benefits immunity (Massachusetts) · Go Syfert
← Massachusetts issues

benefits immunity in Massachusetts

6 Massachusetts opinions name it 3 courts 1973–2016 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 (8)

CaseFollowedCited
Breault v. CHAIRMAN OF BD, FIRE COMMR. OF SPRINGFIELDgreen
mass · 1987 · cited in 1 Massachusetts opinions naming this issue, 2016–2016
1 sentence

2016See Breault v. Chairman of the Bd. of Fire Comm’rs of Springfield, 401 Mass. 26 , 31 (1987), cert. denied, 485 U.S. 906 (1988). 5 In considering the defendants’ appeal in LaChance I, “it was necessary to focus on LaChance’s Federal due process claims because LaChance would be entitled to damages under his § 1983 claims only if the defendants knowingly violated LaChance’s rights under the United States Constitution.” Cantell v. Commissioner of Correction, 475 Mass. 745, 755 (2016). 6 The judge who had decided the summary judgment motions had retired. 7 The “lodestar” figure is derived by multip

11
Cantell v. Commissioner of Correctiongreen
mass · 2016 · cited in 1 Massachusetts opinions naming this issue, 2016–2016
1 sentence

2016See Breault v. Chairman of the Bd. of Fire Comm’rs of Springfield, 401 Mass. 26 , 31 (1987), cert. denied, 485 U.S. 906 (1988). 5 In considering the defendants’ appeal in LaChance I, “it was necessary to focus on LaChance’s Federal due process claims because LaChance would be entitled to damages under his § 1983 claims only if the defendants knowingly violated LaChance’s rights under the United States Constitution.” Cantell v. Commissioner of Correction, 475 Mass. 745, 755 (2016). 6 The judge who had decided the summary judgment motions had retired. 7 The “lodestar” figure is derived by multip

11
Forastiere v. Breaultgreen
scotus · 1988 · cited in 1 Massachusetts opinions naming this issue, 2016–2016
1 sentence

2016See Breault v. Chairman of the Bd. of Fire Comm’rs of Springfield, 401 Mass. 26 , 31 (1987), cert. denied, 485 U.S. 906 (1988). 5 In considering the defendants’ appeal in LaChance I, “it was necessary to focus on LaChance’s Federal due process claims because LaChance would be entitled to damages under his § 1983 claims only if the defendants knowingly violated LaChance’s rights under the United States Constitution.” Cantell v. Commissioner of Correction, 475 Mass. 745, 755 (2016). 6 The judge who had decided the summary judgment motions had retired. 7 The “lodestar” figure is derived by multip

11
MiGi, Inc. v. Gannett Massachusetts Broadcasters, Inc.green
massappct · 1988 · cited in 1 Massachusetts opinions naming this issue, 2011–2011
1 sentence

2011While the privilege should be construed liberally, it may be defeated by a showing that the report was not fair and accurate or was published with “malice.” Howell v. Enterprise Publishing Co., LLC, 455 Mass. 641, 653 (“. . . it is important that the privilege be construed liberally”); Migi, Inc. v. Gannett Mass. Broadcasters, Inc., 25 Mass.App.Ct. 394, 397 (1988) (finding that the benefits of the privilege may be lost if “a complainant shows that the reporter was actuated by malice toward him”).

11
Howell v. THE ENTERPRISE PUBLISHING COMPANY, LLC.green
mass · 2010 · cited in 1 Massachusetts opinions naming this issue, 2011–2011
1 sentence

2011While the privilege should be construed liberally, it may be defeated by a showing that the report was not fair and accurate or was published with “malice.” Howell v. Enterprise Publishing Co., LLC, 455 Mass. 641, 653 (“. . . it is important that the privilege be construed liberally”); Migi, Inc. v. Gannett Mass. Broadcasters, Inc., 25 Mass.App.Ct. 394, 397 (1988) (finding that the benefits of the privilege may be lost if “a complainant shows that the reporter was actuated by malice toward him”).

11
Commonwealth v. Popegreen
massappct · 1985 · cited in 1 Massachusetts opinions naming this issue, 1985–1985
1 sentence

1985Commonwealth v. Pope, 19 Mass. App. Ct. 627, 632 (1985).

11
United States v. Norman Turkishgreen
ca2 · 1980 · cited in 1 Massachusetts opinions naming this issue, 1983–1983
1 sentence

1983See Turkish, supra at 778 .

11
Commissioner of the Department of Community Affairs v. Boston Redevelopment Authoritygreen
mass · 1972 · cited in 1 Massachusetts opinions naming this issue, 1973–1973
1 sentence

1973See Commissioner of the Dept. of Community Affairs v. Boston Redevelopment Authy. 362 Mass. 602, 613-614 (1972).

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 (1)

CaseCitedYears
Massachusetts v. Oakes green
scotus · 1989
2 sentences

2015Justice Scalia wrote a separate opinion, Part I of which was joined by four other Justices, which stated that a subsequent legislative amendment of a statute does not “eliminate the basis for the overbreadth challenge.” Id. at 585-586 .

2015Because the special concern that animates the overbreadth doctrine is no longer present after the amendment or repeal of the challenged statute, we need not extend the benefits of the doctrine to a defendant whose conduct is not protected.” Id. at 584 .

12015–2015

Where else courts name it

CA 49 (1938–2026) TX 45 (1913–2025) NY 21 (1886–2025) WA 20 (1972–2026) FL 20 (1966–2025) VT 17 (1999–2026) CT 13 (1992–2019) IL 13 (1975–2013) MO 12 (1976–2023) NJ 11 (1961–2025) CO 11 (1899–2023) IN 11 (1920–2003) MS 10 (1998–2022) LA 10 (1978–2015) WI 9 (1933–2020) VA 9 (1993–2025) GA 8 (1931–2014) IA 8 (1928–2019) MT 7 (1894–2014) OH 7 (1989–2013) PA 7 (1982–2009) AL 7 (1980–2007) NM 7 (1942–2023) MA 6 (1973–2016) MD 5 (1990–2019) MI 5 (1989–2022) AZ 5 (1976–1993) KY 4 (1923–2026) ID 4 (1937–2020) NC 4 (1960–2000) MN 4 (1986–1990) WV 4 (1952–2021) DC 4 (1969–2017) SD 4 (1911–2006) WY 4 (1980–2014) ME 3 (1980–2009) OK 3 (1932–1995) NE 3 (1942–2018) UT 3 (1988–2013) OR 3 (1946–1984) ND 2 (1898–1990) NH 2 (1978–2002) AK 2 (1989–1990)

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