green
Positive treatment
6.2 score
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989
2007
2026
Top citers, strongest first. 21 distinct citers.
How cited ↗
discussed
Cited "see"
Penford Corp. v. National Union Fire Insurance
See DeGeare v. Alpha Portland Indus., Inc., 837 F.2d 812, 816 (8th Cir.1988) (concluding that “[ajmbiguities should be construed against the drafter only if after application of ordinary rules of construction and. consideration of extrinsic evidence, the ambiguities remain”) vacated on other grounds sub nom., DeGeare v. Slattery Grp., 489 U.S. 1049 , 109 S.Ct. 1305 , 103 L.Ed.2d 575 (1989); see also Residential Mktg.
cited
Cited "see"
Krasny v. Bagga (In Re Jamuna Real Estate LLC)
See Saporito v. Combustion Engineering, 843 F.2d 666 , 673 (3d Cir.1988) rev’d on other grounds 489 U.S. 1049 , 109 S.Ct. 1306 , 103 L.Ed.2d 576 (1989).
cited
Cited "see"
Securities & Exchange Commission v. Lucent Technologies Inc.
See *716 Saporito v. Combustion Engineering Inc., 843 F.2d 666, 675 (3d Cir.1988), vacated on other grounds, 489 U.S. 1049 , 109 S.Ct. 1306 , 103 L.Ed.2d 576 (1989).
discussed
Cited "see"
Utility Workers, Local 369 v. NSTAR Electric & Gas Corp.
See DeGeare v. Alpha Portland Indus., Inc., 837 F.2d 812, 816 (8th Cir.1988) (holding employer’s promise that retiree benefits “will continue” did not create vested lifetime benefits in the face of a termination clause), vacated and remanded on other grounds, 489 U.S. 1049 , 109 S.Ct. 1305 , 103 L.Ed.2d 575 (1989).
cited
Cited "see"
Coonley v. Fortis Benefit Insurance
See DeGeare v. Slattery Group, Inc., 489 U.S. 1049 , 109 S.Ct. 1305 , 103 L.Ed.2d 575 (1989).
discussed
Cited "see"
Diehl v. Twin Disc
See In re Unisys Corp. Retiree Medical Benefit "ERISA" Litigation, 58 F.3d 896, 904 (3d Cir.1995) ("[T]he court found that seemingly inconsistent provisions, such as those permitting modification of the plan and those indicating that benefits last for life, must be construed to be harmonious.") (discussing DeGeare v. Alpha Portland Indus., Inc., 652 F.Supp. 946 (E.D.Mo.1986), aff'd, 837 F.2d 812 (8th Cir.1988), vacated and remanded on other grounds, 489 U.S. 1049 , 109 S.Ct. 1305 , 103 L.Ed.2d 575 (1989)).
discussed
Cited "see"
Diehl v. Twin Disc, Inc.
See In re Unisys Corp. Retiree Medical Benefit “ERISA” Litigation, 58 F.3d 896, 904 (3d Cir.1995) (“[T]he court found that seemingly inconsistent provisions, such as those permitting modification of the plan and those indicating, that benefits last for life, must be construed to be harmonious.”) (discussing DeGeare v. Alpha Portland Indus., Inc., 652 F.Supp. 946 (E.D.Mo.1986), aff'd, 837 F.2d 812 (8th Cir.1988), vacated and remanded on other grounds, 489 U.S. 1049 , 109 S.Ct. 1305 , 103 L.Ed.2d 575 (1989)).
discussed
Cited "see"
Federal Deposit Insurance v. Bathgate
Id. at 4-5 (see Bathgate defendants’ App. Ill at 1040-41); see Saporito v. Combustion Eng’g Inc., 843 F.2d 666 , 675 (3d Cir.1988) (“[a]lthough the appellants’ complaint does indicate the general content of the [allegedly fraudulent] representations ..., it does not indicate who the speakers were ... or who received the information”), vacated on other grounds, 489 U.S. 1049 , 109 S.Ct. 1306 , 103 L.Ed.2d 576 (1989).
