green
Positive treatment
Quoted verbatim 2×
9.1 score
G Cite
cited 2× by 2 distinct cases, last quoted 1992 ·
…agency decisions that depart from established precedent without a reasoned explanation will be vacated as arbitrary and capricious.
⚠ not in text
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989
2007
2026
Top citers, strongest first. 18 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Diaz-Resendez v. I.N.S.
agency decisions that depart from established precedent without a reasoned explanation will be vacated as arbitrary and capricious.
discussed
Cited as authority (quoted)
Benedictor Diaz-Resendez v. Immigration & Naturalization Service
agency decisions that depart from established precedent without a reasoned explanation will be vacated as arbitrary and capricious.
cited
Cited "see"
Hayes v. WDL TECHNOLOGIES, INC.
See Patel v. Quality Inn South, 846 F.2d 700, 705-06 (11th Cir.1988), cert. denied, 489 U.S. 1011 , 109 S.Ct. 1120 , 103 L.Ed.2d 182 (1989).
cited
Cited "see"
Dowling v. Slotnik
Fuel Oil Buyers Group, Inc., 134 F.3d 50, 55 (2d Cir. 1997); see Patel v. Quality Inn South, 846 F.2d 700, 704 (11th Cir. 1988), cert. denied, 489 U.S. 1011 , 109 S. Ct. 1120 , 103 L.
discussed
Cited "see"
Detroit Branch v. Detroit Police Officers Association
See Anthony v. Bowen, 848 F.2d 1278 (D.C.Cir.1988), cert. denied, 489 U.S. 1011 , 109 S.Ct. 1119 , 103 L.Ed.2d 182 (1989); S-1 and S-2 v. State Board of Education, 21 F.3d 49 (4th Cir.) (en banc), cert. denied, --- U.S. ----, 115 S.Ct. 205 , 130 L.Ed.2d 135 (1994); Falcon v. General Tel.
discussed
Cited "see"
N.A.A.C.P., Detroit Branch v. Detroit Police Officers Ass'n (D.P.O.A.)
See Anthony v. Bowen, 848 F.2d 1278 (D.C.Cir.1988), ce rt. denied, 489 U.S. 1011 , 109 S.Ct. 1119 , 103 L.Ed.2d 182 (1989); S-1 and S-2 v. State Board of Education, 21 F.3d 49 (4th Cir.) (en banc), cert. denied, — U.S.-, 115 S.Ct. 205 , 130 L.Ed.2d 135 (1994); Falcon v. General Tel.
examined
Cited "see"
Disabled American Veterans v. Commissioner of Internal Revenue
(4×)
See Graphic Communications Int’l Union, Local 554 v. Salem-Gravure, 843 F.2d 1490 , 1493 (D.C.Cir.1988), cert. denied, 489 U.S. 1011 , 109 S.Ct. 1119 , 103 L.Ed.2d 182 (1989); Brock v. Williams Enter., 832 F.2d 567, 574 (11th Cir.1987).
discussed
Cited "see"
United States v. Calabrese
See Justice O'Connor's concurring opinion, 455 U.S. at 221 , 102 S.Ct. at 948, which is discussed below 3 See also Person v. Miller, 854 F.2d 656, 664 (4th Cir.1988) ("[T]he doctrine of implied bias is limited in application to those extreme situations where the relationship between a prospective juror and some aspect of the litigation is such that it is highly unlikely that the average person could remain impartial in his deliberations under the circumstances."), cert. denied, 489 U.S. 1011 , 109 S.Ct. 1119 , 103 L.Ed.2d 182 (1989); United States v. Allsup, 566 F.2d 68, 71-72 (9th Cir.1977) (…
discussed
Cited "see"
Jesse T. Duke Sidney W. Fox v. Uniroyal Incorporated Uniroyal Chemical Company, Incorporated, and Norman R. Barden Joseph R. Bishop, (Two Cases) Sidney W. Fox, Jesse T. Duke v. Uniroyal Incorporated Uniroyal Chemical Company, Incorporated, and Norman R. Barden Joseph R. Bishop, Jesse T. Duke Sidney W. Fox v. Uniroyal Incorporated Uniroyal Chemical Company, Incorporated, and Norman R. Barden Joseph R. Bishop
See Person v. Miller, 854 F.2d 656, 665 (4th Cir.1988) (denial of severance motion is an abuse of discretion only if denial deprives defendant of fair trial), cert. denied, 489 U.S. 1011 , 109 S.Ct. 1119 , 103 L.Ed.2d 182 (1989).
discussed
Cited "see"
Duke v. Uniroyal Inc.
