6 Massachusetts opinions name it 2 courts 1978–2023 1 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 |
|---|---|---|
Commonwealth v. Barreirogreen1 sentence2023See also Commonwealth v. Barreiro, 67 Mass. App. Ct. 25, 27 (2006) ("any prejudice the defendant claims as a result of the inadequate warnings given prior to his separate . . . conviction for receiving stolen 15The defendant's attempt to rely on the fact that he, unlike the defendant in DeSorbo, is presently challenging his unrelated Superior Court convictions is unavailing. | 1 | 1 |
Doe v. Attorney Generalgreen1 sentence2003“The due process test requires a balancing of the individual interest at stake and the risk of an erroneous deprivation of liberty or property under the procedures that the State seeks to use against the governmental interest in achieving its goals.” Doe v. Attorney Gen., 426 Mass. 136, 140 (1997), citing Aime v. Commonwealth, 414 Mass. 667, 675 (1993). | 1 | 1 |
Aime v. Commonwealthgreen1 sentence2003“The due process test requires a balancing of the individual interest at stake and the risk of an erroneous deprivation of liberty or property under the procedures that the State seeks to use against the governmental interest in achieving its goals.” Doe v. Attorney Gen., 426 Mass. 136, 140 (1997), citing Aime v. Commonwealth, 414 Mass. 667, 675 (1993). | 1 | 1 |
Zerofski's Casegreen1 sentence1993See Zerofski’s Case, 385 Mass. 590, 594 (1982) (where work may be contributing cause of injury, but only to extent that many activities pursued in its place could have contributed, causation in fact is an inadequate test). 6 The “hazard undergone” prong of the statute is not involved in this case. 7 McManus’s Case, 328 Mass. 171 (1951), cited by the majority of the Appeals Court panel as a case in which an injury caused by bending was found to be compensable, involved the sudden onset of a disabling condition caused by a specific event. | 1 | 1 |
McManus's Casegreen1 sentence1993See Zerofski’s Case, 385 Mass. 590, 594 (1982) (where work may be contributing cause of injury, but only to extent that many activities pursued in its place could have contributed, causation in fact is an inadequate test). 6 The “hazard undergone” prong of the statute is not involved in this case. 7 McManus’s Case, 328 Mass. 171 (1951), cited by the majority of the Appeals Court panel as a case in which an injury caused by bending was found to be compensable, involved the sudden onset of a disabling condition caused by a specific event. | 1 | 1 |
Wolfe v. Ford Motor Co.green1 sentence1984Furthermore, contrary to the plaintiffs’ contentions, we do not read Wolfe v. Ford Motor Co., 6 Mass. App. Ct. 346, 352 (1978), S.C., 386 Mass. 95 (1982), or Restatement (Second) of Torts 402A comment j (1965), as favoring imposition on a defendant of the burden to prove the absence of a causal relationship between personal injuries and an inadequate warning of risk in the use of a product. | 1 | 1 |
Commonwealth v. Hooksgreen1 sentence1981We held in Commonwealth v. Hooks, 375 Mass. 284, 290-292 (1978), that an inadequate instruction on murder in the second degree did not amount to reversible error when counsel failed to alert the judge by exception and when a finding of murder in the second degree would fail of support in the facts. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Wolfe v. Ford Motor Co.
green
1 sentence1984Furthermore, contrary to the plaintiffs’ contentions, we do not read Wolfe v. Ford Motor Co., 6 Mass. App. Ct. 346, 352 (1978), S.C., 386 Mass. 95 (1982), or Restatement (Second) of Torts 402A comment j (1965), as favoring imposition on a defendant of the burden to prove the absence of a causal relationship between personal injuries and an inadequate warning of risk in the use of a product. | 1 | 1984–1984 |
James C. Gardner v. Q. H. S., Inc., a Corporation, and J. M. Fields, Inc., a Corporation
green
2 sentences1978Inc., 448 F.2d 238 (4th Cir. 1971), the court held that an inadequate warning to users that hair rollers could catch fire could be the basis of an action for negligent failure to warn and breach of warranty: "while the separate theories of negligence and breach of warranty are not always coextensive, we think this same evidence [of inadequate warning] sufficient to constitute a jury issue as to whether the rollers were of merchantable quality.” 448 F.2d at 243 . 1978Inc., 448 F.2d 238 (4th Cir. 1971), the court held that an inadequate warning to users that hair rollers could catch fire could be the basis of an action for negligent failure to warn and breach of warranty: "while the separate theories of negligence and breach of warranty are not always coextensive, we think this same evidence [of inadequate warning] sufficient to constitute a jury issue as to whether the rollers were of merchantable quality.” 448 F.2d at 243 . | 1 | 1978–1978 |
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.