11 Cited authorities

Sullivan v. Utica Mut. Ins. Co.
439 Mass. 387 (Mass. 2003) Cited 232 times 1 Legal Analyses
Holding that "negligence in the manner of performing [a contractual] duty as distinguished from mere failure to perform it, causing damage, is a tort" rather than the basis for a breach of contract claim
Kent v. Commonwealth
437 Mass. 312 (Mass. 2002) Cited 165 times
Holding that the Commonwealth's decision to parole inmate did not proximately cause third party's injuries because the parolee's actions occurred after the Commonwealth had transferred control of the parolee to the federal government
Irwin v. Ware
392 Mass. 745 (Mass. 1984) Cited 182 times
Holding that police officer was not performing discretionary function in releasing known drunk driver because he acted contrary to established policy
Whitney v. Worcester
373 Mass. 208 (Mass. 1977) Cited 172 times
Holding that the city's decision not to remove snow from a parcel of public property because the cost outweighed the need was protected by the discretionary function rule
Dobos v. Driscoll
404 Mass. 634 (Mass. 1989) Cited 86 times
Holding the state liable for the negligent supervision of a police officer who had a history of disciplinary problems when that officer abused a motorist during a traffic stop
Patrazza v. Commonwealth
398 Mass. 464 (Mass. 1986) Cited 39 times
Holding that when a decision "was committed to the responsibility of the department, whose job was to weigh the costs and benefits of various approaches," the decision to use unburied guardrail ends on unlimited access highways was protected by discretionary function
Onofrio v. Department of Mental Health
408 Mass. 605 (Mass. 1990) Cited 27 times
In Onofrio, the act of placing the client in the house was not in itself negligent, but by placing the client, the employees of the Departmental of Mental Health created a risk that resulted in a corresponding duty to warn.
Pina v. Commonwealth
400 Mass. 408 (Mass. 1987) Cited 14 times
Holding that the decision to deny disability benefits to a particular individual was insulated from liability under the discretionary function exception
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 344,855 times 920 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 211B:9 - Chief justice of trial court; powers and duties
Mass. Gen. Laws ch. 211B § 9 Cited 43 times
The chief justice of the trial court, in addition to his judicial duties and subject to the superintendence power of the supreme judicial court as provided in section 3 of chapter 211, shall have general superintendence of the judicial policy of the trial court, including, without limitation, the improvement of the administration of such courts and the securing of their proper and efficient administration. The chief justice shall be the policy and judicial head of the trial court of the commonwealth
Section 211:9 - Records and rescripts; contents
Mass. Gen. Laws ch. 211 § 9 Cited 3 times
Stating that rescript opinions shall contain a brief statement of the reasons for the decision and, if no further opinion is written within 60 days, requiring that such rescript opinions be published by the reporter

O'Brien v. Anderson et al

11 Cited authorities

Holding that "negligence in the manner of performing [a contractual] duty as distinguished from mere failure to perform it, causing damage, is a tort" rather than the basis for a breach of contract claim

Holding that the Commonwealth's decision to parole inmate did not proximately cause third party's injuries because the parolee's actions occurred after the Commonwealth had transferred control of the parolee to the federal government

Holding that police officer was not performing discretionary function in releasing known drunk driver because he acted contrary to established policy

Holding that the city's decision not to remove snow from a parcel of public property because the cost outweighed the need was protected by the discretionary function rule

Holding the state liable for the negligent supervision of a police officer who had a history of disciplinary problems when that officer abused a motorist during a traffic stop

Holding that when a decision "was committed to the responsibility of the department, whose job was to weigh the costs and benefits of various approaches," the decision to use unburied guardrail ends on unlimited access highways was protected by discretionary function

In Onofrio, the act of placing the client in the house was not in itself negligent, but by placing the client, the employees of the Departmental of Mental Health created a risk that resulted in a corresponding duty to warn.

Holding that the decision to deny disability benefits to a particular individual was insulated from liability under the discretionary function exception

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Stating that rescript opinions shall contain a brief statement of the reasons for the decision and, if no further opinion is written within 60 days, requiring that such rescript opinions be published by the reporter