duties test (Massachusetts) · Go Syfert
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duties test in Massachusetts

6 Massachusetts opinions name it 3 courts 1969–2020 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 (5)

CaseFollowedCited
Fairbairn v. Planning Board of Barnstablegreen
massappct · 1977 · cited in 2 Massachusetts opinions naming this issue, 1991–2006
2 sentences

2006Batchelder v. Planning Bd. of Yarmouth, 31 Mass.App.Ct. 104, 106 (1991), citing Fairbairn v. Planning Bd. of Barnstable, 5 Mass.App.Ct. 171, 173 (1977).

1991Fairbairn v. Planning Board of Barnstable, 5 Mass. App. Ct. 171, 173 (1977).

22
Ferman Shaliehsabou v. Hebrew Home of Greater Washington, Incorporatedgreen
ca4 · 2004 · cited in 1 Massachusetts opinions naming this issue, 2020–2020
1 sentence

2020In reaching this conclusion, the Fifth Circuit pointed out that it was important not to "overemphasize" the "performance of secular duties." Id. (rejecting the idea that the ministerial exception --------------------------- [28] Both before and after Hosanna-Tabor, while using a functional approach, many courts focused on the employee's "primary duties." See e.g., Petruska 462 F.3d at 304 n.6 ("As a general rule, an employee will be considered a minister if her primary duties include 'teaching, spreading the faith, church governance, supervision of a religious order, or supervision of particip

11
Riegel v. Medtronic, Inc.green
ca2 · 2006 · cited in 1 Massachusetts opinions naming this issue, 2007–2007
1 sentence

2007Riegel v. Medtronic, Inc., 451 F.3d at 121-22 (breach of implied warranty and negligent design, testing, marketing and sale claims preempted because they did not rest on the premise that the particular device used deviated from the standards contained in the approved PMA application but rather on the premise that the device itself was in some way defective and requires modification).

11
Batchelder v. Planning Board of Yarmouthgreen
massappct · 1991 · cited in 1 Massachusetts opinions naming this issue, 2006–2006
1 sentence

2006Batchelder v. Planning Bd. of Yarmouth, 31 Mass.App.Ct. 104, 106 (1991), citing Fairbairn v. Planning Bd. of Barnstable, 5 Mass.App.Ct. 171, 173 (1977).

11
Points East, Inc. v. City Councilgreen
massappct · 1983 · cited in 1 Massachusetts opinions naming this issue, 1990–1990
1 sentence

1990Appellees, particularly, are entitled to the progress of appeals with reasonable dispatch and to some protection against purposeful stretching out of appellate proceedings.” Points East, Inc. v. City Council of Gloucester, 15 Mass. App. Ct. 722, 726 (1983). 5 The defendant’s delay cannot be characterized as excusable neglect simply because the clerk also failed to perform the duties required by the rule.

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 (4)

CaseCitedYears
Philip Cannata v. Catholic Diocese of Austin, et a green
ca5 · 2012
1 sentence

2020In reaching this conclusion, the Fifth Circuit pointed out that it was important not to "overemphasize" the "performance of secular duties." Id. (rejecting the idea that the ministerial exception --------------------------- [28] Both before and after Hosanna-Tabor, while using a functional approach, many courts focused on the employee's "primary duties." See e.g., Petruska 462 F.3d at 304 n.6 ("As a general rule, an employee will be considered a minister if her primary duties include 'teaching, spreading the faith, church governance, supervision of a religious order, or supervision of particip

12020–2020
Petruska v. Gannon University green
ca3 · 2006
1 sentence

2020In reaching this conclusion, the Fifth Circuit pointed out that it was important not to "overemphasize" the "performance of secular duties." Id. (rejecting the idea that the ministerial exception --------------------------- [28] Both before and after Hosanna-Tabor, while using a functional approach, many courts focused on the employee's "primary duties." See e.g., Petruska 462 F.3d at 304 n.6 ("As a general rule, an employee will be considered a minister if her primary duties include 'teaching, spreading the faith, church governance, supervision of a religious order, or supervision of particip

12020–2020
Croteau green
mass · 1968
1 sentence

1969The withdrawal of an appeal is a “stage of the proceeding.” “The time when a decision is made to appeal ... or to prosecute the appeal is a time when the advice of counsel might prove to be of critical importance.” Croteau, petitioner, 353 Mass. 736, 738 .

11969–1969
Williams v. Commonwealth green
mass · 1966
1 sentence

1969The rule imposes duties upon the judge when a defendant “appears in any court without counsel.” The judge’s duties under the rule are not finally discharged once a defendant “is able to obtain counsel” or once the judge has “assigned] counsel to represent him.” The rule operates and the judge’s duties continue “at every stage of the proceeding.” See Williams v. Commonwealth, 350 Mass. 732 .

11969–1969

Where else courts name it

IL 30 (1975–2025) CA 17 (1963–2025) MA 6 (1969–2020) TN 5 (1997–2019) OH 5 (2005–2025) WA 5 (2003–2015) AZ 5 (1986–2022) KY 4 (1994–2024) NY 4 (1911–2012) WI 3 (2008–2022) NM 3 (2007–2024) LA 2 (2004–2016) MD 2 (1984–2017) NJ 2 (2004–2012) FL 2 (1980–2013) ID 2 (1979–2025) KS 2 (1911–1977) TX 2 (2012–2021) IA 2 (2014–2024)

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.

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