generally recognized claim (Rhode Island) · Go Syfert
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generally recognized claim in Rhode Island

6 Rhode Island opinions name it 2 courts 1933–2001 0 in the last five years

The cases below were cited by Rhode Island 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Rhode Island.

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Rhode Island. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Dowd v. Rayner green
ri · 1995
2 sentences

2001Such limits and burdens violate the constitution "only when the statute prohibits complete access for a generally recognized claim to and entire class of litigants." See id.

2001Therefore, the legislature may place "permissibly * * * reasonable limits or burdens on the parties' right to have their claims adjudicated by the courts." Id.

12001–2001
Kennedy v. Cumberland Engineering Co., Inc. green
ri · 1984
2 sentences

1995Such limits or burdens violate the constitutional protection mandated by article 1, section 5, only when statutes “prohibit court access absolutely for a generally recognized claim to a class of plaintiffs.” (Emphasis added.) Kennedy, 471 A.2d at 198 .

1995Except for an absolute prohibition, however, the Legislature may place “permissibly * * * reasonable limits or burdens on the parties’ right to have their claims adjudicated by the courts.” Id.

11995–1995
Lemoine v. Martineau green
ri · 1975
2 sentences

1984The total denial of access to the courts for adjudication of a claim even before it arises, however, most certainly “flies in the face of the constitutional command found in art. 1, § 5,” Lemoine v. Martineau, 115 R.I. at 240 , 342 A.2d at 621 , and to hold otherwise would be to render this constiiu-tional protectidh"~worthless, To prohibit court access absolutely for a generally recognized claim to a class of plaintiffs merely because they were injured by a product more than ten years old not only is irrational, in our opinion, but also flies in the face of even minimal constitutional protect

1984The total denial of access to the courts for adjudication of a claim even before it arises, however, most certainly “flies in the face of the constitutional command found in art. 1, § 5,” Lemoine v. Martineau, 115 R.I. at 240 , 342 A.2d at 621 , and to hold otherwise would be to render this constiiu-tional protectidh"~worthless, To prohibit court access absolutely for a generally recognized claim to a class of plaintiffs merely because they were injured by a product more than ten years old not only is irrational, in our opinion, but also flies in the face of even minimal constitutional protect

11984–1984
Missionaries of the Co. of Mary, Inc. v. Aetna Casualty & Surety Co. green
conn · 1967
1 sentence

1968Missionaries of Co. of Mary, Inc. v. Aetna Cas. & Surety Co., Conn., 230 A.2d 21 .

11968–1968
City of Wooster v. Arbenz green
ohio · 1927
1 sentence

1958This court has approved and applied the generally recognized principle that in the exercise of such public or governmental function a municipality is not subject to civil liability unless the same is specifically imposed by statute.” See also City of Wooster v. Arbenz, 116 Ohio St. 281, 282 , for a well-considered discussion of the tests applied in ascertaining the distinction between governmental and proprietary functions.

11958–1958
United States ex rel. Fidelity Nat. Bank v. Rundle green
ca9 · 1901
1 sentence

1933U. S. v. Rundle, 107 Fed. 227 ; So.

11933–1933

Where else courts name it

KY 27 (1922–2023) CA 25 (1916–2019) TX 23 (1915–2016) IL 23 (1881–2019) FL 20 (1947–2015) MO 18 (1894–2018) AL 18 (1882–1999) IA 17 (1895–2016) MI 16 (1893–2023) OR 15 (1910–2013) CO 12 (1905–2008) VA 12 (1986–2020) MD 12 (1973–2023) WV 11 (1916–1999) ID 10 (1920–2025) NY 10 (1890–2016) WA 10 (1917–1995) OK 10 (1924–2017) LA 9 (1925–2002) CT 8 (1932–2017) NC 8 (1908–1986) SD 8 (1979–2006) SC 8 (1912–2010) MN 8 (1885–1999) NJ 8 (1952–2019) OH 7 (1937–2004) GA 7 (1890–1996) PA 7 (1926–2021) MT 6 (1919–2022) WI 6 (1977–2000) KS 6 (1935–2010) RI 6 (1933–2001) MS 6 (1922–2012) AZ 5 (1939–1982) NV 5 (1865–1999) UT 4 (1927–2020) IN 4 (1893–2013) WY 4 (1941–2026) MA 4 (1909–2024) ND 4 (1925–2000) HI 3 (1932–1970) NM 3 (1903–1979) VT 3 (1858–1991) NE 3 (1981–2000) TN 3 (1937–1958)

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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