Sullivan rule (Massachusetts) · Go Syfert
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Sullivan rule in Massachusetts

7 Massachusetts opinions name it 3 courts 1971–2008 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.

Followed or applied (8)

CaseFollowedCited
Commonwealth v. Clint C.green
mass · 1999 · cited in 1 Massachusetts opinions naming this issue, 2008–2008
1 sentence

2008Commonwealth v. Kenney, 449 Mass. at 851 ; Commonwealth v. Clint C., 430 Mass. 219, 226 (1999).

11
Sullivan v. Raytheon Companygreen
ca1 · 2001 · cited in 1 Massachusetts opinions naming this issue, 2005–2005
1 sentence

2005See Sullivan, 262 F.3d at 48, citing Lehman v. Prudential Ins.

11
Bongaards v. Millengreen
massappct · 2002 · cited in 1 Massachusetts opinions naming this issue, 2003–2003
2 sentences

2003See Bongaards v. Millen, supra at 57 & n.14.

2003See Bongaards v. Millen, supra at 57 & n.14.

11
Sullivan v. Burkingreen
mass · 1984 · cited in 1 Massachusetts opinions naming this issue, 2003–2003
1 sentence

2003Sullivan, supra at 867 (rule applies to assets in trust created by spouse “as to which the deceased spouse alone retained the power during his or her life to direct the disposition of those trust assets for his or her benefit, as, for example, by the exercise of a power of appointment or by revocation of the trust”).

11
Sullivan v. Town of Brooklinegreen
mass · 1994 · cited in 1 Massachusetts opinions naming this issue, 1995–1995
2 sentences

1995See Sullivan , note 2.

1995See Sullivan , note 2.

11
Stone v. Essex County Newspapers, Inc.green
mass · 1975 · cited in 1 Massachusetts opinions naming this issue, 1985–1985
1 sentence

1985In defamation cases governed by the New York Times Co. v. Sullivan standard, we are under a constitutional obligation to determine “whether the jury would be warranted in concluding that malice was proved by clear and convincing evidence.” Stone v. Essex County Newspapers, Inc., 367 Mass. 849, 870 (1975).

11
PAUL SARDELLA CONSTR. v. Braintree Hous. Auth.green
massappct · 1975 · cited in 1 Massachusetts opinions naming this issue, 1978–1978
1 sentence

1978Co. v. Braintree Housing Authy., 3 Mass. App. Ct. at 333-334, because the trial judge specifically found that Sullivan’s objection to Hope "was not in good faith, ... but was a stubborn insistence, in the first instance, on using its own people, or somewhat vindictively, when not allowed to so do, to select the highest of all the metal window subbidders.”* *** 8 Therefore, in light of the facts that (1) the defendant is a private contractor rather than a public agency, (2) the plaintiff would have received the contract 9 but for the bad faith objection of the defendant, and (3) there is a need

11
Hubrite Informal Frocks, Inc. v. Kramergreen
mass · 1937 · cited in 1 Massachusetts opinions naming this issue, 1971–1971
1 sentence

1971See Hubrite Informal Frocks, Inc. v. Kramer, 297 Mass. 530, 533-535 .

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 (3)

CaseCitedYears
Commonwealth v. Kenney green
mass · 2007
1 sentence

2008Commonwealth v. Kenney, 449 Mass. at 851 ; Commonwealth v. Clint C., 430 Mass. 219, 226 (1999).

12008–2008
Kerwin v. Donaghy green
mass · 1945
2 sentences

2003A more expansive rationale for reaching the result urged by the plaintiff has been advanced by the amicus, the Women’s Bar Association of Massachusetts. 6 That rationale, although echoing some of the Sullivan court’s reasons for overruling Kerwin v. Donaghy, supra, should not be extended in the far-reaching and literal manner now suggested.

2003A more expansive rationale for reaching the result urged by the plaintiff has been advanced by the amicus, the Women’s Bar Association of Massachusetts. 6 That rationale, although echoing some of the Sullivan court’s reasons for overruling Kerwin v. Donaghy, supra, should not be extended in the far-reaching and literal manner now suggested.

12003–2003
Bose Corp. v. Consumers Union of United States, Inc. green
scotus · 1984
1 sentence

1985On appeal “those portions of the record which relate to the actual-malice determination must be independently assessed.” Bose Corp. v. Consumers Union of U.S., Inc., 466 U.S. 485 , 514 n.31 (1984).

11985–1985

Where else courts name it

WI 87 (1998–2026) CA 25 (1971–2025) LA 23 (1984–2019) TX 19 (1982–2026) IN 15 (1981–2020) WA 11 (1988–2021) NY 10 (1966–2026) PA 9 (1984–2020) NC 8 (1983–2025) MS 7 (1984–2026) GA 7 (1991–2026) MA 7 (1971–2008) MI 6 (1985–2020) AL 6 (1979–2006) ME 6 (1993–2019) CT 6 (1994–2022) OH 5 (1984–2017) MD 5 (1987–2020) IL 5 (1981–2025) FL 5 (1968–2007) SC 5 (1967–2018) DC 5 (1994–2019) CO 5 (2015–2019) TN 4 (2007–2024) UT 4 (1987–2022) KS 4 (2004–2013) IA 3 (2002–2022) ID 3 (1995–2014) DE 3 (1968–2021) VA 3 (2012–2025) KY 2 (1981–2017) SD 2 (1985–2003) WV 2 (1986–2022) AR 2 (2004–2026) MO 2 (1972–1980) AK 2 (1966–1985) NV 2 (1975–2013)

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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