green
Positive treatment
5.5 score
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997
2011
2026
Top citers, strongest first. 16 distinct citers.
How cited ↗
cited
Cited "see"
Thibodeau v. American Baptist Churches
See Bible Way Church of Our Lord Jesus Christ of the Apostolic Faith v. Beards, 680 A.2d 419, 430 (D.C. 1996), cert. denied, 520 U.S. 1155 , 117 S. Ct. 1335 , 137 L.
discussed
Cited "see"
McMenemy v. City of Rochester
See Kern v. City of Rochester, 93 F.3d 38, 46-47 (2d Cir.1996), cert. denied, 520 U.S. 1155 , 117 S.Ct. 1335 , 137 L.Ed.2d 494 (1997); 42 U.S.C. § 2000e(b) (defining “employer” as an entity having at least fifteen employees).
discussed
Cited "see"
Gonzalez v. New York State Department of Correctional Services Fishkill Correctional Facility
As the Eighth Circuit has held, “in order to establish a prima facie case of discrimination, the employee must have engaged in statutorily protected activity.” Smith v. Rice-land Foods, Inc., 151 F.3d 813, 818 (8th Cir.1998); see also Holt v. JTM Indus., Inc., 89 F.3d 1224, 1226-27 (5th Cir.1996), cert. denied, 520 U.S. 1229 , 117 S.Ct. 1821 , 137 L.Ed.2d 1029 (1997); See Kern v. City of Rochester, 93 F.3d 38, 44 (2d Cir.1996) (noting that a plaintiff must ordinarily assert her own rights and interests and cannot rely on the legal interests or rights of others), cert. denied, 520 U.S. 1155…
discussed
Cited "see"
City of Philadelphia v. Consolidated Rail Corp.
(2×)
See City of Philadelphia v. Pennsylvania Public Utility Comm’n, 676 A.2d 1298 (Pa. Cmwlth.1996), * appeal denied, 546 Pa. 657 , 684 A.2d 558 (1996), cert. denied, 520 U.S. 1155 , 117 S.Ct. 1334 , 137 L.Ed.2d 494 (1997).
discussed
Cited "see"
Strass v. Kaiser Foundation Health Plan of Mid-Atlantic
(2×)
See Bible Way Church v. Beards, 680 A.2d 419, 431 (D.C. 1996), cert. denied, 520 U.S. 1155 , 117 S.Ct. 1335 , 137 L.Ed.2d 494 (1997); Griffith v. Butler, 571 A.2d 1161 , 1163 n. 3 (D.C.1990). [17] The District of Columbia Employment Guidelines for Human Rights Law, 4 DCMR § 599.1 provides the following definition for physical handicap, in pertinent part: [A] bodily or mental disablement which may be the result of injury, illness or congenital condition which does not preclude the capacity to perform a particular job and for which reasonable accommodation can be made.
discussed
Cited "see"
Owens v. Southern Development Council, Inc.
See Kern v. City of Rochester, 93 F.3d 38, 47 (2d Cir.1996) (“There is no indication that any of the non-officer board members performed any traditional employee duties, such as maintaining records or managing the office.”), cert. denied, 520 U.S. 1155 , 117 S.Ct. 1335 , 137 L.Ed.2d 494 (1997); Equal Employment Opportunity Comm’n v. First Catholic Slovak Ladies Ass’n, 694 F.2d 1068, 1070 (6th Cir.1982) (listing the traditional employee duties as maintaining records, preparing financial statements, and managing the office), cert. denied, 464 U.S. 819 , 104 S.Ct. 80 , 78 L.Ed.2d 90 (1983…
discussed
Cited "see"
Honess 52 Corp. v. Town of Fishkill
Moreover, “[a] complaint which consists of conelusory allegations unsupported by factual assertions fails even the liberal standard of Rule 12(b)(6).” De Jesus v. Sears, Roebuck & Co., 87 F.3d 65, 70 (2d Cir.), cert. denied, — U.S. -, 117 S.Ct. 509 , 136 L.Ed.2d 399 (1996); accord Kern v. City of Rochester, 93 F.3d 38, 44 (2d Cir.1996), cer t. denied, — U.S. -, 117 S.Ct. 1335 , 137 L.Ed.2d 494 (1997).
cited
Cited "see"
Berckeley Investment Group, Ltd. v. Colkitt
See generally Presbytery of New Jersey of the Orthodox Presbyterian Church v. Florio, 40 F.3d 1454, 1462 (3d Cir.1994), cert. denied, — U.S. --, 117 S.Ct. 1334 , 137 L.Ed.2d 494 (1997).
discussed
Cited "see, e.g."
