to determine whether a defendant is a joint venturer as defined in Commonwealth v. Bianco, 388 Mass. 358, 366 , S.C., 390 Mass. 254 (1983), and we have instead adopted an aiding and abetting analysis and formulation, Commonwealth v. Zanetti, supra at 467 .

12010–2010
Commonwealth v. Bianco green
mass · 1983
1 sentence

2010Based on the recent evolution of our case law on joint venture, “renounc[ing] the false distinction between a principal and an accomplice,” Commonwealth v. Zanetti, supra at 464 , there is no longer a need to determine whether a defendant is a joint venturer as defined in Commonwealth v. Bianco, 388 Mass. 358, 366 , S.C., 390 Mass. 254 (1983), and we have instead adopted an aiding and abetting analysis and formulation, Commonwealth v. Zanetti, supra at 467 .

12010–2010
Commonwealth v. Bianco green
mass · 1983
1 sentence

2010Based on the recent evolution of our case law on joint venture, “renounc[ing] the false distinction between a principal and an accomplice,” Commonwealth v. Zanetti, supra at 464 , there is no longer a need to determine whether a defendant is a joint venturer as defined in Commonwealth v. Bianco, 388 Mass. 358, 366 , S.C., 390 Mass. 254 (1983), and we have instead adopted an aiding and abetting analysis and formulation, Commonwealth v. Zanetti, supra at 467 .

12010–2010

Statutes the citing opinions construe

MA § Mass. Gen. Laws ch. 151B, § 4 (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 101 (1960–2026) DE 97 (2000–2026) DC 56 (1982–2023) KS 55 (1975–2026) MS 42 (1990–2019) NY 42 (1978–2026) MI 28 (1975–2026) IA 19 (1976–2023) AZ 13 (2002–2025) TX 10 (2003–2025) NE 9 (1986–2026) MA 9 (2005–2026) OH 9 (1984–2026) NC 8 (1995–2018) MD 8 (2002–2025) RI 5 (2008–2020) NJ 5 (2018–2024) MN 5 (1985–2012) PA 5 (2014–2023) CT 5 (1984–2018) IL 5 (1994–2025) ID 4 (2008–2012) SD 4 (1978–2022) UT 4 (1982–2018) WA 4 (1969–1999) KY 4 (1934–2016) MO 3 (1971–2014) WV 3 (2015–2021) NV 2 (2005–2017) OR 2 (2006–2026) CO 2 (2016–2016) WI 2 (1994–2009)

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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