· 1/17/1991
Morris v. Massachusetts Maritime Academy
Citations
- 565 N.E.2d 422
- 409 Mass. 179
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- declining to accept defendants’ argument that Legislature was required to make specific mention of admiralty claims in order to bring them within ambit of Act
- “The [governmental liability] limitation is contained in the same sentence in which sovereign immunity is waived.... The cap is one term of the waiver.”
- even if facts undisputed, question of agency not solely question of law when conflicting inferences may lead to different but reasonable conclusions
- admiralty claims were well known under statutory and common law; Act merely expanded such claims to public employers in same manner as liability imposed on private individuals
- States retain sovereign immunity unless Congress explicitly abrogates State sovereign immunity
- both discussing these factors in the context of a Jones Act claim
Source: CourtListener parenthetical corpus (CC0).
Judges: Present-, Lucos, Wilkins, Abrams, Nolan, O'Connor
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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