McCloskey v. Mueller

How courts have described this case

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

• noting that under either rule applicable here that the court “accept[s] the plaintiffs’ well-pleaded facts as true and indulging all reasonable inferences in their behoof”
• setting forth circumstances in which Massachusetts law recognizes the existence of a special relationship between a defendant and another person sufficient to give rise to a duty of the defendant to the plaintiff
• affirming the dismissal of FTCA claims against defendants that were not the United States
• recognizing the FTCA operates as consent to suit
• determining FBI employee’s duty to plaintiff by applying Massachusetts tort law
• “[A] defendant’s duty is more limited when negligence consists of an omission rather than an act of commission.”

Source: CourtListener parenthetical corpus (CC0).