Carl Turnbow v. Charles Bass Jim Rose Neil Rone Joe Spicer Harold Hutcheson Jimmy Hale, 948 F.2d 1290 (6th Cir. 1991). · Go Syfert
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Carl Turnbow v. Charles Bass Jim Rose Neil Rone Joe Spicer Harold Hutcheson Jimmy Hale, 948 F.2d 1290 (6th Cir. 1991). Cases Citing This Book View Copy Cite
“under the explicit language of 1132(g)(2), the award of reasonable attorneys' fees is mandatory, not discretionary. the language requires that the court 'will award' reasonable attorneys' fees when 'a judgment in favor of the plan is awarded.”
67 citation events (13 in the last 25 years) across 9 distinct courts.
Strongest positive: Trustees of the Roofers and Waterproofers Local No. 44 Pension Plan v. Southwest Refinishers, Inc. . (ohnd, 2021-04-01)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 7 distinct citers.
examined Cited as authority (quoted) Trustees of the Roofers and Waterproofers Local No. 44 Pension Plan v. Southwest Refinishers, Inc. .
N.D. Ohio · 2021 · quote attribution · 1 verbatim quote · confidence low
under the explicit language of 1132(g)(2), the award of reasonable attorneys' fees is mandatory, not discretionary. the language requires that the court 'will award' reasonable attorneys' fees when 'a judgment in favor of the plan is awarded.
cited Cited "see" Fox v. Massey-Ferguson, Inc.
E.D. Mich. · 1995 · signal: see · confidence high
See id. at 415 .
discussed Cited "see" Baragar v. State Farm Insurance
W.D. Mich. · 1994 · signal: see · confidence high
See Rodgers v. Flint Journal, 948 F.2d 1290 (6th Cir. 1991) (text at 1991 WL 243559 ) (court did not determine whether Toussaint applies to “wrongful demotions” because state law not clear and claim failed on other grounds); Truzzi v. Shell Oil Co., 857 F.2d 1475 (6th Cir.1988) (text at 1988 WL 94638 ) (court declined to decide whether Toussaint extended to “wrongful demotion” or constructive discharge because evidence was inadequate to establish claim); Walker . v. Consumers Power Co., 824 F.2d 499 (6th Cir. 1987), cert. denied, 484 U.S. 1011 , 108 S.Ct. 711 , 98 L.Ed.2d 661 (1988) (c…
discussed Cited "see, e.g." Elman v. Wright State University
S.D. Ohio · 2024 · signal: see, e.g. · confidence low
See, e.g., Trustees for Michigan Laborers Health Care Fund v. Eastern Concrete Paving Co., No. 90-2320, 948 F.2d 1290 (Table), 1991 WL 22476 , *2 (6th Cir. Oct. 31, 1991) (per curiam) (“Evidentiary hearings are not required in attorney's fees determinations.
discussed Cited "see, e.g." Sampson v. City of Xenia
S.D. Ohio · 1999 · signal: see also · confidence low
See also Richardson v. City of Dayton, 948 F.2d 1290 , 1991 WL 243562 (6th Cir. Nov.21, 1991) (recognizing that a District Court may resolve the probable cause issue on summary judgment).
discussed Cited "see, e.g." Golden v. Kelsey-Hayes Co.
E.D. Mich. · 1997 · signal: see also · confidence low
See also Sckalk v. Teledyne, 751 F.Supp. 1261, 1265-66 (W.D.Mich.1990) (rejecting the argument that general durational clause in insurance agreement controlled duration of retiree health care benefits.) off A 948 F.2d 1290 (6th Cir.1991); Fox v. Massey-Ferguson, Civil Action No. 93-CV-74615 (E.D.Mich.
discussed Cited "see, e.g." Hinckley v. Kelsey-Hayes Co.
E.D. Mich. · 1994 · signal: see also · confidence low
Helwig v. Kelsey-Hayes Co., 857 F.Supp. 1168 , 1174 n. 2 (E.D.Mich.1994) (minor benefit changes do not bar later suit on major changes); see also Schalk v. Teledyne, Inc., 751 F.Supp. 1261, 1266-67 (W.D.Mich.1990) (same), aff'd, 948 F.2d 1290 (6th Cir.1991).
Carl Turnbow
v.
Charles Bass Jim Rose Neil Rone Joe Spicer Harold Hutcheson Jimmy Hale
91-5101.
Court of Appeals for the Sixth Circuit.
Nov 29, 1991.
948 F.2d 1290
Unpublished
1 passage pin-cited by 1 case
Pinpoint authority: bottom 63%
Citer courts: N.D. Ohio (1)

948 F.2d 1290

NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
Carl TURNBOW, Plaintiff-Appellant,
v.
Charles BASS; Jim Rose; Neil Rone; Joe Spicer; Harold
Hutcheson; Jimmy Hale, Defendants-Appellees.

No. 91-5101.

United States Court of Appeals, Sixth Circuit.

Nov. 29, 1991.

1

Before KEITH, Circuit Judge, WELLFORD, Senior Circuit Judge, and GADOLA, District Judge.[*]

ORDER

2

The court having received a petition for rehearing en banc, and the petition having been circulated not only to the original panel members but also to all other active judges of this court, and no judge of this court having requested a vote on the suggestion for rehering en banc, the petition for rehearing has been referred to the original hearing panel.

3

The panel has further reviewed the petition for rehearing and concludes that the original order should be amended. Neither the district court's order granting summary judgment, nor our order affirming the grant of summary judgment, fully considered the issue of whether the Tennessee prison system did use or may use an irrebuttable presumption of a prisoner's guilt where contraband or weapons are found in the prisoner's cell. Therefore, we REMAND the case to the district court for a full analysis of the nature of this presumption and to determine its constitutionality. Accordingly, the petition is denied.

*

The Honorable Paul V. Gadola, United States District Judge for the Eastern District of Michigan, sitting by designation