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5 Massachusetts opinions name it 2 courts 1993–2008 0 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.
| Case | Followed | Cited |
|---|---|---|
Irwin v. Town of Waregreen2 sentences2008The special relationship test is explained in Irwin v. Ware, 392 Mass. 745, 756 (1984). 1993Three members of this court have urged that Irwin, supra, and A.L. v. Commonwealth, 402 Mass. 234 (1988), be overruled, and that the public duty rule, together with the special relationship exception, be more forcefully embraced. | 1 | 3 |
Joseph Walton, as Next Friend of Christopher Walton, a Minor v. Alma Alexander, Alma Alexandergreen1 sentence1999See, e.g., Walton v. Alexander, 20 F.3d 1350, 1355 (5th Cir. 1994), 44 F.3d 1297 (5th Cir. 1995) (special relationship may exist with respect to “other categories of persons in custody by means of ‘similar restraints of personal liberty,’ ” including handicapped students in custody of residential special education school twenty-four hours a day who are “not free to leave” school premises); Middle Bucks Area Vocational Tech. | 1 | 1 |
Joseph Walton, as Next Friend of Christopher Walton, a Minor v. Alma Alexander, Alma Alexandergreen1 sentence1999See, e.g., Walton v. Alexander, 20 F.3d 1350, 1355 (5th Cir. 1994), 44 F.3d 1297 (5th Cir. 1995) (special relationship may exist with respect to “other categories of persons in custody by means of ‘similar restraints of personal liberty,’ ” including handicapped students in custody of residential special education school twenty-four hours a day who are “not free to leave” school premises); Middle Bucks Area Vocational Tech. | 1 | 1 |
Carleton v. Town of Framinghamgreen2 sentences1994See Carleton v. Framingham, 34 Mass. App. Ct. 686, 690 (1993). 1994See Carleton v. Framingham, 34 Mass. App. Ct. 686, 690 (1993). | 1 | 1 |
Cyran v. Town of Waregreen2 sentences1993See Cyran v. Ware, 413 Mass. 452, 467 (1992) (O’Connor, J., concurring, with whom Nolan and Lynch, JJ., joined). 1993See Cyran v. Ware, 413 Mass. 452, 467 (1992) (O'Connor, J., concurring, with whom Nolan and Lynch, JJ., joined). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
A.L. v. Commonwealth
green
2 sentences1993Three members of this court have urged that Irwin, supra, and A.L. v. Commonwealth, 402 Mass. 234 (1988), be overruled, and that the public duty rule, together with the special relationship exception, be more forcefully embraced. 1993Because the officers should have known of the harm they would unleash by allowing the intoxicated driver to continue on his way, and were in a unique position to prevent that harm, we held that they had a duty to any foreseeable victim of that harm. [7] Three members of this court have urged that Irwin, supra, and A.L. v. Commonwealth, 402 Mass. 234 (1988), be overruled, and that the public duty rule, together with the special relationship exception, be more forcefully embraced. | 1 | 1993–1993 |
Onofrio v. Department of Mental Health
green
2 sentences1993In Onofrio v. Department of Mental Health, 408 Mass. 605 (1990) , and Mamulski v. Easthampton, 410 Mass. 28 (1991) , we declined to apply the public duty rule to the facts of those cases, despite the fact that the lower courts and the litigants in both cases had treated the cases as public duty cases. 1993In Onofrio v. Department of Mental Health, 408 Mass. 605 (1990), and Mamulski v. Easthampton, 410 Mass. 28 (1991), we declined to apply the public duty rule to the facts of those cases, despite the fact that the lower courts and the litigants in both cases had treated the cases as public duty cases. | 1 | 1993–1993 |
Mamulski v. Town of Easthampton
green
2 sentences1993In Onofrio v. Department of Mental Health, 408 Mass. 605 (1990) , and Mamulski v. Easthampton, 410 Mass. 28 (1991) , we declined to apply the public duty rule to the facts of those cases, despite the fact that the lower courts and the litigants in both cases had treated the cases as public duty cases. 1993In Onofrio v. Department of Mental Health, 408 Mass. 605 (1990), and Mamulski v. Easthampton, 410 Mass. 28 (1991), we declined to apply the public duty rule to the facts of those cases, despite the fact that the lower courts and the litigants in both cases had treated the cases as public duty cases. | 1 | 1993–1993 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.