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Positive treatment
4.2 score
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995
2010
2026
Top citers, strongest first. 14 distinct citers.
How cited ↗
discussed
Cited "see"
Jensen v. Lawler
(2×)
See Louisiana Power & Light Co. v. Kellstrom, 50 F.3d 319, 332 (5th Cir.), cert. denied, 516 U.S. 862 , 116 S.Ct. 173 , 133 L.Ed.2d 113 (1995).
discussed
Cited "see"
Hagemann v. Molinari
See Jeffries v. Harleston, 52 F.3d 9, 13 (2d Cir.), cert. denied, 516 U.S. 862 , 116 S.Ct. 173 , 133 L.Ed.2d 114 (1995). “[I]t matters not that the potential disruption outweighs the value of the speech if the employer subjectively makes the speech the basis of his termination decision; such ‘retaliatory’ discharge is always unconstitutional.” Sheppard v. Beerman, 94 F.3d 823, 827 (2d Cir.1996).
discussed
Cited "see"
Burnham v. Ianni
Waters, 511 U.S. at ----, 114 S.Ct. at 1890 ("the potential disruptiveness of the speech as reported was enough to outweigh whatever First Amendment value it might have had"); Tindle, 56 F.3d at 972 ("[a] showing of actual disruption is not always required in the balancing process under Pickering "); accord Jeffries v. Harleston, 52 F.3d 9, 13 (2d Cir.) (Jeffries ) (noting that Waters stresses that actual disruption is not required), cert. denied, --- U.S. ----, 116 S.Ct. 173 , 133 L.Ed.2d 114 (1995).
discussed
Cited "see"
Albert Burnham v. Lawrence Ianni
(2×)
Waters, 511 U.S. at -` 114 S.Ct. at 1890 ("the potential disruptiveness of the speech as reported was enough to outweigh whatever First Amendment value it might have had"); Tindle, 56 F.3d at 972 ("[a] showing of actual disruption is not always required in the balancing process under Pickering "); accord Jeffries v. Harleston, 52 F.3d 9, 13 (2d Cir.) (Jeffries) (noting that Waters stresses that actual disruption is not required), cert. denied, - U.S. , 116 S.Ct. 173 , 133 L.Ed.2d 114 (1995).
discussed
Cited "see"
Travelers Insurance v. Pataki
See Jeffries v. Harleston, 52 F.3d 9, 13-14 (2d Cir.1995) (deciding that, as a matter of law, Supreme Court decision handed down after we affirmed a jury verdict for plaintiff compelled judgment for the defendants), ce rt. denied, — U.S. —, 116 S.Ct. 173 , — L.Ed.2d —(1995); cf. Greene v. United States, 13 F.3d 577, 586 (2d Cir.1994) (appellate court may reach issue not raised below “if there is no need for additional fact finding”).
discussed
Cited "see"
The Travelers Insurance Company v. Pataki
See Jeffries v. Harleston, 52 F.3d 9, 13-14 (2d Cir.1995) (deciding that, as a matter of law, Supreme Court decision handed down after we affirmed a jury verdict for plaintiff compelled judgment for the defendants), cert. denied, --- U.S. ----, 116 S.Ct. 173 , --- L.Ed.2d ---- (1995); cf. Greene v. United States, 13 F.3d 577, 586 (2d Cir.1994) (appellate court may reach issue not raised below "if there is no need for additional fact finding"). 10 Turning to the merits, we see no statutory basis for treating self-insured plans differently from the other plans when determining whether a state la…
discussed
Cited "see, e.g."
78 Fair empl.prac.cas. (Bna) 988, 75 Empl. Prac. Dec. P 45,762 Christine M. Gierlinger, Plaintiff-Appellant-Cross-Appellee v. John Gleason, Defendant-Appellee-Cross-Appellant
See, e.g., Jeffries v. Harleston, 52 F.3d 9, 14 (2d Cir.1995) (reversing judgment in favor of a university professor on the ground that there was "a superseding cause breaking the causal chain between the tainted [retaliatory] motives of [certain defendants] and the decision to limit [the professor's] term"), cert. denied, 516 U.S. 862 , 116 S.Ct. 173 , 133 L.Ed.2d 114 (1995); see also Taylor v. Brentwood Union Free School District, 143 F.3d 679, 687 (2d Cir.1998) (reversing judgment in favor of a suspended teacher on the ground that "no reasonable jury could find [the defendant's allegedly ra…
discussed
Cited "see, e.g."
