green
Positive treatment
Quoted verbatim 1×
6.2 score
G Cite
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989
2007
2026
Top citers, strongest first. 24 distinct citers.
How cited ↗
discussed
Cited "but see"
United States v. City and County of San Francisco
But see Gilbert v. City of Little Rock, 867 F.2d 1062 (8th Cir.1989) (en banc decision affirming, by equally divided vote, lower court decision capping witness fees under § 1988 at $30 per day), cert. denied, - U.S. -, 110 S.Ct. 57 , 107 L.Ed.2d 25 (1989). 24 .
discussed
Cited as authority (quoted)
Cooley v. United States
the question whether the discretionary function exception shields the government from liability is one of subject matter jurisdiction.
cited
Cited "see"
Ko v. Eva Airways Corp.
See Dworkin v. Hustler Magazine Inc., 867 F.2d 1188, 1192 (9th Cir.), cert. denied, 493 U.S. 812 , 110 S.Ct. 59 , 107 L.Ed.2d 26 (1989); see also Platt Elec.
discussed
Cited "see"
Jackson v. Post University, Inc.
(2×)
Accord Baker v. McDonald’s Corp., 686 F.Supp. 1474, 1481 (S.D.Fla.1987), aff 'd, 865 F.2d 1272 (11th Cir.1988), cert. denied, 493 U.S. 812 , 110 S.Ct. 57 , 107 L.Ed.2d 25 (1989).
cited
Cited "see"
Asmussen v. Commissioner, New Hampshire Department of Safety
See Nash v. Bowen, 869 F.2d 675, 680 (2d Cir.), cert. denied, 493 U.S. 812 (1989); Ass’n of Administrative Law Judges v. Heckler, 594 F. Supp. 1132, 1141 (D.D.C. .1984).
discussed
Cited "see"
In Re Pfohl Bros. Landfill Litigation
See Aetna Life Insurance Co. v. Borges, 869 F.2d 142 , 148 n. 8 (2d Cir.), cert. denied, 493 U.S. 811 , 110 S.Ct. 57 , 107 L.Ed.2d 25 (1989) (refusing to apply federal ERISA where state law was not inconsistent with federal law).
discussed
Cited "see"
State v. Sexton
(2×)
See Humanik v. Beyer, 871 F.2d 432, 440 (3rd Cir.), cert. denied, 493 U.S. 812 , 110 S.Ct. 57 , 107 L.Ed.2d 25 (1989). [I]n the situation where the element of the offense and the so-called “affirmative defense” pose the same ultimate issue and a state places the burden of persuasion on the defendant with respect to that ultimate issue____ [T]he relevance of the subsidiary facts in the case are the same and the sole significance of the defendants’ evidence concerning the so-called “affirmative defense” is to create a reasonable doubt about the existence of an element of the offense.
cited
Cited "see"
Jon L. George v. Pacific-Csc Work Furlough
See Dworkin v. Hustler Magazine, 867 F.2d 1188, 1200 (9th Cir.), cert. denied, 493 U.S. 812 , 110 S.Ct. 59 , 107 L.Ed.2d 26 (1989).
cited
Cited "see"
George v. Pacific-CSC Work Furlough
See Dworkin v. Hustler Magazine, 867 F.2d 1188, 1200 (9th Cir.), cert. denied, 493 U.S. 812 , 110 S.Ct. 59 , 107 L.Ed.2d 26 (1989).
discussed
Cited "see"
Mitchell v. Carrier Corp.
(2×)
See Baker v. McDonald’s Corp., 686 F.Supp. 1474 , 1480 n. 12 (S.D.Fla.1987), aff'd, 865 F.2d 1272 (11th Cir.1988), cert. denied, 493 U.S. 812 , 110 S.Ct. 57 , 107 L.Ed.2d 25 (1989).
discussed
Cited "see"
Amer Flint v. Beaumont Glass
Partnership v. Combe Inc., 955 F.2d 242, 245 (4th Cir. 1992); see 16 also International Brotherhood of Boilermakers, etc. v. Local Lodge D504, 866 F.2d 641 (3d Cir.), cert. denied, 493 U.S. 812 (1989); Tigg, 822 F.2d at 362 .
examined
Cited "see"
Thomas C. Ramseur v. Howard C. Beyer, Superintendent, New Jersey State Prison, Robert Del Tufo, New Jersey Attorney General
(4×)
See Humanik v. Beyer, 871 F.2d 432, 435 (3d Cir.1989), cert. denied, 493 U.S. 812 , 110 S.Ct. 57 , 107 L.Ed.2d 25 (1989).
discussed
Cited "see"
Dworkin v. L.F.P., Inc.
