green
Positive treatment
Quoted verbatim 4×
9.1 score
G Cite
cited 6× by 2 distinct cases ·
"concerted activity" encompasses only "those circumstances where individual employees seek to initiate or to induce or to prepare for group action, as well as individual employees bringing truly group complaints to the attention of management"
cited 3× by 1 distinct case ·
“a psychiatrist may not testify to the credibility of a witness; that issue is for the jury”
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989
2007
2026
Top citers, strongest first. 27 distinct citers.
discussed
Cited "but see"
J.C. Bradford Futures, Inc. v. Dahlonega Mint, Inc.
Although a broker "operating a discretionary account--in which the broker determines which investments to make--is viewed as a fiduciary[,]" Commodity Futures Trading Comm'n v. Heritage Capital Advisory Serv., Ltd., 823 F.2d 171 , 173 (7th Cir.1987), it is generally accepted that "no fiduciary duty arises between a broker and his client in relation to a non-discretionary commodity trading account." 9 Greenwood v. Dittmer, 776 F.2d 785, 788 (8th Cir.1985) (applying Arkansas law); accord Heritage Capital, 823 F.2d at 173; Leib v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 461 F.Supp. 951, 952-…
discussed
Cited as authority (quoted)
In re Acis Capital Mgmt., L.P.
e rule that a bankruptcy court retains jurisdiction to conduct proceedings intended to enforce order until such time as the enforcement of the order has been stayed.
examined
Cited as authority (quoted)
National Labor Relations Board v. Mini-Togs, Inc., Luv-N-Care, Inc., and Embroideries, Inc., a Single Employer
concerted activity" encompasses only "those circumstances where individual employees seek to initiate or to induce or to prepare for group action, as well as individual employees bringing truly group complaints to the attention of management
examined
Cited as authority (quoted)
N.L.R.B. v. Mini-Togs, Inc.
concerted activity" encompasses only "those circumstances where individual employees seek to initiate or to induce or to prepare for group action, as well as individual employees bringing truly group complaints to the attention of management
discussed
Cited as authority (quoted)
United States v. Sessa
a psychiatrist may not testify to the credibility of a witness; that issue is for the jury
discussed
Cited "see"
Western Reserve Life Assurance Co. of Ohio v. Graben
See Romano v. Merrill Lynch, Pierce, Fenner & Smith, 834 F.2d 523, 530 (5th Cir.1987), cert. denied, 487 U.S. 1205 , 108 S.Ct. 2846 , 101 L.Ed.2d 883 (1988); Hand v. Dean Witter Reynolds, Inc., 889 S.W.2d 483 , 492 n. 5 (Tex.App.-Houston [14th Dist.] 1994, writ denied) (stating that the relationship between an agent and a principal is a fiduciary one); Robinson v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 337 F.Supp. 107, 111 (N.D.Ala.1971), aff'd, 453 F.2d 417 (5th Cir.1972) (stating that broker/dealer who also acts as an investment advisor occupies a fiduciary relationship).
discussed
Cited "see"
Western Reserve Life Assurance Company of Ohio, Intersecurities, Inc., and Timothy Hutton v. David Graben and Frank Strickler
See Romano v. Merrill Lynch, Pierce, Fenner & Smith , 834 F.2d 523, 530 (5th Cir. 1987), cert. denied , 487 U.S. 1205 (1988); Hand v. Dean Witter Reynolds, Inc ., 889 S.W.2d 483 , 492 n.5 (Tex. App.—Houston [14th Dist.] 1994, writ denied) (stating that the relationship between an agent and a principal is a fiduciary one); Robinson v. Merrill Lynch, Pierce, Fenner & Smith, Inc ., 337 F. Supp. 107, 111 (N.D.
cited
Cited "see"
Thomas v. Jones Restaurants, Inc.
