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Showing posts with label tort claims act. Show all posts
Showing posts with label tort claims act. Show all posts
Friday, March 28, 2025

In negligence claims over child welfare, bus fight, Mass. high court opines on qualified, sovereign immunity

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Two immunity cases ended with different outcomes for public officials in the Massachusetts high court on two successive Fridays, and the cas...
Friday, July 22, 2022

Court denies police immunity under state tort claims act in death of intoxicated man in protective custody

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Michael Coghlan CC BY-SA 2.0 via Wikimedia Commons In a lawsuit over the death of an intoxicated man in police protective custody, the defe...
Monday, January 18, 2021

State tort claims act disallows claim of 911 negligence

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Plaintiffs in a fatal stabbing could not overcome sovereign immunity in alleging negligent delay of emergency response, the Massachusetts Ap...
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, November 25, 2019

Area man signposts 'sovereign immunity site'

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Attorney Dan Greenberg , friend of the blog and a federal policy adviser in Washington, D.C., contributes this photo from his home neighbo...
Sunday, August 18, 2019

Mass. Superior Court dismisses nuisance claim over airport skydiving concession on Cape Cod

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Chatham Municipal Airport approach ( CC BY 2.0 woodleywonderworks ) The Superior Court in Barnstable, Massachusetts, ruled in favor of ...
Tuesday, February 27, 2018

City not liable for bullying that resulted in child's quadriplegia, Mass. supreme court holds (and note on infantilization of faculty in higher ed)

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The Massachusetts Supreme Judicial Court (SJC) affirmed application of the Massachusetts Torts Claims Act (MTCA) to protect the City of Lyn...
Tuesday, November 7, 2017

Error that led to Texas mass murder recalls recent tort claim against police after Massachusetts shooting

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The Air Force yesterday admitted that it failed to pass on information about the violent record of the Texas church shooter that might have...
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...
Friday, February 24, 2017

Lawyers, read carefully: 'Presentment' held defective under state tort claims act

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Flickr photo by bradlee9119 per Creative Commons license A cautionary tale from the Massachusetts Appeals Court yesterday, per Jus...