See Person v. Miller, 854 F.2d 656, 665 (4th Cir.1988) (denial of severance motion is an abuse of discretion only if denial deprives defendant of fair trial), cert. denied, 489 U.S. 1011 , 109 S.Ct. 1119 , 103 L.Ed.2d 182 (1989).
discussed
Cited "see"
Elizabeth Dole, Secretary of Labor, United States Department of Labor v. Karen Snell and Gerald Snell, Individuals Doing Business as Cakes by Karen
See Patel v. Quality Inn South, 846 F.2d 700, 702 (11th Cir.1988), cert. denied, — U.S. -, 109 S.Ct. 1120 , 103 L.Ed.2d 182 (1989); Brock v. Superior Care, Inc., 840 F.2d 1054, 1058 (2nd Cir.1988); Donovan v. Williams Oil, Co., 717 F.2d 503, 504-05 (10th Cir.1983); Real v. Driscoll Strawberry Associates, Inc., 603 F.2d 748, 754 (9th Cir.1979); Shultz v. Mistletoe Express Service, Inc., 434 F.2d 1267, 1270 (10th Cir.1970).
discussed
Cited "see, e.g."
Gonzales v. Thomas
We are looking for similarities that would inherently create in a juror a “substantial emotional involvement, adversely affecting impartiality.” Allsup, 566 F.2d at 71; see Burton, 948 F.2d at 1159 (noting “the inherently prejudicial nature” of the juror’s own situation); see also Person v. Miller, 854 F.2d 656, 664 (4th Cir.1988) (inquiring whether “it is highly unlikely that the average person could remain impartial in his deliberations under the circumstances”), cert. denied, 489 U.S. 1011 , 109 S.Ct. 1119 , 103 L.Ed.2d 182 (1989).
discussed
Cited "see, e.g."
Obiora E. Egbuna v. Time-Life Libraries, Incorporated, Equal Employment Opportunity Commission, Amicus Curiae
The court then considered whether the enactment of the IRCA altered the scope of Title VII's protections, and concluded that "Congress did not intend that the IRCA amend or repeal any of the previously legislated protections of the federal labor and employment laws accorded to aliens, documented or undocumented, including the protections of Title VII." Id. at 592-94 ; see also EEOC v. Hacienda Hotel, 881 F.2d 1504 , 1517 n. 10 & n. 11 (9th Cir.1989) (assuming, without deciding, "that the undocumented workers in this case were entitled to the protections of Title VII," but noting that the IRCA …
discussed
Cited "see, e.g."
Del Rey Tortilleria, Inc. v. National Labor Relations Board
Sure-Tan, 467 U.S. at 912 , 104 S.Ct. at 2819 (Brennan, J., dissenting); see also Patel v. Quality Inn South, 846 F.2d 700, 704-05 (11th Cir.1988) (concluding that Fair Labor Standards Act applies to undocumented aliens and permits recovery of unpaid minimum wages), cert. denied, 489 U.S. 1011 , 109 S.Ct. 1120 , 103 L.Ed.2d 182 (1989). 53 It is true that this policy analysis did not carry the day when applied to the backpay remedy at issue in Sure-Tan.
discussed
Cited "see, e.g."
Del Rey Tortilleria, Inc. v. National Labor Relations Board
Sure-Tan, 467 U.S. at 912, 104 S.Ct. at 2819 (Brennan, J., dissenting); see also Patel v. Quality Inn South, 846 F.2d 700, 704-05 (11th Cir.1988) (concluding that Fair Labor Standards Act applies to undocumented aliens and permits recovery of unpaid minimum wages), cert. denied, 489 U.S. 1011 , 109 S.Ct. 1120 , 103 L.Ed.2d 182 (1989).
discussed
Cited "see, e.g."
United States v. Calabrese
See also Person v. Miller, 854 F.2d 656, 664 (4th Cir.1988) ("[T]he doctrine of implied bias is limited in application to those extreme situations where the relationship between a prospective juror and some aspect of the litigation is such that it is highly unlikely that the average person could remain impartial in his deliberations under the circumstances.”), cert. denied, 489 U.S. 1011 , 109 S.Ct. 1119 , 103 L.Ed.2d 182 (1989); United States v. Allsup, 566 F.2d 68, 71-72 (9th Cir.1977) (implied bias justified an excu-sal for cause where ‘‘[t]he potential for substantial emotional invol…
cited
Cited "see, e.g."
O'BRANNON v. State
See also Person v. Miller, 854 F.2d 656 (4th Cir.1988), cert. denied, 489 U.S. 1011 , 109 S.Ct. 1119 , 103 L.Ed.2d 182 (1989).
discussed
Cited "see, e.g."
Mester Manufacturing Company v. Immigration and Naturalization Service
See, e.g., Patel v. Quality Inn South, 846 F.2d 700, 704-05 (11th Cir.1988) (Fair Labor Standards Act’s coverage of undocumented aliens not repealed by IRCA), cert. denied, — U.S. -, 109 S.Ct. 1120 , 103 L.Ed.2d 182 (1989).
Retrieving the full opinion text from the archive…
Anthony
v.
Newman, Acting Secretary, United States Department of Health and Human Services
v.
Newman, Acting Secretary, United States Department of Health and Human Services
No. 88-803.
Supreme Court of the United States.
Feb 21, 1989.
Published
Citer courts: Fifth Circuit (2)
C. A. D. C. Cir. Certiorari denied.