(2×)
See Dworkin v. Hustler Magazine, Inc., 867 F.2d 1188 (9th Cir. 1989), cert. denied, 493 U.S. 812 , 110 S.Ct. 59 , 107 L.Ed.2d 26 .
discussed
Cited "see"
Walters v. Pan American Life Insurance
See Aetna Life Insurance Company v. Borges, 869 F.2d 142, 148 (2d Cir.1989), cert. denied 493 U.S. 811 , 110 S.Ct. 57 , 107 L.Ed.2d 25 (1989); In re Life Insurance Company of North America, 857 F.2d 1190, 1194 (8th Cir.1988); Rasmussen v. Metropolitan Life Insurance Company, 675 F.Supp. 1497, 1506-07 (W.D.La.1987); Hanna v. Pan American Life Insurance Company, H89-0109(R) (S.D.Miss.
discussed
Cited "see, e.g."
Yadav v. Brookhaven National Laboratory
(2×)
See, e.g., Baker v. McDonald’s Corp., 686 F.Supp. 1474, 1481 (S.D.Fla.1987), aff'd 865 F.2d 1272 (11th Cir.1988), cert. denied, 493 U.S. 812 , 110 S.Ct. 57 , 107 L.Ed.2d 25 (1989).
discussed
Cited "see, e.g."
Local 450 v. International Union of Electronic, Electrical, Salaried, MacHine & Furniture Workers, AFL—CIO
See, e.g., Int’l Bhd. of Boilermakers v. Local Lodge D504, 866 F.2d 641 , 646-47 (3d Cir.1989) (constitutional provision equating disbanding with less than ten members remaining), cert. denied, 493 U.S. 812 , 110 S.Ct. 59 , 107 L.Ed.2d 27 (1989); Int’l Bhd. of Boilermakers v. Local Lodge D111, 858 F.2d 1559 , 1563-64 (11th Cir.1988) (same), cert. denied, 490 U.S. 1047 , 109 S.Ct. 1955 , 104 L.Ed.2d 424 (1989); Int’l Bhd. of Boilermakers v. Local Lodge D405, 699 F.Supp. 749, 755 (D.Ariz.1988) (forfeiture contemplated when less than ten active members remaining); Int’l Bhd. of Boilermake…
discussed
Cited "see, e.g."
American Flint Glass Workers Union, Afl-Cio Michael Sine Andy J. Hatfield v. Beaumont Glass Company Beaumont Company Pension Plan for Hourly Employees
Partnership v. Combe Inc., 955 F.2d 242, 245 (4th Cir.1992); see also International Brotherhood of Boilermakers, etc. v. Local Lodge D504, 866 F.2d 641 (3d Cir.), cert. denied, 493 U.S. 812 , 110 S.Ct. 59 , 107 L.Ed.2d 27 (1989); Tigg, 822 F.2d at 362.
discussed
Cited "see, e.g."
Barrett v. Hay
National Elevator Industry, Inc. v. Calhoon, supra, 957 F.2d at 1558-59 ; see also Aetna Life Insurance Co. v. Borges, 869 F.2d 142 (2d Cir.), cert. denied, 493 U.S. 811 , 110 S.Ct. 57 , 107 L.Ed.2d 25 (1989).
discussed
Cited "see, e.g."
Mian v. Donaldson, Lufkin & Jenrette Securities Corp.
