· 8/4/1995
Riva v. Commonwealth of MA
Citations
- 61 F.3d 1003
- 1995 U.S. App. LEXIS 20644
- 68 Fair Empl. Prac. Cas. (BNA) 688
- 1995 WL 452535
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that courts are less likely to find a claim ripe when “the absence of a concrete factual situation seriously inhibits the weighing of competing interests”
- holding plaintiff's challenge to a statute that would cause him future harm was ripe \[g]iven the relative certainty of the statute's application[] [and] the purity of the legal issue presented\
- finding victim's yard bounded only by \several unevenly spaced trees\ did not constitute the residence's curtilage because it was not enclosed
- stating that it was appropriate for a court to exercise it discretion and consider a declaratory action when there was little factual uncertainty and the court determined that it would be more efficient and fair to the litigants to exercise its discretion
- requiring in the context of ripeness that “the controversy is narrowly defined and is susceptible to specific relief, . . . and without much risk that the court’s opinion will prove superfluous.”
- discussing absence of adverseness as a salient factor in determining fitness
Source: CourtListener parenthetical corpus (CC0).
Judges: Selya, Boudin, Lynch
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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