green
Positive treatment
Quoted verbatim 3×
7.0 score
“section 455 ... does not require the judge to accept all allegations by a moving party as true.... if a party could bind a judge by his factual allegations in a section 455 motion ... the result would be a virtual open season for recusal”
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982
2004
2026
Top citers, strongest first. 20 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Bank of San Antonio v. Swift (In Re Swift)
if a party could bind a judge by his factual allegations in a section 455 motion ... the result would be a virtual open season for recusal
examined
Cited as authority (quoted)
Lieb v. Tillman (In Re Lieb)
section 455 ... does not require the judge to accept all allegations by a moving party as true.... if a party could bind a judge by his factual allegations in a section 455 motion ... the result would be a virtual open season for recusal
discussed
Cited as authority (quoted)
Harris v. General Development Corp.
rejected applicants for employment may represent classes which include other rejected applicants, deterred applicants, or both
discussed
Cited "see"
Powell v. Tosh
See Phillips v. Joint Legislative Committee on Performance and Expenditure Review of State of Miss., 637 F.2d 1014, 1022 (5th Cir. 1981) (noting that joinder impracticable in part because neither party could identify class members), cert. denied, 456 U.S. 960 , 102 S.Ct. 2035 , 72 L.Ed.2d 483 (1982); Primavera Familienstiftung, 178 F.R.D. at 410 (noting that “[knowledge of names and existence of members ... renders joinder practicable.”); see also Spectrum Fin.
discussed
Cited "see"
Gries v. Standard Ready Mix Concrete, L.L.C.
See Phillips v. Joint Legislative Committee on Performance and Expenditure Review of State of Miss., 637 F.2d 1014, 1022 (5th Cir.1981) (noting that joinder impracticable in part because neither party could identify class members), cert. denied, 456 U.S. 960 , 102 S.Ct. 2035 , 72 L.Ed.2d 483 (1982); Primavera Familienstiftung v. Askin, 178 F.R.D. 405, 410 (S.D.N.Y.1998) (noting that “[kjnowledge of names and existence of members ... renders joinder practicable.”); Moore v. Trippe, 743 F.Supp. 201, 211 (S.D.N.Y.1990) (“[Tjhere appears to be little difficulty in joining all the members of …
discussed
Cited "see"
Sanft v. Winnebago Industries, Inc.
See Phillips v. Joint Legislative Committee on Performance and Expenditure Review of State of Miss., 637 F.2d 1014, 1022 (5th Cir.1981) (noting that joindér impracticable in part because neither party could identify class members), cert. denied, 456 U.S. 960 , 102 S.Ct. 2035 , 72 L.Ed.2d 483 (1982); Primavera Familienstiftung v. Askin, 178 F.R.D. 405, 410 (S.D.N.Y.1998) (noting that “[k]nowledge of names and existence of members ... renders joinder practicable.”); Moore v. Trippe, 743 F.Supp. 201, 211 (S.D.N.Y.1990) (“[T]here appears to be little difficulty in joining all the members of…
discussed
Cited "see"
Colorado Cross-Disability Coalition v. Taco Bell Corp.
See Phillips v. Joint Legislative Committee on Performance and Expenditure Review of State of Miss., 637 F.2d 1014, 1022 (5th Cir.1981), cert. denied, 456 U.S. 960 , 102 S.Ct. 2035 , 72 L.Ed.2d 483 (1982) (joinder impracticable in part because neither party could identify class members); Arnold v. United Artists Theatre Circuit, Inc., 158 F.R.D. 439, 448 (N.D.Cal.1994) (“by the very nature” of the class of people with disabilities affected by defendant’s architectural barriers, members were “unknown” and could not be “readily identified,” making joinder impracticable.).
cited
Cited "see"
Robinson v. State Farm Fire & Casualty Co.
See Phillips v. Joint Legislative Committee on Performance & Expenditure Review, 637 F.2d 1014, 1019-21 (5th Cir.1981), cert. denied, 456 U.S. 960 , 102 S.Ct. 2035 , 72 L.Ed.2d 483 (1982).
discussed
Cited "see"
Rodriguez v. United States Department of Treasury
See Rodriguez v. Department of the Treasury, 108 F.R.D. 360, 363 (D.D.C.1985) (citing Phillips v. Joint Legislative Committee etc., 637 F.2d 1014 , 1022 (5th Cir.1981), cert. denied, 456 U.S. 960 , 102 S.Ct. 2035 , 72 L.Ed.2d 483 (1982); Christman v. American Cyanamid Co., 92 F.R.D. 441, 447 (N.D.W.Va.1981)).
discussed
Cited "see"
National Gypsum Co. v. Kirbyville Independent School District
See Philips [Phillips] v. Joint Legislative Committee, 637 F.2d 1014 , 1022 (5th Cir. 1981), cert, denied, 456 U.S. 960 , 102 S.Ct. 2035 , 72 L.Ed.2d 483 (1982); Zeidman v. J Ray McDermott & Co., 651 F.2d 1030,1038 (5th Cir.1981). 2 The size of the proposed class, as well as National Gypsum’s actions in this case, points out the impracticability of joinder.