See Brock v. Norman’s Country Mkt., Inc., 835 F.2d 823, 825 (11th Cir.), cert. denied, 487 U.S. 1205 , 108 S.Ct. 2845 , 101 L.Ed.2d 883 (1988).
discussed
Cited "see"
Evans v. Smith
(2×)
See United States v. Cecil, 836 F.2d 1431, 1444-55 (4th Cir.1988) (en banc), cert. denied, 487 U.S. 1205 , 108 S.Ct. 2846 , 101 L.Ed.2d 883 (1988).
cited
Cited "see"
Lovell v. State
See United States v. Cecil, 836 F.2d 1431 (4th Cir.), cert. denied, 487 U.S. 1205 , 108 *666 S.Ct. 2846, 101 L.Ed.2d 883 (1988).
cited
Cited "see"
Barbara A. Koch, Individually James P. Koch, as Husband and Wife v. Sports Health Home Care Corporation, D/B/A Medi
See United States v. Cecil, 836 F.2d 1431, 1441 (4th Cir.), cert. denied, 487 U.S. 1205 (1988).
cited
Cited "see"
United States v. Todd Hayes, United States of America v. Keith Hayes
See United States v. Cecil, 836 F.2d 1431, 1444-52 (4th Cir.), cert. denied, 487 U.S. 1205 (1988).
cited
Cited "see"
Meyer v. Worsley Companies, Inc.
See Brock v. Norman’s Country Market, Inc., 835 F.2d 823, 825-26 (11th Cir.), cert. denied, 487 U.S. 1205 , 108 S.Ct. 2845 , 101 L.Ed.2d 883 (1988).
discussed
Cited "see"
United States v. West
(2×)
See Whitfield v. Pennington, 832 F.2d 909, 913 (5th Cir.1987) (“A party may be held in contempt if he violates a definite and specific court order requiring him to perform or refrain from performing a particular act or acts with knowledge of that order.”), cert. denied, 487 U.S. 1205 , 108 S.Ct. 2846 , 101 L.Ed.2d 883 (1988); see also In re Holloway, 995 F.2d 1080, 1097 (D.C.Cir.1993) (Mikva, J., dissenting) (“[T]rial attorneys are ethically obligated to argue with the court, to challenge its actions, and to attempt to change its mind.”), cert. denied, _ U.S _, 114 S.Ct. 1537 , 128 L.E…
discussed
Cited "see"
Matter of Hipp, Inc.
See In re Lamarre, 494 F.2d 753 (6th Cir.1974) (order entered in open court in presence of defendant may be enforced by criminal contempt). 5 United States v. Revie, 834 F.2d 1198, 1201 (5th Cir.1987), cert. denied, 487 U.S. 1205 , 108 S.Ct. 2845 , 101 L.Ed.2d 882 (1988). two notices of lis pendens against Hipp estate property, both of which were dated and filed on October 22, 1987.
discussed
Cited "see"
Matter of Hipp, Inc.
See In re Lamarre, 494 F.2d 753 (6th Cir.1974) (order entered in open court in presence of defendant may be enforced by criminal contempt). 5 United States v. Revie, 834 F.2d 1198, 1201 (5th Cir.1987), cert. denied, 487 U.S. 1205 , 108 S.Ct. 2845 , 101 L.Ed.2d 882 (1988). two notices of lis pendens against Hipp estate property, both of which were dated and filed on October 22, 1987.
cited
Cited "see"
United States v. Anthony J. Brown
See United States v. Cecil, 836 F.2d 1431, 1446 (4th Cir.), cert. denied, 487 U.S. 1205 (1988); Goodson v. United States, 564 F.2d 1071, 1072 (4th Cir.1977).
cited
Cited "see"
United States v. Vega-Penarete
See United States v. Cecil, 836 F.2d 1431, 1444 (4th Cir.1988), cert. denied, 487 U.S. 1205 , 108 S.Ct. 2846 , 101 L.Ed.2d 883 (1988).
cited
Cited "see"
Bobby Marion Francis v. Richard L. Dugger, Secretary, Florida Department of Corrections
See Agan v. Dugger, 835 F.2d 1337, 1338 (11th Cir.1987), cert. denied, 487 U.S. 1205 , 108 S.Ct. 2846 , 101 L.Ed.2d 884 (1988).
cited
Cited "see"
State v. Pelican
See generally United States v. Cecil, 836 F.2d 1431, 1444-52 (4th Cir.) (detailed discussion of exclusively using voter registration lists), cert. denied, 487 U.S. 1205 (1988).
