Boston motion (Massachusetts) · Go Syfert
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Boston motion in Massachusetts

5 Massachusetts opinions name it 3 courts 2001–2022 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
Cimino v. Milford Keg, Inc.green
mass · 1982 · cited in 1 Massachusetts opinions naming this issue, 2022–2022
1 sentence

2022See Cimino, 385 Mass. at 328 (patron's "loud and vulgar conduct" and defendant's service to him of large number of alcoholic drinks were "each sufficient to put the defendant on notice that it was serving a man who could potentially endanger others").

11
Brocklesby v. City of Newtongreen
mass · 1936 · cited in 1 Massachusetts opinions naming this issue, 2009–2009
1 sentence

2009See, e.g., Brocklesby v. City of Newton, 294 Mass. 41, 42 (1936) (plaintiff did not need to prove statutory notice when trial judge was justified in concluding, from colloquies with counsel and the court in open court, that the City of Newton “admitted that a sufficient notice had been given and that there was no question of notice in the case.”) See, e.g.

11
Massachusetts Highway Department v. American Federation of State, Council 93green
mass · 1995 · cited in 1 Massachusetts opinions naming this issue, 2008–2008
1 sentence

2008See Boston, 443 Mass. at 823 (“The public policy against requiring the reinstatement of police officers who have committed felonious misconduct stems from the necessity that the criminal justice system appear legitimate to the people it serves”); Cf. Massachusetts Highway Dep’t, 420 Mass. at 18 (“Arbitration awards reinstating discharged employees also are vacated if the award violates a public policy which relates to the employee’s job and which exists because the job itself makes the employee’s conduct an immediate threat to the general public”). 9 ORDER For the above discussed reasons, it i

11
City of Boston v. Boston Police Patrolmen's Ass'ngreen
mass · 2005 · cited in 1 Massachusetts opinions naming this issue, 2008–2008
1 sentence

2008See Boston, 443 Mass. at 823 (“The public policy against requiring the reinstatement of police officers who have committed felonious misconduct stems from the necessity that the criminal justice system appear legitimate to the people it serves”); Cf. Massachusetts Highway Dep’t, 420 Mass. at 18 (“Arbitration awards reinstating discharged employees also are vacated if the award violates a public policy which relates to the employee’s job and which exists because the job itself makes the employee’s conduct an immediate threat to the general public”). 9 ORDER For the above discussed reasons, it i

11
United States v. Millergreen
scotus · 1943 · cited in 1 Massachusetts opinions naming this issue, 2001–2001
1 sentence

2001The Supreme Court defined the scope of the project rule in United States v. Miller, 317 U.S. 369, 379 (1943): If [the subject lands] were within the area where they were likely to be taken for the project, but might not be, the owners were not entitled, if they were ultimately taken, to an increment of value calculated on the theory that if they had not been taken they would have been more valuable by reason of their proximity to the land taken.

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 (1)

CaseCitedYears
Commerce Insurance v. Ultimate Livery Service, Inc. green
mass · 2008
1 sentence

2021The negligence of the van driver in Commerce Insurance consisted of transporting five bachelor-partying men round-trip from a Boston bar to a Rhode Island strip club, additionally stopping for mid-trip liquor purchases at a package store, and then permitting this group of clearly intoxicated passengers to continue consuming large amounts of alcohol while en route. 452 Mass. at 643-44 .

12021–2021

Where else courts name it

OH 6 (2015–2025) MA 5 (2001–2022) NY 3 (1908–2020) IL 2 (2021–2021) FL 2 (2019–2021)

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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