three elements claim (Massachusetts) · Go Syfert
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three elements claim in Massachusetts

6 Massachusetts opinions name it 2 courts 2004–2025 2 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 (5)

CaseFollowedCited
Phillips Exeter Academy v. Howard Phillips Fund, Inc.green
ca1 · 1999 · cited in 3 Massachusetts opinions naming this issue, 2015–2023
2 sentences

2023"An affirmative finding on each of the three elements of the test is required to support a finding of specific jurisdiction." Id.

2015“An affirmative finding on each of the three elements of the test is required ...” Phillips Exeter Academy v. Howard Phillips Fund, Inc., 196 F.3d 284, 288 (1st Cir. 1999). a.

23
Kobrin v. Board of Registration in Medicinegreen
mass · 2005 · cited in 2 Massachusetts opinions naming this issue, 2013–2025
2 sentences

2025Id. at 843-844 . 7 Here, the Bankerts were barred from litigating Deutsche Bank's right to foreclose under the doctrine of claim preclusion, as each of the three elements of claim preclusion was satisfied in this case.

2013See Kobrin v. Board of Registration in Med., 444 Mass. 837, 843 (2005) (same elements apply under Massachusetts law).

12
Hatch v. Trail King Industries, Inc.green
ca1 · 2012 · cited in 1 Massachusetts opinions naming this issue, 2013–2013
1 sentence

2013See Allen v. McCurry, supra. 2 Under Federal law, the three elements of claim preclusion are “(1) a final judgment on the merits in an earlier proceeding, (2) sufficient identically between the causes of action asserted in the earlier and later suits, and (3) sufficient identicality between the parties in the two actions.” Hatch v. Trail King Indus., Inc., 699 F.3d 38, 45 (1st Cir. 2012).

11
Allen v. McCurrygreen
scotus · 1980 · cited in 1 Massachusetts opinions naming this issue, 2013–2013
1 sentence

2013See Allen v. McCurry, supra. 2 Under Federal law, the three elements of claim preclusion are “(1) a final judgment on the merits in an earlier proceeding, (2) sufficient identically between the causes of action asserted in the earlier and later suits, and (3) sufficient identicality between the parties in the two actions.” Hatch v. Trail King Indus., Inc., 699 F.3d 38, 45 (1st Cir. 2012).

11
DaLuz v. Department of Correctiongreen
mass · 2001 · cited in 1 Massachusetts opinions naming this issue, 2004–2004
1 sentence

2004Both Beals and Commercial correctly make their arguments in terms of “claim preclusion.” As the party moving for summary judgment, Commercial had the burden of establishing the three elements of claim preclusion as set out in DaLuz v. Department of Correction, 434 Mass. 40, 44-45 (2001): “ ‘ “When arbitration affords opportunity for presentation of evidence and argument substantially similar in form and scope to judicial proceedings, the award should have the same effect on issues necessarily determined as a judgment has.” Bailey v. Metropolitan Property & Liab.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Where else courts name it

CA 12 (2009–2025) MA 6 (2004–2025) PA 6 (1992–2026) NJ 6 (2017–2026) IL 5 (2014–2024) WY 5 (2004–2023) NY 4 (1898–2017) WI 4 (1987–2019) ME 3 (2001–2015) OK 3 (2013–2014) AK 3 (1998–2007) WA 3 (1973–1997) OH 3 (2006–2010) OR 3 (2003–2021) TX 3 (2000–2025) CO 2 (2005–2005) CT 2 (1988–2015) KY 2 (2013–2021) NM 2 (1986–1998) NE 2 (1993–2025) ID 2 (2002–2011)

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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