discussed
Cited "see"
Federal Deposit Insurance Corporation, as Receiver for the First National Bank of Toms River, New Jersey v. Lawrence E. Bathgate, II Novasau Associates, a New Jersey Limited Partnership New Nas, Inc. T. Pamela Bathgate 54 Buena Vista Associates, a New Jersey Limited Partnership Tuscol Development, Inc., a New Jersey Corporation Old Monmouth Associates, a New Jersey Partnership Airport Associates, a New Jersey Partnership Gerald A. Gura the Club at West Deptford, a Limited Partnership, a New Jersey Limited Partnership State of New Jersey Columbia Savings and Loan Association Asset Recovery Management, Inc. William Bowman Associates, Inc. National Westminster Bank Nj, Successor to First Jersey National Bank/south. Lawrence E. Bathgate, II Novasau Associates New Nas, Inc. 54 Buena Vista Associates, a New Jersey Limited Partnership Tuscol Development, Inc., a New Jersey Corporation Old Monmouth Associates, a New Jersey Partnership, Third-Party v. William Barlow John C. Fellows, Jr. Ebert L. Hall Joseph P. Iaria David E. Johnson, Jr. Irene F. Kramer Jacqueline F. Pappas John F. Russo Leonard G. Lomell Office of the Comptroller of the Currency John McDougal Third-Party Federal Deposit Insurance Corporation, as Receiver for the First National Bank of Toms River v. Nla Associates Limited Partnership, a New Jersey Limited Partnership Lgp-I Limited Partnership, a New Jersey Limited Partnership Lgp-I Capital Corp., a New Jersey Corporation New Nas, Inc. Lawrence E. Bathgate, II Alan B. Landis Novasau Associates, a Limited Partnership, a New Jersey Limited Partnership. Lawrence Bathgate, II Novasau Associates, Limited Partnership New Nas, Inc. 54 Buena Vista Associates Tuscol Development, Inc. And Old Monmouth Associates (The Bathgate Defendants)
Id. at 4-5 (see Bathgate defendants' App. III at 1040-41); see Saporito v. Combustion Eng'g Inc., 843 F.2d 666 , 675 (3d Cir.1988) ("[a]lthough the appellants' complaint does indicate the general content of the [allegedly fraudulent] representations ..., it does not indicate who the speakers were ... or who received the information"), vacated on other grounds, 489 U.S. 1049 , 109 S.Ct. 1306 , 103 L.Ed.2d 576 (1989).
discussed
Cited "see"
Mayor and Council v. Klockner & Klockner
See Saporito v. Combustion Engineering Inc., 843 F.2d 666, 675 (3d Cir.1988) (leave to amend should be granted in order to allow the pleader an opportunity to provide greater specificity), vacated on other grounds, 489 U.S. 1049 , 109 S.Ct. 1306 , 103 L.Ed.2d 576 (1989). 7.
discussed
Cited "see"
Katzoff v. Eastern Wire Products Co.
See Saporito v. Combustion Engineering, Inc., 843 F.2d 666 (3d Cir.1988) (although plaintiffs did not have standing to challenge as participants of plan from which they had received lump sum benefits, they did have standing under second plan whose existence was concealed from them, since but for the fraud they would have been members of that plan), vacated, 489 U.S. 1049 , 109 S.Ct. 1306 , 103 L.Ed.2d 576 (1989) (vacated for reconsideration in light of Supreme Court’s decision in Firestone); Young v. AT & T Transition Protection Payment Plan, 1989 WL 675 (D.N.J.1989) (plaintiff had standing …
cited
Cited "see"
Lerch v. Citizens First Bancorp., Inc.
