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Showing posts with label affirmative duty. Show all posts
Showing posts with label affirmative duty. Show all posts
Wednesday, January 24, 2024

TORTZ volume 2 unpacks duty, causation, damages, introduces nuisance, defamation, privacy

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Tortz volume 2 is now available for affordable purchase from Lulu.com and for free PDF download from SSRN . Tortz volume 2 follows up vol...
Friday, September 2, 2022

Motel not liable for guest's suicide, court rules, despite family warning of risk, asking for room number

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CC0 1.0 via Wikimedia Commons The Massachusetts Appeals Court yesterday rejected Motel 6 liability for the suicide of a guest. The Septembe...
Friday, April 3, 2020

Commonwealth wins two in tort: one, bad presentment; two, no duty to juvenile assaulted in contractor custody

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The Commonwealth prevailed in two tort suits under the Massachusetts Tort Claims Act at the end of February.  One case, a slip-and-fall, was...
Monday, September 30, 2019

Court refuses to dismiss Harvard in student-suicide suit

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The Massachuetts Superior Court, per Judge Michael D. Ricciuti, denied Harvard University's motion to dismiss a negligence claim brought...
Wednesday, August 14, 2019

My Summer Book Report

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I squeezed in some leisure reads this summer: Yuval Noah Harari, Homo Deus .   Yes, I drank the Harari Kool-Aid.  I am a true belie...
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Monday, May 7, 2018

Mass. supreme court: MIT owed no duty in suicide case

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Today the high court of Massachusetts held no duty , as a matter of law, in a wrongful death case of attenuated duty and causation in which ...
Wednesday, May 31, 2017

Court holds no duty/no cause in rape case against state

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Sovereign immunity and affirmative duty were at issue in a state tort claims act case of tragic facts decided 3-2 upon rehearing in the Mas...