nonexclusive factors (Massachusetts) · Go Syfert
← Massachusetts issues

nonexclusive factors in Massachusetts

6 Massachusetts opinions name it 3 courts 2009–2025 5 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 (2)

CaseFollowedCited
Metropolitan Property & Casualty Insurance v. Morelgreen
massappct · 2004 · cited in 2 Massachusetts opinions naming this issue, 2009–2025
2 sentences

2025LEXIS 811 , *3 - 4 (2011) (citing Vaiarella, 409 Mass. at 527 – 529); see also Morel, 60 Mass. App. Ct. at 383 (observing that, “[a]mong the nonexclusive factors mentioned in Vaiarella are whether the putative member of the household has an established connection to it; whether he receives mail at that address; whether he keeps possessions there; and whether his relationship to other household members involves financial support.”).

2009Id.

12
Iamele v. Asselingreen
mass · 2005 · cited in 1 Massachusetts opinions naming this issue, 2023–2023
1 sentence

2023"Among the nonexclusive factors the judge should consider are 'the defendant's violations of protective orders, ongoing child custody or other litigation that engenders or is likely to engender hostility, [and] the parties' demeanor in court.'" Id., quoting Iamele v. Asselin, 444 Mass. 734, 740 (2005).

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 (7)

CaseCitedYears
Vaiarella v. Hanover Insurance green
mass · 1991
1 sentence

2025LEXIS 811 , *3 - 4 (2011) (citing Vaiarella, 409 Mass. at 527 – 529); see also Morel, 60 Mass. App. Ct. at 383 (observing that, “[a]mong the nonexclusive factors mentioned in Vaiarella are whether the putative member of the household has an established connection to it; whether he receives mail at that address; whether he keeps possessions there; and whether his relationship to other household members involves financial support.”).

12025–2025
Chambers v. RDI Logistics, Inc. green
mass · 2016
1 sentence

2024Chambers includes a brief discussion of such factors; for example, Chambers spoke approvingly of the fact finder's being able to consider whether "the services of the alleged independent contractor are not actually available to entities beyond the contracting entity, even if they purport to be so." Chambers, 476 Mass. at 109 .

12024–2024
Callahan v. Callahan green
massappct · 2014
1 sentence

2023"Among the nonexclusive factors the judge should consider are 'the defendant's violations of protective orders, ongoing child custody or other litigation that engenders or is likely to engender hostility, [and] the parties' demeanor in court.'" Id., quoting Iamele v. Asselin, 444 Mass. 734, 740 (2005).

12023–2023
Blanchard v. Steward Carney Hospital, Inc. green
mass · 2019
1 sentence

2022In a comprehensive memorandum and order, the judge applied the augmented framework Page 645 delineated in Blanchard I, 477 Mass. at 159-161, and the nonexclusive factors enumerated in Blanchard II, 483 Mass. at 206-207 .

12022–2022
Commonwealth v. Pina green
mass · 1990
1 sentence

2021Although this settles whether a search occurred in this case, we nonetheless discuss whether there is an objectively reasonable expectation of privacy in an ICU room.7 When determining whether society is willing to recognize an expectation of privacy as reasonable, we consider the following nonexclusive factors: (1) the nature of the place searched, (2) whether the defendant owned the place searched, (3) whether the defendant controlled access to the place searched, (4) whether the defendant owned the item seized or inspected, and (5) 6 Because no search in the constitutional sense occurred, w

12021–2021
Lepiscopo v. Hopwood green
scotus · 1990
1 sentence

2021Although this settles whether a search occurred in this case, we nonetheless discuss whether there is an objectively reasonable expectation of privacy in an ICU room.7 When determining whether society is willing to recognize an expectation of privacy as reasonable, we consider the following nonexclusive factors: (1) the nature of the place searched, (2) whether the defendant owned the place searched, (3) whether the defendant controlled access to the place searched, (4) whether the defendant owned the item seized or inspected, and (5) 6 Because no search in the constitutional sense occurred, w

12021–2021
Commonwealth v. PORTER P. green
mass · 2010
1 sentence

2021Although this settles whether a search occurred in this case, we nonetheless discuss whether there is an objectively reasonable expectation of privacy in an ICU room.7 When determining whether society is willing to recognize an expectation of privacy as reasonable, we consider the following nonexclusive factors: (1) the nature of the place searched, (2) whether the defendant owned the place searched, (3) whether the defendant controlled access to the place searched, (4) whether the defendant owned the item seized or inspected, and (5) 6 Because no search in the constitutional sense occurred, w

12021–2021

Where else courts name it

TX 464 (1986–2026) WA 51 (1986–2025) KS 26 (2005–2026) OR 26 (1998–2026) MI 24 (1987–2025) IA 17 (1996–2026) TN 16 (2005–2026) CA 15 (1998–2026) IL 11 (2004–2024) ND 10 (2001–2016) LA 10 (1989–2017) CO 8 (2015–2025) MO 8 (2007–2024) UT 7 (2005–2017) MA 6 (2009–2025) VT 4 (2000–2026) MN 4 (2003–2010) WI 3 (2002–2026) MT 3 (1994–2014) PA 3 (2017–2023) CT 3 (2015–2022) NC 2 (2001–2003) NE 2 (2018–2023) IN 2 (2002–2018) SD 2 (1999–2018)

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.

← Caselaw search · G Cite Topics · Brief Check