cited
Cited "see"
United States v. Stacey Lynn Merkt and John B. Elder
See Phillips v. Joint Legislative Comm., 637 F.2d 1014 , 1019-20 (5th Cir.1981), cert. denied, 456 U.S. 960 , 102 S.Ct. 2035 , 72 L.Ed.2d 483 (1982).
cited
Cited "see"
National Ass'n of Radiation Survivors v. Walters
See Phillips v. Joint Legislative Committee on Performance and Expenditure Review, 637 F.2d 1014, 1022 (5th Cir.1981), cert. denied, 456 U.S. 960 , 102 S.Ct. 2035 , 72 L.Ed.2d 483 (1982).
discussed
Cited "see"
Rodriguez v. Department of Treasury
See Phillips v. Joint Legislative Committee etc., 637 F.2d 1014 , 1022 (5th Cir.1981), cert. denied, 456 U.S. 960 , 102 S.Ct. 2035 , 72 L.Ed.2d 483 (1982); Christman v. American Cyanamid Co., 92 F.R.D. 441, 447 (N.D.W.Va.1981).
discussed
Cited "see"
Andre H. v. Ambach
Green v. Johnson, 513 F.Supp. 965, 975 (D.Mass.1981); see Phillips v. Joint Legislative Committee on Performance and Expenditure Review, 637 F.2d 1014, 1022 (5th Cir.1981), cert. denied, 456 U.S. 960 , 102 S.Ct. 2035 , 72 L.Ed.2d 483 (1982).
discussed
Cited "see"
Walls v. Mississippi State Department of Public Welfare
Payne v. Travenol Laboratories, Inc., 565 F.2d 895 , 898 (5 Cir.)., cert. denied, 439 U.S. 835 , 99 S.Ct. 118 , 58 L.Ed.2d 131 (1978); see Phillips v. Joint Legislative Committee, 637 F.2d 1014 , 1026 n.20 (5 Cir. 1981), cert. denied, - U.S. -----, 102 S.Ct. 2035 , 72 L.Ed.2d 483 (1982).
discussed
Cited "see, e.g."
Access Now, Inc. v. Ambulatory Surgery Center Group, Ltd.
See, e.g., Phillips v. Joint Legislative Comm., 637 F.2d 1014 , 1022 (5th Cir.1981), cert. denied, 456 U.S. 960 , 102 S.Ct. 2035 , 72 L.Ed.2d 483 (1982) (joinder impracticable in part because neither party could identify class members).
cited
Cited "see, e.g."
Petrovic v. Amoco Oil Co.
See also Phillips v. Joint Legislative Committee, 637 F.2d 1014 , 1023 (5th Cir.1981), cert. denied, 456 U.S. 960 , 971, 102 S.Ct. 2035 , 2233, 72 L.Ed.2d 483 , 845 (1982).
discussed
Cited "see, e.g."
Allene Fields and Earine Daniels v. Hallsville Independent School District
While a vacancy need not exist on the precise day of application, an application will'only be “treated as viable for a reasonable period of time.” McLean v. Phillips-Ramsey, Inc., 624 F.2d 70, 72 (9th Cir.1980) (written application one month before vacancy sufficient where applicant had mailed follow-up letter); see also Phillips v. Joint Legislative Committee on Performance and Expenditure Review, 637 F.2d 1014, 1030 (5th Cir.1981), cert. denied, 456 U.S. 960 , 102 S.Ct. 2035 , 72 L.Ed.2d 483 (1982) (although exact date vacancy occurred was unclear, district court erred in requiring that …
cited
Cited "see, e.g."
Arrango v. Ward
See, e.g., Phillips v. Joint Legislative Committee, 637 F.2d 1014 , 1021-22 (5th Cir.1981), cert. denied, 456 U.S. 960 , 102 S.Ct. 2035 , 72 L.Ed.2d 483 (1982).
discussed
Cited "see, e.g."
Huddleston v. Duckworth
See also, Phillips v. Joint Legislative Committee on Performance and Expenditure Review of the State of Miss., 637 F.2d 1014 (5th Cir.1981), cert. denied, 456 U.S. 960 , 102 S.Ct. 2035 , 72 L.Ed.2d 483 (1982) (potential conflict of interest between attorney acting as class representative and said attorney’s law firm acting as counsel in class action to be carefully scrutinized and guarded against); Susman v. Lincoln American Corp., 561 F.2d 86 (7th Cir.1977), appeal after remand, 587 F.2d 866 (1978), cert. denied, 445 U.S. 942 , 100 S.Ct. 1336 , 63 L.Ed.2d 775 (1980) (fact that class represe…
Retrieving the full opinion text from the archive…
United States
v.
Sells Engineering, Inc.
v.
Sells Engineering, Inc.
No. 81-1032.
Supreme Court of the United States.
May 3, 1982.
Cited by 3 opinions | Published
Citer courts: W.D. Texas (2) · N.D. Illinois (1)
C. A. 9th Cir. Certiorari granted.