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← 457 MASS 512 - McDonough

McDonough’s Empirical Analysis

2010

Citation profile

6
cited by 6 later decisions
2
states following
December 2020
most recently cited

6 state decisions

Relationships

Applies 42 U.S.C. § 12101 (§ 2 of the Americans with Disabilities Act of 1990) · 42 U.S.C. § 12131 (§ 201 of the Americans with Disabilities Act of 1990) · 42 U.S.C. § 12132 (§ 202 of the Americans with Disabilities Act of 1990) · 42 U.S.C. § 12133 (§ 203 of the Americans with Disabilities Act of 1990)

Relies on Pointer v. Texas · City of Boerne v. Flores · Linda R. S. v. Richard D. · Tennessee v. Lane · Smith v. United States

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “where a witness with a disability requests accommodation in order to testify, MERA requires that the court provide such accommodation, so long as it is 'reasonable' " and (2) "where there is a dispute concerning such a witness's request for accommodation, a judge should conduct a hearing to resolve the dispute, preferably before trial, and the witness should be provided with reasonable accommodation, if available, during the pretrial hearing.”
    1 later decision quote this exact passage
  2. “[a]ny person within the commonwealth, regardless of handicap ... shall, with reasonable accommodation, have the same rights as other persons to ... sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property, including, but not limited to, the rights secured under [art. 114] of the Amendments to the Constitution.”
    1 later decision quote this exact passage
  3. “[n]o otherwise qualified handicapped [ 24 ] individual shall, solely by reason of his [or her] handicap, be excluded from the participation in, denied the benefits of, or be subject to discrimination under any program or activity within the commonwealth.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.