Legal Opinion
Smith v. Suburban Restaurants, Inc.
Massachusetts Supreme Judicial Court
Decided March 3, 1978PublishedCited by 49 opinions
1Opinion of the CourtWilkins, J.
The plaintiff in this action for libel appeals from the allowance of the defendant’s motion for summary judgment. The only facts properly considered as established on this motion for summary judgment are those admitted in the defendant’s answer and those set forth in the only affidavit filed, that of the defendant’s treasurer. Mass. R. Civ. P. 56 (c), (e), 365 Mass. 824 (1974). See Community Natl Bank v. Dawes, 369 Mass. 550, 553 (1976). We agree with the judge that these facts do not support the defendant’s claim of a privilege, but we disagree with his conclusion that the letter sent by the…
2Cases cited13 opinions
- Community National Bank v. DawesMassachusetts Supreme Judicial Court · 1976
- CRIBERG v. RaymondMassachusetts Supreme Judicial Court · 1976
- Commissioner of Corporations & Taxation v. ClubMassachusetts Supreme Judicial Court · 1945
- Sharratt v. Housing Innovations, Inc.Massachusetts Supreme Judicial Court · 1974
- Muchnick v. Post Publishing Co.Massachusetts Supreme Judicial Court · 1955
8 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Massachusetts School of Law at Andover, Inc. v. American Bar Ass'nCourt of Appeals for the First Circuit · 1998
- Noonan v. Staples, Inc.Court of Appeals for the First Circuit · 2009
- Alexis v. McDonald's Restaurants of Massachusetts, Inc.Court of Appeals for the First Circuit · 1995
- Cuddyer v. Stop & Shop Supermarket Co.Massachusetts Supreme Judicial Court · 2001
- King v. Globe Newspaper Co.Massachusetts Supreme Judicial Court · 1987
44 more not listed; retrieve them via the Exa API.