Gierlinger v. Gleason
See, e.g., Jeffries v. Harleston, 52 F.3d 9, 14 (2d Cir.1995) (reversing judgment in favor of a university professor on the ground that there was “a superseding cause breaking the causal chain between the tainted [retaliatory] motives of [certain defendants] and the decision to limit [the professor’s] term”), cert. denied, 516 U.S. 862 , 116 S.Ct. 173 , 133 L.Ed.2d 114 (1995); see also Taylor v. Brentwood Union Free School District, 143 F.3d 679, 687 (2d Cir.1998) (reversing judgment in favor of a suspended teacher on the ground that “no reasonable jury could find [the defendant’s al…
discussed
Cited "see, e.g."
Verri v. Nanna
If an employee does establish a prima facie case, a defendant can nonetheless avoid liability either by showing that it “would have made the same decision in the absence of the protected conduct,” or “that the employee’s conduct interfered with its effective and efficient fulfillment of its responsibilities to the public.” Id. at 1329 (citations omitted); see also Jeffries v. Harleston, 52 F.3d 9, 13 (2d Cir.1995), ce rt. denied, — U.S.-, 116 S.Ct. 173 , 133 L.Ed.2d 114 (1995) (defendant need not show speech actually interfered with workings of office, but only that it reasonably t…
cited
Cited "see, e.g."
Newsome v. James
See, e.g., Sherwin Manor Nursing Ctr., Inc. v. McAuliffe, 37 F.3d 1216 , 1219 (7th Cir.1994), ce rt. denied, — U.S. ---, 116 S.Ct. 172 , 133 L.Ed.2d 113 (1995).
discussed
Cited "see, e.g."
Tilton v. Capital Cities/ABC, Inc.
(2×)
Id. at 767; see also Louisiana Power & Light Co. v. Kellstrom, 50 F.3d 319, 335 (5th Cir.) (“Absent pretrial approval of the exhibits ..., a party may not later request taxation of the production costs to its opponent.”), cer t. denied, — U.S. —, 116 S.Ct. 173 , 133 L.Ed.2d 113 (1995).
discussed
Cited "see, e.g."
Heller v. Hodgin
See also Sherwin Manor Nursing Center, Inc. v. McAuliffe, 37 F.3d 1216 , *796 1220 (7th Cir.1994), cert. denied, — U.S. -, 116 S.Ct. 172 , 133 L.Ed.2d 113 (1995) (a section 1983 plaintiff must allege that a state actor purposefully discriminated against him because of his identification with a particular (presumably historically disadvantaged) group).
discussed
Cited "see, e.g."
Crist Ellis and Norma Wong-Larkin v. United Airlines, Inc., a Delaware Corporation, Equal Employment Opportunity Commission, Amicus Curiae. Crist Ellis and Norma Wong-Larkin v. United Airlines, Inc., a Delaware Corporation
(2×)
See, e.g., Louisiana Power & Light Co. v. Kellstrom, 50 F.3d 319, 336 (5th Cir.), cert. denied, --- U.S. ----, 116 S.Ct. 173 , 133 L.Ed.2d 113 (1995); Chambers v. Ingram, 858 F.2d 351, 360-61 (7th Cir.1988).
discussed
Cited "see, e.g."
Ellis v. United Airlines, Inc.
(2×)
See, e.g., Louisiana Power & Light Co. v. Kellstrom, 50 F.3d 319, 336 (5th Cir.), cert. denied, — U.S. -, 116 S.Ct. 173 , 133 L.Ed.2d 113 (1995); Chambers v. Ingram, 858 F.2d 351, 360-61 (7th Cir.1988).
Retrieving the full opinion text from the archive…
L. K. Comstock & Co., Inc.
v.
Louisiana Power & Light Co.
v.
Louisiana Power & Light Co.
No. 95-24.
Supreme Court of the United States.
Oct 2, 1995.
Cited by 3 opinions | Published
C. A. 5th Cir. Certiorari denied.