8 Massachusetts opinions name it 3 courts 1982–2025 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.
| Case | Followed | Cited |
|---|---|---|
LaLonde v. Eissnergreen1 sentence2024Section § 10 (j) (3) states that § 10 (j) immunity does not apply to "any claim based on negligent maintenance of public property." It is true that 7 Based on our review of the "Joint Statement of Material Facts" submitted below, these facts are undisputed. 8 The motion judge determined that "[w]ere the Sternbergs' claims based solely on the [c]ity's failure to prevent the sewage backup by failing to undertake some affirmative course of action, they would be barred [by § 10 (j)], as the 'original cause' of the backup was the buildup of heavy rags and debris in the sewer, which the [c]ity was n | 1 | 1 |
Commonwealth v. Clarkegreen1 sentence2016Commonwealth v. Hickey, 429 Mass. 1027 (1999). 4 The only evidence introduced at the hearing was the police report (included in the record on appeal) related to the execution of the search warrant in the present drug case. 5 In Scott , the court enumerated factors that may be relevant to a showing under the second prong, but made clear that additional factors not identified in the following list may also be considered in a particular case; (1) whether evidence of the misconduct could have detracted from the factual basis for the plea; (2) whether the evidence could have been used to impeach an | 1 | 1 |
Yonofsky v. Wernickgreen2 sentences1995“Notwithstanding the enumerated factors in [19(a)] for determination of whether joinder of nonparty is compelled there is no definite method for determining whether [a] nonparty must be joined.” Yonofsky v. Wernick, 362 F.Supp. 1005, 1007 (S.D.N.Y. 1973). 1995Rather, “any decision must consider the overall policy considerations underlying [19(a)] which fosters as basic policy objectives the avoidance of unnecessary or multiple litigation, providing complete relief to parties before court and protection of rights and interests of any absent party. [The] philosophy of [the] rule is to avoid dismissal whenever possible.” Id. | 1 | 1 |
National Labor Relations Board v. Welcome-American Fertilizer Companygreen1 sentence1993NLRB v. Welcome-American Fertilizer Co., 443 F.2d 19, 21 (9th Cir. 1971). | 1 | 1 |
Ward v. Commonwealthgreen1 sentence1993The issue is whether those findings warranted the judge, in the exercise of his discretion, see Ward v. Commonwealth, 407 Mass. 434, 438 (1990), in reaching the conclusion he did. | 1 | 1 |
A Juvenile v. Commonwealthgreen1 sentence1984“There is no specific requirement that a judge weigh these factors in a certain manner or achieve some predesigned balance.” A Juvenile v. Commonwealth, 370 Mass. 272, 282 (1976). | 1 | 1 |
Rice v. Ricegreen1 sentence1982Rice v. Rice, 372 Mass. 398, 400-401 (1977). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Benjamin Charette
green
1 sentence2025As our sister court in Vermont has stated, "[t]he fact that the purported victim turned out to be an undercover officer does not change defendant's intent or conduct, nor the risk to the community arising from his sex offense." State v. Charette, 2018 VT 48, ¶ 13 . | 1 | 2025–2025 |
Commonwealth v. Hickey
green
1 sentence2016Commonwealth v. Hickey, 429 Mass. 1027 (1999). 4 The only evidence introduced at the hearing was the police report (included in the record on appeal) related to the execution of the search warrant in the present drug case. 5 In Scott , the court enumerated factors that may be relevant to a showing under the second prong, but made clear that additional factors not identified in the following list may also be considered in a particular case; (1) whether evidence of the misconduct could have detracted from the factual basis for the plea; (2) whether the evidence could have been used to impeach an | 1 | 2016–2016 |
Commonwealth v. Scott
green
1 sentence2016Commonwealth v. Hickey, 429 Mass. 1027 (1999). 4 The only evidence introduced at the hearing was the police report (included in the record on appeal) related to the execution of the search warrant in the present drug case. 5 In Scott , the court enumerated factors that may be relevant to a showing under the second prong, but made clear that additional factors not identified in the following list may also be considered in a particular case; (1) whether evidence of the misconduct could have detracted from the factual basis for the plea; (2) whether the evidence could have been used to impeach an | 1 | 2016–2016 |
Ferrara v. United States
green
1 sentence2016Commonwealth v. Hickey, 429 Mass. 1027 (1999). 4 The only evidence introduced at the hearing was the police report (included in the record on appeal) related to the execution of the search warrant in the present drug case. 5 In Scott , the court enumerated factors that may be relevant to a showing under the second prong, but made clear that additional factors not identified in the following list may also be considered in a particular case; (1) whether evidence of the misconduct could have detracted from the factual basis for the plea; (2) whether the evidence could have been used to impeach an | 1 | 2016–2016 |
Two Juveniles v. Commonwealth
green
1 sentence1984L. c. 119, § 61. 1 “Even though the statute requires that the two critical findings be written, its only affirmative requirement concerning the enumerated factors is that they be considered.” Two Juveniles v. Commonwealth, supra at 741 . | 1 | 1984–1984 |
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.