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8 Massachusetts opinions name it 3 courts 1975–2008 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 |
|---|---|---|
Hubbard v. Beatty & Hyde, Inc.green2 sentences2008To establish probable cause, “[a]ll that is necessary, where civil proceedings are involved, is that the ‘claimant reasonably believe that there is a chance that his claim may be held valid upon adjudication.’ ” Id. at 262 (citation omitted). 2008“All that is necessary, where civil proceedings are involved, is that the ‘claimant reasonably believed that there [was] a chance that his claim [may have been] held valid upon adjudication.’ ” Id. at 262 , quoting Restatement (Second) of Torts, §676 cmt. e (1977). | 3 | 4 |
Bednarz v. Bednarzgreen2 sentences2006“All that is necessary, where civil proceedings are involved, is that the ‘claimant reasonably believe that there is a chance that his claim may be held valid upon adjudication.’ ” Id. at 262, quoting Restatement of Torts § 675 comment e. The defendant relies on Bednarz v. Bednarz, 27 Mass. App. Ct. 668, 672 (1989), which cites to our Hubbard decision, as well as the Restatement (Second) of Torts § 675 (1977) (entitled, “Existence of Probable Cause”). 6 The defendant contends that “[t]he applicable test is whether Bolger and Moscala ‘reasonably believe[d]’ that there [was] a chance that [the m 2006All that is necessary, where civil proceedings are involved, is that the [party filing suit] ‘reasonably believe that there is a chance that his claim may be held valid upon adjudication.’ ” Bednarz v. Bednarz, 27 Mass. App. Ct. 668, 672 (1989), quoting from Hubbard v. Beatty & Hyde, Inc., 343 Mass. at 261, 262 . | 2 | 2 |
Russell v. Gregoiregreen1 sentence1997See, e.g., Russell v. Gregoire, 124 F.3d 1079, 1093-94 (9th Cir. 1997); Doe v. Kelley, 961 F.Supp. 1105, 1112 (W.D.Mich. 1997). | 1 | 1 |
Doe v. Kelleygreen1 sentence1997See, e.g., Russell v. Gregoire, 124 F.3d 1079, 1093-94 (9th Cir. 1997); Doe v. Kelley, 961 F.Supp. 1105, 1112 (W.D.Mich. 1997). | 1 | 1 |
Higgins v. Prattgreen1 sentence1989Restatement (Second) of Torts § 675 comment e (1977). 5 Lack of probable cause “may not be inferred from the existence of malice ... or from the fact of acquittal or anything .else.” Higgins v. Pratt, 316 Mass. 700, 709 (1944). | 1 | 1 |
Miller v. Millergreen2 sentences1982Miller v. Miller, 301 Minn. 207, 225 (1974). 3 Fletcher, Cyclopedia of the Law of Private Corporations § 862.1 (rev. perm. ed. 1975). [2] It was a defense which the trial judge thought convincing: "[N]o amount of persuasion," he wrote, "could alter Dr. Jackson's resolve that the subcontractor be a minority concern." Porter was not to be asked for "performance of fiduciary duty even to the point of futility." The difficulty with the judge's reasoning is that the unalterability of Jackson's resolve can by no means be certain so long as Porter, by keeping Jackson's position and his reasons for it 1982Miller v. Miller, 301 Minn. 207, 225 (1974). 3 Fletcher, Cyclopedia of the Law of Private Corporations § 862.1 (rev. perm. ed. 1975). 2 It was a defense which the trial judge thought convincing: “[N]o amount of persuasion,” he wrote, “could alter Dr. Jackson’s resolve that the subcontractor be a minority concern.” Porter was not to be asked for “performance of fiduciary duty even to the point of futility.” The difficulty with the judge’s reasoning is that the unalter ability of Jackson’s resolve can by no means be certain so long as Porter, by keeping Jackson’s position and his reasons for it | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Albert J. Todd, as Administrator of the Estate of Baby Todd, Deceased v. Sandidge Construction Company, a Corporation
green
2 sentences1975Practically, it would mean that the graver the harm the better the chance of immunity.” Id. at 77 . 1975Practically, it would mean that the graver the harm the better the chance of immunity." Id. at 77 . | 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.