(2×)
See, e.g., Baker v. McDonald's Corp., 686 F.Supp. 1474, 1481 (S.D.Fla.1987), aff'd 865 F.2d 1272 (11th Cir.1988), cert. denied, 493 U.S. 812 , 110 S.Ct. 57 , 107 L.Ed.2d 25 (1989). 9 The four elements of a § 1985(3) claim are: (1) a conspiracy; (2) for the purpose of depriving, either directly or indirectly, any person or class of persons of equal protection of the laws, or of equal privileges and immunities under the laws; (3) an act in furtherance of the conspiracy; (4) whereby a person is either injured in his person or property or deprived of any right of a citizen of the United States.
discussed
Cited "see, e.g."
Mian v. Donaldson, Lufkin & Jenrette Securities Corp.
(2×)
See, e.g., Baker v. McDonald’s Corp., 686 F.Supp. 1474, 1481 (S.D.Fla.1987), aff'd 865 F.2d 1272 (11th Cir.1988), cert. denied, 493 U.S. 812 , 110 S.Ct. 57 , 107 L.Ed.2d 25 (1989).
discussed
Cited "see, e.g."
Peoples Bank And Trust Company Of Mountain Home v. Globe International Publishing, Inc.
The Ninth Circuit also has noted that "the court must consider all of the circumstances surrounding the statement, including the medium by which the statement is disseminated and the audience to which it is published." Information Control Corp. v. Genesis One Computer Corp., 611 F.2d 781, 784 (9th Cir.1980) (emphasis added); see also Dworkin v. Hustler Magazine, Inc., 668 F.Supp. 1408, 1416 (C.D.Cal.1987) ("It is also important ... to consider the surrounding circumstances in which these statements were made, the medium by which they were published and the audience for which they were intended…
discussed
Cited "see, e.g."
Peoples Bank & Trust Company of Mountain Home v. Globe International Publishing, Inc.
The Ninth Circuit also has noted that “the court must consider all of the circumstances surrounding the statement, including the medium by which the statement is disseminated and the audience to which it is published." Information Control Corp. v. Genesis One Computer Corp., 611 F.2d 781, 784 (9th Cir. 1980) (emphasis added); see also Dworkin v. Hustler Magazine, Inc., 668 F.Supp. 1408, 1416 (C.D.Cal.1987) (“It is also important ... to consider the surrounding circumstances in which these statements were made, the medium by which they were published and the audience for which they were int…
discussed
Cited "see, e.g."
57 Fair empl.prac.cas. 280, 53 Empl. Prac. Dec. P 39,951 Fred B. Jackson, Pryor, Barry, Smith, and Karber, and Robert S. Blatt v. Rheem Manufacturing Company, Fred B. Jackson v. Rheem Manufacturing Company
When Jackson finally engaged the lawyers who represented him successfully at trial, they had "plenty of work ... at their hourly rates," and they were not induced to take Jackson's case on "[t]he contingent possibility of getting hourly fees." The lawyers agreed to represent Jackson only if they received his court-awarded fee and a percentage of his back pay recovery. 3 If Jackson is able to establish that "without an adjustment for risk [he] 'would have faced substantial difficulties in finding counsel in the local or other relevant market,' " Pennsylvania v. Delaware Valley Citizens' Council…
discussed
Cited "see, e.g."
Jackson v. Rheem Manufacturing Co.
If Jackson is able to establish that “without an adjustment for risk [he] ‘would have faced substantial difficulties in finding counsel in the local or other relevant market,’ ” Pennsylvania v. Delaware Valley Citizens’ Council for Clean Air, 483 U.S. 711, 733 , 107 S.Ct. 3078, 3099 , 97 L.Ed.2d 585 (1987) (O’Connor, J., concur ring in part and concurring in judgment) (quoting id. at 731 , 107 S.Ct. at 3096 ), he may be entitled to an enhancement of the lodestar to the extent “necessary to bring the fee within the range that would attract competent counsel.” Id. at 733 , 107 S.…
Retrieving the full opinion text from the archive…
Gilbert
v.
City of Little Rock
v.
City of Little Rock
No. 88-1886.
Supreme Court of the United States.
Oct 2, 1989.
Published
Citer courts: E.D. Tennessee (1)
C. A. 8th Cir. Certiorari denied.