6 Massachusetts opinions name it 3 courts 1988–2008 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 |
|---|---|---|
Steranko v. Inforex, Inc.green1 sentence2008Nahill’s urging that the Court adopt the analysis of Gourdeau notwithstanding, “[w]here the parties have expressed a specific intent as to the governing law, Massachusetts courts will uphold the parties’ choice as long as the result is not contrary to public policy and as long as the designated State has some substantial relation to the contract.” Steranko v. Inforex, Inc., 5 Mass.App.Ct. 253, 260 (1977) (citations omitted). | 1 | 1 |
People v. Andersonred2 sentences1995The defendant thus urges this court to adopt a rule that, unless a lineup is not possible, “identification by photograph should not be used where the accused is in custody.” People v. Anderson, 389 Mich. 155, 186-187 (1973). 1995See People v. Jackson, 391 Mich. 323, 339 (1974) (adopting rule of evidence that United States v. Wade, 388 U.S. 218 [1967], as to corporeal identifications, and People v. Anderson, supra, as to photographic showings, “shall govern the receipt in evidence of identification testimony where the witness has viewed or seen photographs of the suspect without regard to when the judicial phase of the prosecution is commenced” [footnotes omitted]). | 1 | 1 |
United States v. Wadegreen1 sentence1995See People v. Jackson, 391 Mich. 323, 339 (1974) (adopting rule of evidence that United States v. Wade, 388 U.S. 218 [1967], as to corporeal identifications, and People v. Anderson, supra, as to photographic showings, “shall govern the receipt in evidence of identification testimony where the witness has viewed or seen photographs of the suspect without regard to when the judicial phase of the prosecution is commenced” [footnotes omitted]). | 1 | 1 |
People v. Jacksongreen1 sentence1995See People v. Jackson, 391 Mich. 323, 339 (1974) (adopting rule of evidence that United States v. Wade, 388 U.S. 218 [1967], as to corporeal identifications, and People v. Anderson, supra, as to photographic showings, “shall govern the receipt in evidence of identification testimony where the witness has viewed or seen photographs of the suspect without regard to when the judicial phase of the prosecution is commenced” [footnotes omitted]). | 1 | 1 |
Walker v. Rinckgreen1 sentence1993Accord Walker v. Rinck, 604 N.E.2d 591, 594 (Ind. 1992) (distinguishing “pre-con-ception” torts from so-called “wrongful life” cases). 3 McDowell urges this court to adopt a rule that the duty owed by a physician may never extend to those not yet conceived. 4 He relies on Albala v. City of New York, 54 N.Y.2d 269 (1981), in which the New York Court of Appeals denied recovery to a child who was born with defects allegedly resulting from damage done to his mother’s uterus by the defendants’ negligent performance of an abortion four years earlier. | 1 | 1 |
Albala v. City of New Yorkgreen1 sentence1993Accord Walker v. Rinck, 604 N.E.2d 591, 594 (Ind. 1992) (distinguishing “pre-con-ception” torts from so-called “wrongful life” cases). 3 McDowell urges this court to adopt a rule that the duty owed by a physician may never extend to those not yet conceived. 4 He relies on Albala v. City of New York, 54 N.Y.2d 269 (1981), in which the New York Court of Appeals denied recovery to a child who was born with defects allegedly resulting from damage done to his mother’s uterus by the defendants’ negligent performance of an abortion four years earlier. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Flannery v. McNamara
green
1 sentence2003In Flannery v. McNamara, supra at 671-672 , the appellants urged the court to adopt the principle contained in Restatement (Third) of Property (Donative Transfers) § 11.2(b)(3) (Tent. | 1 | 2003–2003 |
Jones v. United States
red
1 sentence1988The defendant urges this court to adopt the rule of Jones v. United States, 362 U.S. 257 (1960), which affords individuals accused of possessory crimes “automatic standing” to challenge the legality of a search. | 1 | 1988–1988 |
Thomas O. Bibbs, Jr. v. John Block, Secretary, United States Department of Agriculture
green
1 sentence1988The plaintiff urges this court to adopt a standard that, once an employee produces prima facie evidence that unlawful discrimination was a substantial factor in a decision to discharge him, the burden then shifts to the defendant to prove that it would have made the same decision absent the discriminatory motive. 4 See NLRB v. Transportation Management Corp., 462 U.S. 393 (1983); Bibbs v. Block, 778 F.2d 1318 (8th Cir. 1985). | 1 | 1988–1988 |
National Labor Relations Board v. Transportation Management Corp.
red
1 sentence1988The plaintiff urges this court to adopt a standard that, once an employee produces prima facie evidence that unlawful discrimination was a substantial factor in a decision to discharge him, the burden then shifts to the defendant to prove that it would have made the same decision absent the discriminatory motive. 4 See NLRB v. Transportation Management Corp., 462 U.S. 393 (1983); Bibbs v. Block, 778 F.2d 1318 (8th Cir. 1985). | 1 | 1988–1988 |
United States v. Salvucci
green
1 sentence1988The defendant correctly asserts that this court has left open the possibility that it will retain the automatic standing rule of Jones which the United States Supreme Court overruled in United States v. Salvucci, 448 U.S. 83 (1980). | 1 | 1988–1988 |
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.