general American rule (Massachusetts) · Go Syfert
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general American rule in Massachusetts

6 Massachusetts opinions name it 3 courts 1981–2023 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 (6)

CaseFollowedCited
Aiello v. Aiellogreen
massappct · 2005 · cited in 2 Massachusetts opinions naming this issue, 2007–2023
2 sentences

2023L. c. 241, § 22, which states in relevant part: "The reasonable expenses and charges of partition proceedings, including examination of title and preparation of plan ordered by the court under section seventeen, and the fees of counsel, of the commissioners, and of all agents, guardians and other persons appointed to represent interests in accordance with section nine, shall be determined by the court, and in case of sale paid by the commissioners out of the proceeds. . . ." This statute "furnishes an exception to the general American rule that each party to litigation is responsible for its o

2007L. c. 241, § 22, is to apportion the expenses incurred to achieve the common benefit from partition of shared property among the parties receiving that benefit.” Aiello v. Aiello, 63 Mass. App. Ct. 914, 915-916 (2005).

22
Copeland v. Martinezgreen
cadc · 1979 · cited in 2 Massachusetts opinions naming this issue, 1981–1989
2 sentences

1989See Hall v. Cole, 412 U.S. 1, 5 (1973); Hutto v. Finney, 437 U.S. 678 , 689 & n. 14 (1978); Copeland v. Martinez, 603 F. 2d 981, 991-992 (D.C.

1981See Hall v. Cole, 412 U.S. 1, 5 (1973); Hutto v. Finney, 437 U.S. 678 , 689 & n.14 (1978); Copeland v. Martinez, 603 F.2d 981, 991-992 (D.C.

22
Hall v. Colegreen
scotus · 1973 · cited in 2 Massachusetts opinions naming this issue, 1981–1989
2 sentences

1989See Hall v. Cole, 412 U.S. 1, 5 (1973); Hutto v. Finney, 437 U.S. 678 , 689 & n. 14 (1978); Copeland v. Martinez, 603 F. 2d 981, 991-992 (D.C.

1981See Hall v. Cole, 412 U.S. 1, 5 (1973); Hutto v. Finney, 437 U.S. 678 , 689 & n.14 (1978); Copeland v. Martinez, 603 F.2d 981, 991-992 (D.C.

22
Gonzalez v. Pierce-Williamsgreen
massappct · 2007 · cited in 1 Massachusetts opinions naming this issue, 2023–2023
1 sentence

2023See Gonzalez, 68 Mass. App. Ct. at 788-789 .

11
Rae v. Air-Speed, Inc.green
mass · 1982 · cited in 1 Massachusetts opinions naming this issue, 2000–2000
1 sentence

2000Creditor beneficiaries are those defined in RESTATEMENT (SECOND) OF CONTRACTS §302 (1981). 6 Rae v. Air-Speed, Inc., 386 Mass. 187, 195 (1982).

11
United States v. Graysongreen
scotus · 1978 · cited in 1 Massachusetts opinions naming this issue, 1981–1981
1 sentence

1981Moreover, “[t]here is no protected right to commit perjury,” United States v. Grayson, 438 U.S. 41, 54 (1978), and a showing of bad faith gives rise to one of the traditional exceptions to the general American rule that counsel fees are not part of the costs awarded to a successful litigant.

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 (4)

CaseCitedYears
Hutto v. Finney green
scotus · 1979
2 sentences

1989See Hall v. Cole, 412 U.S. 1, 5 (1973); Hutto v. Finney, 437 U.S. 678 , 689 & n. 14 (1978); Copeland v. Martinez, 603 F. 2d 981, 991-992 (D.C.

1981See Hall v. Cole, 412 U.S. 1, 5 (1973); Hutto v. Finney, 437 U.S. 678 , 689 & n.14 (1978); Copeland v. Martinez, 603 F.2d 981, 991-992 (D.C.

21981–1989
Choate, Hall & Stewart v. SCA Services, Inc. green
mass · 1979
2 sentences

2000However, in its 1979 decision in Cho ate, Hall & Stewart v. SCA Services, Inc., 378 Mass. 535 (1979), the Supreme Judicial Court abandoned prior law and adopted the general American rule that “‘creditor’ beneficiaries may sue on contracts to which they were not parties.” Id. at 543 .

2000However, in its 1979 decision in Cho ate, Hall & Stewart v. SCA Services, Inc., 378 Mass. 535 (1979), the Supreme Judicial Court abandoned prior law and adopted the general American rule that “‘creditor’ beneficiaries may sue on contracts to which they were not parties.” Id. at 543 .

12000–2000
Miaskiewicz v. LeTourneau green
massappct · 1981
1 sentence

1989Later, in Miaskiewicz v. LeTourneau, 12 Mass. App. Ct. 880 (1981), the Appeals Court stated: ... [A] showing of bad faith gives rise to one of the traditional exceptions to the general American rule that counsel fees are not part of the costs awarded to a successful litigant.

11989–1989
Alyeska Pipeline Service Co. v. Wilderness Society red
scotus · 1975
1 sentence

1982Alyeska Pipeline Service Co. v. Wilderness Society, 421 U.S. 240 (1975).

11982–1982

Statutes the citing opinions construe

MA § Mass. Gen. Laws ch. 231, § 6F (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

IL 14 (1947–2021) MI 12 (1879–2024) CA 10 (1977–2025) AZ 8 (1965–2026) TX 8 (1888–1959) OH 7 (1945–2002) NJ 6 (1898–2009) MA 6 (1981–2023) AL 5 (1990–2008) IN 3 (1885–1968) UT 3 (1980–2016) NH 2 (1981–1985) NC 2 (1961–2012) GA 2 (1907–1914) WI 2 (1963–1995) KS 2 (1990–2004) CO 2 (1907–1914) MO 2 (1956–1967) LA 2 (1971–1996) HI 2 (1974–2013)

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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