Commonwealth v. ELM Medical Laboratories, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• observing that sovereign immunity is rooted in history and based upon sound considerations of public policy
• “draw[ing] no distinction between suits against the Commonwealth and, as here, suits against a department of the Commonwealth” for purposes of sovereign immunity
• drawing no distinction between suits against the Commonwealth and suits against a department of the Commonwealth
• the Commonwealth is not a ‘person’ for purposes of G.L.c. 12, §§11H and 111
• though Massachusetts Civil Rights Act, G.L. c. 12, §§ 11H-11I, is remedial statute entitled to liberal construction, it does not waive Commonwealth's sovereign immunity and thus does not apply against Commonwealth
• by enacting G.L.c. 12, §§llHand I, the legislature did not waive sovereign immunity

Source: CourtListener parenthetical corpus (CC0).