Massachusetts Appeals Court· 6/4/1986

Roche v. Roche

Citations

493 N.E.2d 523
22 Mass. App. Ct. 306

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

“A person who is not a party to the prior action but whose interest is represented by a party may have the benefit of the judgment in the prior case.”
“what the proceedings present below is a question of claim splitting resulting in claim preclusion”
“Since [defendant] played no role directly or vicariously in the [prior litigation], we are of the opinion that he is not entitled to claim a benefit from the judgment in that case.”
“There would be something anomalous about giving a defendant the benefit of claim preclusion when that defendant took steps calculated to assure the exclusion of the claim from the prior litigation”
“Implied trustees ... do not fit plausibly in a representative capacity. Theirs is not a position of fiduciary responsibility. The customarily applicable word of ‘imposing’ a constructive trust or resulting trust signals the remedial nature of the concepts.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Grant, Brown, Kass

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Cited by

18 cases in this archive cite this case.

Cites

17 cases in this archive are cited by this case.

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