case presents exception (Massachusetts) · Go Syfert
← Massachusetts issues

case presents exception in Massachusetts

5 Massachusetts opinions name it 3 courts 2005–2023 1 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
Harvard Square Defense Fund, Inc. v. Planning Boardgreen
massappct · 1989 · cited in 1 Massachusetts opinions naming this issue, 2023–2023
1 sentence

2023Defense Fund, Inc., 27 Mass. App. Ct. at 493 ("[M]atters, essentially involving the expression of aesthetic views and speculative opinions, do not establish a plausible claim of a definite violation of a private right, property interest, or legal interest sufficient to bring . . . plaintiffs within the zone of standing"), and while we acknowledge that the town bylaws call for the board to consider the "[c]ompatibility of the proposed use with surrounding land uses, so as to minimize harmful impact or conflict with existing desirable neighborhood character, including . . . aesthetic values" whe

11
Todino v. Town of Wellfleetgreen
mass · 2007 · cited in 1 Massachusetts opinions naming this issue, 2015–2015
2 sentences

2015In Todino v. Wellfleet, 448 Mass. 234, 238 (2007) (Todino), the court generally observed that "[m]unicipal liability implicates the doctrine of sovereign immunity, which protects the public treasury from unanticipated money judgments.

2015In Todino v. Wellfleet, 448 Mass. 234, 238 (2007) (Todino), the court generally observed that “[m]unicipal liability implicates the doctrine of sovereign immunity, which protects the public treasury from unanticipated money judgments.

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 (3)

CaseCitedYears
PLIVA, Inc. v. Mensing green
scotus · 2011
2 sentences

2018Because the Hatch-Waxman amendments to the act require that the warning label of a generic drug be identical to the warning label of its brand-name counterpart, and because the United States Supreme Court in PLIVA , 564 U.S. at 614 -615 , 131 S.Ct. 2567 , interpreted the resulting regulatory scheme to forbid a generic drug manufacturer from independently revising its warning labels, duty to warn claims involving generic drugs are potentially viable as general negligence claims, although not as products liability claims.

2018Because the Hatch-Waxman amendments to the act require that the warning label of a generic drug be identical to the warning label of its brand-name counterpart, and because the United States Supreme Court in PLIVA , 564 U.S. at 614 -615 , 131 S.Ct. 2567 , interpreted the resulting regulatory scheme to forbid a generic drug manufacturer from independently revising its warning labels, duty to warn claims involving generic drugs are potentially viable as general negligence claims, although not as products liability claims.

12018–2018
Beard v. Town of Salisbury green
mass · 1979
1 sentence

2006The case relied upon by the defendants, Beard v. Town of Salisbury, 378 Mass. 435 (1976), provides support for their claim that such a prohibition of earth removal from the town is in excess of municipal authority, irrespective of whether the by-law was within its general by-laws or its zoning by-laws.

12006–2006
Johnson v. Keith green
mass · 1975
1 sentence

2005Indeed, this case presents factors similar to those circumstances addressed in Johnson v. Keith, supra, in that this court is satisfied that the intent involved in the treatment of 244 Liberty Street Condominium’s common parking areas was not that such common areas and facilities be governed by By-laws.

12005–2005

Where else courts name it

CA 28 (1928–2022) NY 25 (1901–2024) IL 18 (1976–2025) OR 10 (1970–2013) TX 10 (1990–2019) PA 5 (1977–2024) MA 5 (2005–2023) KS 4 (1874–2017) LA 4 (1954–2007) FL 4 (1984–2013) NM 4 (2009–2023) AZ 3 (1928–2019) AR 3 (1992–2016) OH 3 (1971–2024) OK 3 (1911–1916) KY 3 (2013–2023) SC 3 (1941–1998) UT 3 (1896–2007) TN 2 (1978–2016) GA 2 (1941–2001) MT 2 (1945–2021) CO 2 (1917–1933) CT 2 (2003–2005) MI 2 (1992–2020) WV 2 (2003–2009) IA 2 (1896–2013) MD 2 (2010–2011)

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.

← Caselaw search · G Cite Topics · Brief Check