industry standard (Massachusetts) · Go Syfert
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industry standard in Massachusetts

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.

Followed or applied (4)

CaseFollowedCited
Johnston v. Johnstongreen
massappct · 1995 · cited in 1 Massachusetts opinions naming this issue, 2023–2023
1 sentence

2023See 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.

11
Gilhooley v. Star Market Co.green
mass · 1987 · cited in 1 Massachusetts opinions naming this issue, 2002–2002
1 sentence

2002See, e.g., Gilhooley v. Star Market Co., 400 Mass. 205, 208 (1987).

11
Sweet v. Cieslakgreen
massappct · 1986 · cited in 1 Massachusetts opinions naming this issue, 1998–1998
1 sentence

1998In 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).

11
Denton v. Park Hotel, Inc.green
mass · 1962 · cited in 1 Massachusetts opinions naming this issue, 1998–1998
1 sentence

1998See, 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.

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 (5)

CaseCitedYears
Zavras v. Capeway Rovers Motorcycle Club, Inc. green
massappct · 1997
1 sentence

2018A 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 .

12018–2018
Suffolk Construction Co. v. Lanco Scaffolding Co. green
massappct · 1999
1 sentence

2007CSH 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.

12007–2007
Fireman's Fund Insurance v. Special Olympics International, Inc. green
ca1 · 2003
1 sentence

2005The 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 .

12005–2005
Trottier v. Neisner Brothers, Inc. neutral
mass · 1933
1 sentence

1998See, 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.

11998–1998
Murray v. Donelan green
mass · 1955
1 sentence

1998See, 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.

11998–1998

Where else courts name it

NY 46 (1984–2025) CA 28 (1969–2024) IL 19 (1990–2023) NJ 16 (1961–2025) OH 16 (1999–2023) TX 16 (1989–2022) PA 10 (2003–2020) MD 9 (1977–2025) UT 9 (1980–2024) FL 9 (1979–2023) WY 8 (1989–2024) MI 6 (1970–2026) WA 6 (1996–2025) MA 6 (1998–2023) NC 6 (1985–2023) KS 5 (1983–2017) CO 5 (1989–2021) AZ 5 (2010–2020) DE 5 (1963–2024) LA 4 (2006–2019) NM 4 (1988–2023) AL 3 (1986–2013) DC 3 (1976–2015) IA 3 (1982–2016) OK 2 (1985–2009) IN 2 (2011–2014) RI 2 (2010–2020) SD 2 (1996–2009) OR 2 (1959–2001) WI 2 (1996–2010) WV 2 (1999–2007)

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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