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6 Massachusetts opinions name it 3 courts 1998–2023 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 |
|---|---|---|
Johnston v. Johnstongreen1 sentence2023See Johnston v. Johnston, 38 Mass. App. Ct. 531, 536 (1995). 8 Insofar as the wife claims that Consigli's testimony "unequivocal[ly]" confirmed that the industry standard for compensating prosthodontists was forty to fifty percent of their collections, we are unpersuaded. | 1 | 1 |
Gilhooley v. Star Market Co.green1 sentence2002See, e.g., Gilhooley v. Star Market Co., 400 Mass. 205, 208 (1987). | 1 | 1 |
Sweet v. Cieslakgreen1 sentence1998In the Upham case the court went no further than to abrogate the rule that a defendant’s adherence to a relevant industry standard constituted conclusive proof of no negligence on his part.” Sweet v. Cieslak, 23 Mass. App. Ct. 908, 909 (1986). | 1 | 1 |
Denton v. Park Hotel, Inc.green1 sentence1998See, e.g., Denton v. Park Hotel, Inc., 343 Mass. 524 (1962) (metal trap door ring recessed in dance floor); Murray v. Donelan, 333 Mass. 228 (1955) (piece of tin nailed to floor by defendant rendered floor unusually slippery when wet); Trottier v. Neisner Bros., Inc., 284 Mass. 336 (1933) (accumulation of oil under edge of store counter); Blake v. Great Atl. & Pac. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Zavras v. Capeway Rovers Motorcycle Club, Inc.
green
1 sentence2018A reasonable jury could find that Silva's decision to perform a hook turn in the moments before landing was grossly negligent -- regardless of whether the hook turn was the subject of a specific FAA regulation at the time of Cahalane's accident -- if the jury were to conclude that the low hook turn violated an industry standard and Silva had a lapse of care in a situation of "great and immediate danger." See Zavras , supra at 22 . | 1 | 2018–2018 |
Suffolk Construction Co. v. Lanco Scaffolding Co.
green
1 sentence2007CSH does not appear to assert that there is an industry standard requiring that owners be listed as additional insureds and I notice, judicially, that some are, see Suffolk Construction Co. v. Lanco Scaffolding Co., 47 Mass.App.Ct. 726 , 728 & n.4 (1999), and some aren’t. | 1 | 2007–2007 |
Fireman's Fund Insurance v. Special Olympics International, Inc.
green
1 sentence2005The United States Court of Appeals for the First Circuit determined it would not reach the nuances of State gift law, stating that “[the charity’s] fidelity insurance policies, consistent with the industry standard, contained provisions that unambiguously limited coverage to episodes of employee dishonesty that involved conduct intended to lead to a diminution in the insured’s assets. [The charity] offers no facts that would permit a factfinder to conclude that [the employee’s] fraudulent scheme was directed at the organization’s resources.” Id. at 263-264 . | 1 | 2005–2005 |
Trottier v. Neisner Brothers, Inc.
neutral
1 sentence1998See, e.g., Denton v. Park Hotel, Inc., 343 Mass. 524 (1962) (metal trap door ring recessed in dance floor); Murray v. Donelan, 333 Mass. 228 (1955) (piece of tin nailed to floor by defendant rendered floor unusually slippery when wet); Trottier v. Neisner Bros., Inc., 284 Mass. 336 (1933) (accumulation of oil under edge of store counter); Blake v. Great Atl. & Pac. | 1 | 1998–1998 |
Murray v. Donelan
green
1 sentence1998See, e.g., Denton v. Park Hotel, Inc., 343 Mass. 524 (1962) (metal trap door ring recessed in dance floor); Murray v. Donelan, 333 Mass. 228 (1955) (piece of tin nailed to floor by defendant rendered floor unusually slippery when wet); Trottier v. Neisner Bros., Inc., 284 Mass. 336 (1933) (accumulation of oil under edge of store counter); Blake v. Great Atl. & Pac. | 1 | 1998–1998 |
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.