Brown v. New York State Department of Correctional Services
Patterson v. County of Oneida, 375 F.3d 206, 230 (2d Cir.2004); see also Kern v. City of Rochester, 93 F.3d 38, 43 (2d Cir.1996) (“Mere employment by a state or municipality does not automatically mean that a defendant’s actions are taken under the color of state law”), cert. denied, 520 U.S. 1155 , 117 S.Ct. 1335 , 137 L.Ed.2d 494 (1997).
discussed
Cited "see, e.g."
Brown v. NEW YORK STATE DEPT. OF CORREC. SERVICES
Patterson v. County of Oneida, 375 F.3d 206, 230 (2d Cir.2004); see also Kern v. City of Rochester, 93 F.3d 38, 43 (2d Cir.1996) ("Mere employment by a state or municipality does not automatically mean that a defendant's actions are taken under the color of state law"), cert. denied, 520 U.S. 1155 , 117 S.Ct. 1335 , 137 L.Ed.2d 494 (1997).
discussed
Cited "see, e.g."
District of Columbia v. Beretta, U.S.A., Corp.
(2×)
R. 12(b)(6) (failure to state a claim on which relief can be granted); see also Bible Way Church v. Beards, 680 A.2d 419, 432 (D.C.1996), cert. denied, 520 U.S. 1155 , 117 S.Ct. 1335 , 137 L.Ed.2d 494 (1997) (affirming dismissal of breach of contract and tortious interference with contract claims under Rule 12(b)(6) because the complaint did not indicate that plaintiff had a contract with defendant).
discussed
Cited "see, e.g."
Daggitt v. United Food & Commercial Workers International Union, Local 304A
See, e.g., Kern. v. City of Rochester, 93 F.3d 38, 47 (2d Cir.1996) (holding non-officer executive board members did not perform traditional employee duties and therefore were not employees for purposes of Title VII jurisdiction), cert. denied, 520 U.S. 1155 , 117 S.Ct. 1335 , 137 L.Ed.2d 494 (1997); Chavero v. Local 241, Div. of Amalgamated Transit Union, 787 F.2d 1154 , 1157 (7th Cir.1986) (holding that union executive board members are not “employees” for purposes of Title VII jurisdiction because directors are employers rather than employees unless they perform traditional employee dut…
discussed
Cited "see, e.g."
New Jersey Hospital Ass'n v. United States
United States Nat’l Bank of Oregon, 508 U.S. at 446 , 113 S.Ct. 2173 (quotation omitted); see also Presbytery of New Jersey of the Orthodox Presbyterian Church v. Florio, 902 F.Supp. 492, 504 (D.N.J.1995) (stating that granting a declaratory judgment absent some concrete set of facts would be a “contingency,” and subsequent application of the declaratory judgment to controversies would be an “exercise in futility”) (citations omitted), aff’d, 99 F.3d 101 (3d Cir.1996), cert. denied, — U.S. —, 117 S.Ct. 1334 , 137 L.Ed.2d 494 (1997).
discussed
Cited "see, e.g."
Ross v. Mitsui Fudosan, Inc.
The Second Circuit has determined that in Title VII the term “ ‘employer’ ... is sufficiently broad to encompass any party who significantly affects access of any individual to employment opportunities, regardless of whether that party may technically be described as an ‘employer’ of an aggrieved individual as that term has generally been defined at common law.” Spirt v. Teachers Insurance & Annuity Ass’n, 691 F.2d 1054, 1063 , (2d Cir.1982), vacated on other grounds, 463 U.S. 1223 , 103 S.Ct. 3565 , 77 L.Ed.2d 1406 (1983); see also Kern v. City of Rochester, 93 F.3d 38, 45 (2d C…
cited
Cited "see, e.g."
Demus v. United States
See, e.g., Bible Way Church of Our Lord Jesus Christ of the Apostolic Faith v. Beards, 680 A.2d 419 , 427 n. 5 (D.C.1996), cert. denied, — U.S. -, 117 S.Ct. 1335 , 137 L.Ed.2d 494 (1997).
Retrieving the full opinion text from the archive…
Royal King Fisheries
v.
Fuszek
v.
Fuszek
No. 96-1180.
Supreme Court of the United States.
Mar 31, 1997.
Published
C. A. 9th Cir. Certiorari denied.