13 Massachusetts opinions name it 3 courts 1973–2018 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 |
|---|---|---|
In Re the Department of Public Welfare to Dispense With Consent to Adoptiongreen2 sentences2009Welfare to Dispense with Consent to Adoption, 383 Mass. 573, 589 (1981). “[T]he critical question is whether the natural parents are currently fit to further the welfare and best interests of the child.” Bezio v. Patenaude, 381 Mass at 576. “[T]he word ‘unfit’ includes ‘the conception of being unsuitable or ill adapted to serve under the existing circumstances . . . , and this is to be adjudged with reference primarily to the welfare of the child.’ ” Hirshson v. Gormley, 323 Mass. 504, 507 (1948), quoting Cassen v. Cassen, 315 Mass. 35, 37 (1943). 1998“The term is a standard by which we measure the circumstances within the family as they affect the child’s welfare.” Ibid. | 1 | 2 |
Commonwealth v. Letkowskigreen1 sentence2016Although defense counsel raised objections to certain other portions of the prosecutor’s closing argument, he did not object to her characterization of the witnesses as “victims.” Therefore, “the proper standard of review is whether the error[ ] created a substantial risk of a miscarriage of justice.” Commonwealth v. Letkowski, 469 Mass. 603, 617 (2014). | 1 | 1 |
Ballagh v. Polk-Warren Mutual Insurance Ass'ngreen1 sentence2010Ass’h, 257 Iowa 1334, 1337 (1965), stated: “[The] American Agency System is the term applied to the principle agreed upon generally by insurance companies and independent agents relating to the ownership of expirations. | 1 | 1 |
Cassen v. Cassengreen1 sentence2009Welfare to Dispense with Consent to Adoption, 383 Mass. 573, 589 (1981). “[T]he critical question is whether the natural parents are currently fit to further the welfare and best interests of the child.” Bezio v. Patenaude, 381 Mass at 576. “[T]he word ‘unfit’ includes ‘the conception of being unsuitable or ill adapted to serve under the existing circumstances . . . , and this is to be adjudged with reference primarily to the welfare of the child.’ ” Hirshson v. Gormley, 323 Mass. 504, 507 (1948), quoting Cassen v. Cassen, 315 Mass. 35, 37 (1943). | 1 | 1 |
Hirshson v. Gormleygreen1 sentence2009Welfare to Dispense with Consent to Adoption, 383 Mass. 573, 589 (1981). “[T]he critical question is whether the natural parents are currently fit to further the welfare and best interests of the child.” Bezio v. Patenaude, 381 Mass at 576. “[T]he word ‘unfit’ includes ‘the conception of being unsuitable or ill adapted to serve under the existing circumstances . . . , and this is to be adjudged with reference primarily to the welfare of the child.’ ” Hirshson v. Gormley, 323 Mass. 504, 507 (1948), quoting Cassen v. Cassen, 315 Mass. 35, 37 (1943). | 1 | 1 |
United States v. Daniel Isaac Drakegreen1 sentence1993The defendant claims that he is entitled to a new trial because the judge, in instructing the jury on reasonable doubt, told the jury: “Reasonable doubt is . . . when ... the minds of the jurors are left in that condition that they cannot say they feel an abiding conviction to a moral certainty of the truth of the charge.” Appellate counsel argues that the use of the “moral certainty” language is error because, citing United States v. Drake, 673 F.2d 15, 21 (1st Cir. 1982), “the jury might feel justified in convicting based on a feeling rather than on the facts in the case.” The Supreme Judici | 1 | 1 |
Commonwealth v. Conceicaogreen1 sentence1993Commonwealth v. Conceicao, 388 Mass. 255, 267 (1983). | 1 | 1 |
Mease Ex Rel. Oliver v. Foxgreen2 sentences1973The case of Hinson v. Delis, 26 Cal. App. 3d 62, 71 , cited in the court’s opinion, holds only that a tenant proving that the dwelling unit which she occupied was in violation of the applicable code was entitled to a declaration that she “is obliged to make rental payments only after the defendant [landlord] complies with his duty to substantially obey the housing codes and make the premises habitable.” In the 1972 case of Mease v. Fox, 200 N. W. 2d 791, 796 (Iowa), the court said that “the implied warranty we perceive in the lease situation is a representation there neither is nor shall be du 1973The case of Hinson v. Delis, 26 Cal. App.3d 62, 71 , cited in the court's opinion, holds only that a tenant proving that the dwelling unit which she occupied was in violation of the applicable code was entitled to a declaration that she "is obliged to make rental payments only after the defendant [landlord] complies with his duty to substantially obey the housing codes and make the premises habitable." In the 1972 case of Mease v. Fox, 200 N.W.2d 791, 796 (Iowa), the court said that "the implied warranty we perceive in the lease situation is a representation there neither is nor shall be durin | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Dobbs v. North Shore Hematology-Oncology Associates, P.C.
green
2 sentences2018"When a term or clause is ambiguous, the parties may submit extrinsic evidence as an aid in construction ...." Dobbs v. North Shore Hematology-Oncology Assoc., P.C. , 106 A.D.3d 771 , 772, 965 N.Y.S.2d 520 (2013) (quotation omitted). 2018"When a term or clause is ambiguous, the parties may submit extrinsic evidence as an aid in construction ...." Dobbs v. North Shore Hematology-Oncology Assoc., P.C. , 106 A.D.3d 771 , 772, 965 N.Y.S.2d 520 (2013) (quotation omitted). | 1 | 2018–2018 |
Balles v. Babcock Power Inc.
