abrogation doctrine (Massachusetts) · Go Syfert
← Massachusetts issues

abrogation doctrine in Massachusetts

6 Massachusetts opinions name it 1 courts 1980–2006 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.

Followed or applied (4)

CaseFollowedCited
Dinsky v. Town of Framinghamgreen
mass · 1982 · cited in 3 Massachusetts opinions naming this issue, 1985–2006
2 sentences

2006See Dinsky v. Framingham, 386 Mass. 801, 804 (1982) (“the abrogation of the doctrine of governmental immunity by the Act simply removed the defense of immunity in certain tort actions against the Commonwealth, municipalities and other governmental subdivisions”).

1985In Dinsky, supra at 804 , we recognized “the basic principle that the abrogation of the doctrine of governmental immunity by the Act [G.

23
Tennessee v. Lanegreen
scotus · 2004 · cited in 1 Massachusetts opinions naming this issue, 2004–2004
1 sentence

2004Tennessee v. Lane, 541 U.S. 509, 533-534 (2004) (Lane).

11
Commonwealth v. Malonegreen
mass · 1978 · cited in 1 Massachusetts opinions naming this issue, 1980–1980
1 sentence

1980See Graci v. Damon, 6 Mass. App. Ct. 160, 169-170 , aff’d, 376 Mass. 931 (1978) (abolition of assumption of the risk is a substantive change in the law).

11
Graci v. Damongreen
massappct · 1978 · cited in 1 Massachusetts opinions naming this issue, 1980–1980
1 sentence

1980See Graci v. Damon, 6 Mass. App. Ct. 160, 169-170 , aff’d, 376 Mass. 931 (1978) (abolition of assumption of the risk is a substantive change in the law).

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
City of Boerne v. Flores red
scotus · 1997
1 sentence

2004Boeme v. Flores, supra. In Garrett, supra at 360 n.1, 374, the Court held that Congress had not validly abrogated the States’ immunity with respect to employment discrimination claims under Title I of the ADA, leaving open the question whether the abrogation of immunity would be valid as to claims of denial of access under Title II.

12004–2004
Board of Trustees of Univ. of Ala. v. Garrett green
scotus · 2001
1 sentence

2004Boeme v. Flores, supra. In Garrett, supra at 360 n.1, 374, the Court held that Congress had not validly abrogated the States’ immunity with respect to employment discrimination claims under Title I of the ADA, leaving open the question whether the abrogation of immunity would be valid as to claims of denial of access under Title II.

12004–2004
Commonwealth v. Bishop green
mass · 1993
1 sentence

1996As this court observed in Bishop, supra at 177 , our (elusive) goal in cases of this general nature has been to articulate a standard that will, to the extent possible, result in the abrogation of a privilege only “in those cases in which there is a reasonable risk that nondisclosure may result in an erroneous conviction.” In the Bishop opinion, after experience with other approaches, we attempted to fashion a test and protocol that would strike the proper balance between the rights involved.

11996–1996

Where else courts name it

PA 14 (1833–2015) TX 13 (1968–2025) MD 12 (1974–2022) NY 12 (1878–2007) CA 12 (1927–2020) SC 9 (1977–1997) AZ 9 (1967–2013) MI 8 (1965–2020) FL 8 (1953–2005) NJ 8 (1958–2008) WI 8 (1911–2013) OH 7 (1973–2008) IN 7 (1963–1997) MO 6 (1949–1997) MA 6 (1980–2006) MN 5 (1919–2017) GA 5 (1915–2017) AL 5 (1930–1989) UT 4 (1993–2014) NC 4 (1955–1982) IL 3 (1914–1983) MT 3 (1900–1945) CT 3 (1935–2005) VA 3 (1997–2025) IA 3 (1964–2010) CO 3 (1987–1996) ID 3 (1975–2026) RI 3 (1989–2002) LA 2 (1998–2006) DC 2 (1979–1979) WY 2 (1975–1989) MS 2 (1992–1994) NH 2 (1985–2006) NM 2 (2023–2023)

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