Seville, 742 F.2d at 791; accord Saporito v. Combustion Engineering, Inc., 843 F.2d 666, 674 (3rd Cir.1988), vacated on other grounds, 489 U.S. 1049 , 109 S.Ct. 1306 , 103 L.Ed.2d 576 (1989).
discussed
Cited "see"
Philip Banks v. Donald Wolk, Brad Cohen, Larry Cohen, First Fidelity Insurance Corp., James Weiner, Esquire, First Fidelity Financial Group
See Saporito v. Combustion Eng’g Inc., 843 F.2d 666 , 673-76 (3d Cir.1988), vacated on other grounds, 489 U.S. 1049 , 109 S.Ct. 1306 , 103 L.Ed.2d 576 (1989) (blanket allegation of mail and wire fraud in RICO case, without indicating who made or received fraudulent representation, is insufficient under Rule 9(b)); see also Seville Indus.
cited
Cited "see"
State v. Daniel
See Meadows v. Holland, 831 F.2d 493, 498 (4th Cir.1987), cert, granted and judgment vacated, 489 U.S. 1049 , 109 S.Ct. 1306 , 103 L.Ed.2d 575 (1989).
cited
Cited "see, e.g."
Mayor and City Council of Balt v. Alex Azar, II
See, e.g., Meadows v. Holland, 831 F.2d 493, 494 (4th Cir. 1987) (initial hearing en banc), vacated on other 5 grounds, 489 U.S. 1049 (1989).
discussed
Cited "see, e.g."
Dershaw v. Ciardi (In re Rite Way Electric, Inc.)
See Federal Rule of Civil Procedure 9(b) (requiring that allegations of fraud be pleaded with specificity); see also Saporito v. Combustion Engineering, 843 F.2d 666 , 673 (3d Cir.1988) rev’d on other grounds 489 U.S. 1049 , 109 S.Ct. 1306 , 103 L.Ed.2d 576 (1989).
discussed
Cited "see, e.g."
Rosen v. Communication Services Group, Inc.
Corp., 742 F.2d 786 , 791 (3d Cir.1984); compare Seville, 742 F.2d at 791 (rule satisfied where complaint listed the specific pieces of equipment that were the subject of the alleged fraud, what equipment was involved in each of several alleged fraudulent transactions, and gave the content of the alleged misrepresentations), with Saporito v. Combustion Eng’g Inc., 843 F.2d 666 , 675 (3d Cir.1988), vacated on other grounds, 489 U.S. 1049 , 109 S.Ct. 1306 , 103 L.Ed.2d 576 (1989) (complaint dismissed where it alleged “the general content of the representations,” but did not specify “who …
discussed
Cited "see, e.g."
A-Valey Engineers, Inc. v. Board of Chosen Freeholders
Stewart v. Associates Consumer Discount Co., 1 F.Supp.2d 469, 474 (E.D.Pa.1998); see also Saporito v. Combustion Engineering Inc., 843 F.2d 666, 673 (3d Cir.1988), vacated on other grounds, 489 U.S. 1049 , 109 S.Ct. 1306 , 103 L.Ed.2d 576 (1989).
discussed
Cited "see, e.g."
Eli Lilly and Co. v. Roussel Corp.
Alternatively, plaintiffs must use some means of “injecting precision and some measure of substantiation into their allegations of fraud.” Seville, 742 F.2d at 791 (holding that the plaintiff satisfied Rule 9(b) “by incorporating into the complaint a list identifying with great specificity the pieces of machinery that were the subject of the alleged fraud”); see also Saporito v. Combustion Eng’g, Inc., 843 F.2d 666 , 675 (3d Cir.1988), vacated on other grounds, 489 U.S. 1049 , 109 S.Ct. 1306 , 103 L.Ed.2d 576 (1989) (Rule 9(b) requires “detailed allegations” of fraud).
cited
Cited "see, e.g."
Jacobs v. Pickands Mather & Co.
See, e.g., DeGeare v. Alpha Portland Indus., 837 F.2d 812, 814-15 (8th Cir.1988), vacated and remanded, 489 U.S. 1049 , 109 S.Ct. 1305 , 103 L.Ed.2d 575 (1989).
Retrieving the full opinion text from the archive…
Massachusetts
v.
Gray, Trustee in Bankruptcy of Newbury Cafe, Inc., dba 29 Newbury
v.
Gray, Trustee in Bankruptcy of Newbury Cafe, Inc., dba 29 Newbury
No. 87-1784.
Supreme Court of the United States.
Feb 27, 1989.
489 U.S. 1049
Published
C. A. 1st Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of United States v. Ron Pair Enterprises, Inc., ante, p. 235.