7 Massachusetts opinions name it 4 courts 2000–2021 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.
| Case | Followed | Cited |
|---|---|---|
Foley v. Polaroid Corp.green1 sentence2021When the Supreme Judicial Court first allowed claims “of liability for outrageous conduct causing severe emotional distress, even without manifestation of bodily harm . . . [the Court] warned in Agis . . . that ‘the door to recovery should be opened but narrowly and with due caution.’” Foley v. Polaroid Corp., 400 Mass. 82, 99 (1987) (internal citation omitted), quoting Agis, 371 Mass. at 144 . | 1 | 1 |
Commonwealth v. Powellgreen1 sentence2011The test is an objective one, and asks whether there is “[1] an actual or constructive seizure or detention of the person, [2] performed with the intention to effect an arrest and [3] so understood by the person detained.” Commonwealth v. Powell, 459 Mass. 572, 580 (2011), quoting Commonwealth v. Grandison, 433 Mass. 135, 145 (2001). 3 Under the second element of the test, an officer’s subjective intention to arrest is only a factor; it is not dispositive. | 1 | 1 |
Commonwealth v. Grandisongreen1 sentence2011The test is an objective one, and asks whether there is “[1] an actual or constructive seizure or detention of the person, [2] performed with the intention to effect an arrest and [3] so understood by the person detained.” Commonwealth v. Powell, 459 Mass. 572, 580 (2011), quoting Commonwealth v. Grandison, 433 Mass. 135, 145 (2001). 3 Under the second element of the test, an officer’s subjective intention to arrest is only a factor; it is not dispositive. | 1 | 1 |
United States v. $23,000 in United States Currencygreen1 sentence2010Riehle v. Margolies, 279 U.S. 218, 225 (1929); United States v. $23,000 in United States Currency, 356 F.3d 157, 163 (1st Cir. 2004). 4 The record does not, however, support Garabedian’s argument that the second element of claim preclusion, identity of the cause of action, was satisfied in this case. | 1 | 1 |
Baby Furniture Warehouse Store, Inc. v. Meubles D&F Ltéegreen1 sentence2010Claims are the same for res judicata purposes only when they “derive from the ‘same transaction or series of connected transactions.’” Baby Furniture Warehouse, supra at 34, quoting Saint Louis v. Baystate Med. | 1 | 1 |
Riehle v. Margoliesgreen1 sentence2010Riehle v. Margolies, 279 U.S. 218, 225 (1929); United States v. $23,000 in United States Currency, 356 F.3d 157, 163 (1st Cir. 2004). 4 The record does not, however, support Garabedian’s argument that the second element of claim preclusion, identity of the cause of action, was satisfied in this case. | 1 | 1 |
Long v. Wickettgreen1 sentence2007Here, the second element of claim preclusion is missing because Old Wharfs claim is different from the plaintiffs’ claim in the original Curtis v. Cummings litigation. 5 See Long v. Wickett, 50 Mass.App.Ct. 380, 392 (2000) (defining claim as assertion of single legal right). | 1 | 1 |
Robertson v. Gaston Snow & Ely Bartlettgreen1 sentence2000Robertson v. Gaston Snow & Ely Bartlett, 404 Mass. 515, 523 (1989); Saxon Theatre Corp. of Boston v. Sage, 347 Mass. 662, 666-667 (1964). | 1 | 1 |
Saxon Theatre Corp. of Boston v. Sagegreen1 sentence2000Robertson v. Gaston Snow & Ely Bartlett, 404 Mass. 515, 523 (1989); Saxon Theatre Corp. of Boston v. Sage, 347 Mass. 662, 666-667 (1964). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Agis v. Howard Johnson Co.
green
1 sentence2021When the Supreme Judicial Court first allowed claims “of liability for outrageous conduct causing severe emotional distress, even without manifestation of bodily harm . . . [the Court] warned in Agis . . . that ‘the door to recovery should be opened but narrowly and with due caution.’” Foley v. Polaroid Corp., 400 Mass. 82, 99 (1987) (internal citation omitted), quoting Agis, 371 Mass. at 144 . | 1 | 2021–2021 |
Alford v. Thibault
green
1 sentence2014Regarding the second element of the claim, ”a transfer is fraudulent if a debtor makes a transfer . . . with actual intent to hinder, delay, or defraud any creditor of the debtor." Alford, 83 Mass.App.Ct. at 827 , quoting G.L.c. 109A, §5(a)(l). | 1 | 2014–2014 |
Kaufman v. Cohen
green
1 sentence2007Ibid. | 1 | 2007–2007 |
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.