discussed
Cited "see"
Harris v. District of Columbia
See Brock v. The Norman’s Country Market, Inc., 835 F.2d 823, 826 (11th Cir.), cert. denied, 487 U.S. 1205 , 108 S.Ct. 2845 , 101 L.Ed.2d 883 (1988) (upholding conclusion that employees classified as department managers did not meet executive exemption); See albo Fire Fighters Local 2141 v. City of Alexandria, Va., 720 F.Supp. 1230, 1233 (E.D.Va.1989) (although several types of police sergeants and fire department lieutenants “are in charge of the unit they supervise,” when duties examined from “perspective of their role within the entire fire or police department and when factor *262 …
discussed
Cited "see"
Agan v. State
See Agan v. Dugger, 835 F.2d 1337 (11th Cir.1987), cert. denied, 487 U.S. 1205 , 108 S.Ct. 2846 , 101 L.Ed.2d 884 (1988); Agan v. Dugger, 828 F.2d 1496 (Fla. 1987); Agan v. Dugger, 508 So.2d 11 (Fla. 1987); Agan v. State, 503 So.2d 1254 (Fla. 1987); In re Agan, 466 So.2d 217 (Fla. 1985) (mem.); Agan v. State, 445 So.2d 326 (Fla. 1983), cert. denied, 469 U.S. 873 , 105 S.Ct. 225 , 83 L.Ed.2d 154 (1984).
discussed
Cited "see, e.g."
Patsos v. First Albany Corp.
See, e.g., Romano v. Merrill Lynch, Pierce, Fenner & Smith, 834 F.2d 523, 530 (5th Cir. 1987), cert, denied, 487 U.S. 1205 (1988) (under Federal securities law, “a broker does owe his client a fiduciary duty”); O’Malley v. Boris, 742 A.2d 845, 849 (Del. 1999) (because the relationship between a customer and stockbroker is that of principal and agent, the broker, as agent, has a fiduciary duty to carry out the customer’s instructions promptly and accurately).
discussed
Cited "see, e.g."
United States v. Morillo
United States v. Toner, 728 F.2d 115 (2d Cir.1984) (no denial of equal protection to omit aliens from juries); United States v. Gordon-Nikkar, 518 F.2d 972 (5th Cir.1975) (no denial of Sixth Amendment right by failure to have resident aliens in juries, though defendants were of Cuban origin and 30% of Miami’s population were resident aliens of Cuban descent); United States v. Afflerbach, 754 F.2d 866 (10th Cir.1985), cert. denied, 472 U.S. 1029 , 105 S.Ct. 3506 , 87 L.Ed.2d 636 (1985) (no Sixth Amendment violation excluding non-registered voters from jury pool because persons who do not regi…
discussed
Cited "see, e.g."
United States v. Cutler
United States v. Turner, 812 F.2d 1552, 1565 (11th Cir.1987); see also United States v. Revie, 834 F.2d 1198, 1201 (5th Cir.1987), cert. denied, 487 U.S. 1205 , 108 S.Ct. 2845 , 101 L.Ed.2d 882 (1988).
cited
Cited "see, e.g."
State v. Fredericks
See, e.g., United States v. Cecil, 836 F.2d 1431 (4th Cir.), cert. denied, 487 U.S. 1205 , 108 S.Ct. 2846 , 101 L.Ed.2d 883 (1988).
discussed
Cited "see, e.g."
United States v. Cutler
United States v. Turner, 812 F.2d 1552, 1565 (11th Cir.1987); see also United States v. Revie, 834 F.2d 1198, 1201 (5th Cir.1987) (“Determining whether or not an order is specific requires a factual inquiry into the reasonableness of the order’s specificity, given the context in which it was issued.”), cert. denied, 487 U.S. 1205 , 108 S.Ct. 2845 , 101 L.Ed.2d 882 (1988).
Dugger, Secretary, Florida Department of Corrections
v.
Agan
v.
Agan
No. 87-1669.
Supreme Court of the United States.
Jun 20, 1988.
Published
Citer courts: Fifth Circuit (2) · E.D. New York (1)
C. Á. 11th Cir. Certiorari denied.