green
2 sentences2018Balles v. Babcock Power, Inc ., 476 Mass. 565 , 571, 70 N.E.3d 905 (2017). 1. 2018Balles v. Babcock Power, Inc ., 476 Mass. 565 , 571, 70 N.E.3d 905 (2017). 1. | 1 | 2018–2018 |
Laurendeau v. Kewaunee Scientific Equipment Corp.
green
1 sentence1984Can it be said that what Lacoille then undertook by way of subsequent generative conduct was “reasonably likely to continue and ripen into future contracts?" Laurendeau v. Kewaunee Scientific Equipment, supra. In essence, that conduct consisted in the apparently casual suggestion, when queried by the brokers whether he wished to submit a new and additional offer, that the brokers simply “resubmit” the original offer. | 1 | 1984–1984 |
United States v. 449 Cases
green
1 sentence1983There is no basis to conclude that the jury’s award of damages contained compensation for the plaintiff’s being at risk with respect to epilepsy as a result of the accident. 2 An illustrative case in which the two tests would lead to different results is United States v. 449 Cases, More or Less, Containing Tomato Paste, 113 F.Supp. 114 (E.D.N.Y. 1953). 3 We find nothing to suggest that the term “newly discovered evidence” in rule 60(b) (2) was intended by the drafters of the rules to mean something different from the same term in rule 59(a) (1). | 1 | 1983–1983 |
United States v. Smith
green
1 sentence1983On the contrary, precise times, independent of the term, were prescribed.” Browder, 434 U.S. at 271 (quoting from United States v. Smith, 331 U.S. 469 , 473 n.2 [1947]). | 1 | 1983–1983 |
Browder v. Director, Dept. of Corrections of Ill.
green
1 sentence1983On the contrary, precise times, independent of the term, were prescribed.” Browder, 434 U.S. at 271 (quoting from United States v. Smith, 331 U.S. 469 , 473 n.2 [1947]). | 1 | 1983–1983 |
Commonwealth v. Tavares
green
1 sentence1983In Commonwealth v. Tavares, 385 Mass. 140, 147 (1982), we, like the Court of Appeals for the First Circuit, recently indicated that use of this term was not error. | 1 | 1983–1983 |
Richards v. Forrest
green
1 sentence1981In Richards v. Forrest, supra at 553-554 , we stated: “It is conceivable that certain parents might be fit to bring up one child and unfit to bring up another. | 1 | 1981–1981 |
Bezio v. Patenaude
green
1 sentence1981The term is a standard by which we measure the circumstances within the family as they affect the child’s welfare. “[T]he critical question is whether the natural parents are currently fit to further the welfare and best interests of the child.” Bezio v. Patenaude, supra at 576 . | 1 | 1981–1981 |
Hinson v. Delis
green
2 sentences1973The case of Hinson v. Delis, 26 Cal. App. 3d 62, 71 , cited in the court’s opinion, holds only that a tenant proving that the dwelling unit which she occupied was in violation of the applicable code was entitled to a declaration that she “is obliged to make rental payments only after the defendant [landlord] complies with his duty to substantially obey the housing codes and make the premises habitable.” In the 1972 case of Mease v. Fox, 200 N. W. 2d 791, 796 (Iowa), the court said that “the implied warranty we perceive in the lease situation is a representation there neither is nor shall be du 1973The case of Hinson v. Delis, 26 Cal. App.3d 62, 71 , cited in the court's opinion, holds only that a tenant proving that the dwelling unit which she occupied was in violation of the applicable code was entitled to a declaration that she "is obliged to make rental payments only after the defendant [landlord] complies with his duty to substantially obey the housing codes and make the premises habitable." In the 1972 case of Mease v. Fox, 200 N.W.2d 791, 796 (Iowa), the court said that "the implied warranty we perceive in the lease situation is a representation there neither is nor shall be durin | 1 | 1973–1973 |
Kline v. Burns
green
1 sentence1973The case of Hinson v. Delis, 26 Cal. App.3d 62, 71 , cited in the court's opinion, holds only that a tenant proving that the dwelling unit which she occupied was in violation of the applicable code was entitled to a declaration that she "is obliged to make rental payments only after the defendant [landlord] complies with his duty to substantially obey the housing codes and make the premises habitable." In the 1972 case of Mease v. Fox, 200 N.W.2d 791, 796 (Iowa), the court said that "the implied warranty we perceive in the lease situation is a representation there neither is nor shall be durin | 1 | 1973–1973 |
Pines v. Perssion
green
2 sentences1973The case of Hinson v. Delis, 26 Cal. App. 3d 62, 71 , cited in the court’s opinion, holds only that a tenant proving that the dwelling unit which she occupied was in violation of the applicable code was entitled to a declaration that she “is obliged to make rental payments only after the defendant [landlord] complies with his duty to substantially obey the housing codes and make the premises habitable.” In the 1972 case of Mease v. Fox, 200 N. W. 2d 791, 796 (Iowa), the court said that “the implied warranty we perceive in the lease situation is a representation there neither is nor shall be du 1973The case of Hinson v. Delis, 26 Cal. App.3d 62, 71 , cited in the court's opinion, holds only that a tenant proving that the dwelling unit which she occupied was in violation of the applicable code was entitled to a declaration that she "is obliged to make rental payments only after the defendant [landlord] complies with his duty to substantially obey the housing codes and make the premises habitable." In the 1972 case of Mease v. Fox, 200 N.W.2d 791, 796 (Iowa), the court said that "the implied warranty we perceive in the lease situation is a representation there neither is nor shall be durin | 1 | 1973–1973 |
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.