green
Positive treatment
0.6 score
Top citers, strongest first. 2 distinct citers.
How cited ↗
discussed
Cited "but see"
Gleason v. Smolinski
Ed. 2d 326 (2005); see also id., 114–15 (applying clear and convincing standard as matter of New York state law, and noting that majority of state and federal courts apply that standard to falsity element); Blair v. Inside Edition Productions, 7 F. Supp. 3d 348, 357 (S.D.N.Y. 2014) (‘‘[n]or has the Second Circuit articulated the appropriate standard of proof’’); but see Rattray v. National City, 51 F.3d 793, 801 (9th Cir. 1994) (adopting Second Circuit’s decision in Goldwater in holding that plaintiff need only demonstrate falsity by preponderance of evidence), cert. denied, 516 U.…
discussed
Cited "see"
Millard Refrigerated Services, Inc. v. Federal Aviation Administration, Omaha Airport Authority, Intervenor
See Oil, Chemical & Atomic Workers Int’l Union v. NLRB, 46 F.3d 82, 93 (D.C.Cir.) (“When ... the agency has failed to take a position, we do not substitute our judgment for that of the agency or attempt to surmise what the agency’s position might have been.”), cert. denied, - U.S.-, 116 S.Ct. 81 , 133 L.Ed.2d 39 (1995); see also Dickson v. Secretary of Defense, 68 F.3d 1396, 1405-06 (D.C.Cir.1995) (“[W]e cannot determine whether the decision making process was deficient until we are allowed to understand what that process was.”); United Tramp.
Retrieving the full opinion text from the archive…
El-Hawatky
v.
Kaiser Foundation Hospitals
v.
Kaiser Foundation Hospitals
No. 94-2066.
Supreme Court of the United States.
Oct 2, 1995.
Published
Ct. App. Cal., 3d App. Dist. Certiorari denied.