Theresa K. Hardy v. Louis Sullivan, Dep't of Hhs, 889 F.2d 291 (D.C. Cir. 1989). · Go Syfert
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Theresa K. Hardy v. Louis Sullivan, Dep't of Hhs, 889 F.2d 291 (D.C. Cir. 1989). Cases Citing This Book View Copy Cite
“n balancing the equities in this case, it is appropriate for the court to consider the attempts at mitigation”
44 citation events (15 in the last 25 years) across 8 distinct courts.
Strongest positive: Manzanita Band of the Kumeyaay Nation v. Wolf (dcd, 2020-10-16)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (quoted) Manzanita Band of the Kumeyaay Nation v. Wolf
D.D.C. · 2020 · quote attribution · 1 verbatim quote · confidence low
n balancing the equities in this case, it is appropriate for the court to consider the attempts at mitigation
discussed Cited "see" Standing Rock Sioux Tribe v. United States Army Corps of Engineers
D.D.C. · 2018 · signal: see · confidence high
See Macht v. Skinner, 715 F.Supp. 1131, 1135 (D.D.C. 1989), aff'd, 889 F.2d 291 (D.C.
discussed Cited "see" Standing Rock Sioux Tribe v. U.S. Army Corps of Eng'rs
unknown court · 2018 · signal: see · confidence high
See Macht v. Skinner , 715 F.Supp. 1131 , 1135 (D.D.C. 1989), aff'd , 889 F.2d 291 (D.C.
cited Cited "see" Freedom Republicans, Inc. v. Federal Election Commission
D.D.C. · 1992 · signal: see · confidence high
See Abramson v. Bennett, 707 F.Supp. 13, 15-16 (D.D.C.1989), aff 'd, 889 F.2d 291 (D.C.Cir.1989).
cited Cited "see, e.g." Jones v. United States of America
D.D.C. · 2013 · signal: see, e.g. · confidence low
See, e.g., Abramson v. Bennett, 707 F.Supp. 13, 16 (D.D.C.1989), aff 'd 889 F.2d 291 (D.C.Cir.1989).
discussed Cited "see, e.g." Railway Labor Executives' Ass'n v. Chesapeake Western Railway
E.D. Va. · 1990 · signal: see also · confidence low
Conrail, 109 S.Ct. at 2485 (finding minor dispute solely on the ground that contested action was arguably justified by “implied contractual terms, as interpreted in light of past practice”); see also Air Line Pilots Ass’n Int’l v. Eastern Air Dines, Inc., 863 F.2d 891, 896 (D.C.Cir. 1988) (court must consider express contract in light of past practices), aff'd, 889 F.2d 291 (D.C.Cir.1989); RLEA v. Norfolk & Western Ry.
Retrieving the full opinion text from the archive…
Theresa K. Hardy
v.
Louis Sullivan, Dep't of Hhs
86-5717.
Court of Appeals for the D.C. Circuit.
Nov 17, 1989.
889 F.2d 291
Cited by 6 opinions  |  Unpublished
1 passage pin-cited by 1 case
Pinpoint authority: bottom 82%
Citer courts: District of Columbia (1)

889 F.2d 291

281 U.S.App.D.C. 276

Unpublished Disposition
NOTICE: D.C. Circuit Local Rule 11(c) states that unpublished orders, judgments, and explanatory memoranda may not be cited as precedents, but counsel may refer to unpublished dispositions when the binding or preclusive effect of the disposition, rather than its quality as precedent, is relevant.
Theresa K. HARDY, Appellant,
v.
Louis SULLIVAN, Dep't of HHS, Appellee.

No. 86-5717.

United States Court of Appeals, District of Columbia Circuit.

Nov. 17, 1989.

Before WALD, Chief Judge, and D.H. GINSBURG and SENTELLE, Circuit Judges.

JUDGMENT

1

This appeal was considered on the record from the United States Magistrate and on the briefs and oral arguments of counsel. The Court has determined that the issues presented occasion no need for a published opinion. See D.C.Cir.Rule 14(c).

2

Appellant's claim is made under the Equal Pay Act of 1963, 29 U.S.C. Sec. 206(d)1 (1982).[1] The Magistrate made a factual finding that Appellant's duties were not substantially equal to those of her predecessors. A finding of substantial equality is necessary to an Equal Pay Act claim. See Corning Glass Works v. Brennan, 417 U.S. 188 (1973); Goodrich v. International Brotherhood of Elec. Workers, 815 F.2d 1519, 1524 (D.C.Cir.1987). We review the Magistrate's factual findings in Equal Pay Act cases under a "clearly erroneous" standard. See Goodrich, 815 F.2d at 1524; Thompson v. Sawyer, 678 F.2d 257, 274 (D.C.Cir.1982); Laffey v. Northwest Airlines, Inc., 567 F.2d 429, 453 (D.C.Cir.1976), cert. denied, 434 U.S. 1086 (1978). As we said in Goodrich, "[t]he requirement that factual findings be upheld unless clearly erroneous, Fed.R.Civ.P. 52(a), constrains our review of the evidence." Goodrich, 815 F.2d at 1524. After review of the evidence, we conclude that the Magistrate was not clearly erroneous in his finding. Therefore, it is

3

ORDERED and ADJUDGED by the Court that the grant of Appellee's motion for a directed verdict pursuant to 41(b) Fed.R.Civ.P. is AFFIRMED.

1

Appellant also made a claim under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Sec. 2000e-16 (1982). We conclude that the Magistrate did not err in his conclusion that Appellant failed to make out a prima facie case under Title VII