green
Positive treatment
Quoted verbatim 2×
7.6 score
“a court may release not only those claims alleged in the complaint and before the court, but also claims which 'could have been alleged by reason of or in connection with any matter or fact set forth or referred to in' the complaint”
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982
2004
2026
Top citers, strongest first. 17 distinct citers.
How cited ↗
discussed
Cited "but see"
Small v. Inhabitants of the City of Belfast
But see Garmon v. Foust, 668 F.2d 400 (8th Cir.), cert, denied, - U.S. -, 102 S.Ct. 2283 , 73 L.Ed.2d 1294 (1982) [§ 1983 claims based on warrantless search and seizure and damage to reputation and earning capacity go beyond stating claim for injuries to person or reputation; therefore, general five-year limitations period, not two-year period for “injuries to person or reputation,” applies].
discussed
Cited as authority (quoted)
In re Domestic Airline Travel Antitrust Litigation
t is appropriate, and often prudent, in massive class actions to follow a two-stage procedure, deferring the plan of allocation until after final settlement approval
examined
Cited as authority (quoted)
Fed. Sec. L. Rep. P 99,484 John F. Maher v. Zapata Corporation v. William Maldonado, Objector-Appellant
(2×)
also: Cited "see, e.g."
a court may release not only those claims alleged in the complaint and before the court, but also claims which 'could have been alleged by reason of or in connection with any matter or fact set forth or referred to in' the complaint
discussed
Cited "see"
United States v. Conservation Chemical Co.
See In re Corrugated Container Antitrust Litigation, 659 F.2d 1322, 1325 (5th Cir.1981), cert. denied, 456 U.S. 998 , 102 S.Ct. 2283 , 73 L.Ed.2d 1294 (1982), cert. denied, 456 U.S. 1012 , 102 S.Ct. 2308 , 73 L.Ed.2d 1309 (1982).
cited
Cited "see"
Rice v. Target Stores, a Division of Dayton Hudson Corp.
See Garmon v. Foust, 668 F.2d 400 (8th Cir.1982), cert. denied, 456 U.S. 998 , 102 S.Ct. 2283 , 73 L.Ed.2d 1294 (1982).
discussed
Cited "see"
In Re Cement and Concrete Antitrust Litigation. State of Arizona v. City of Austin, and Portland Cement Association v. Arc Corporation, Class Members-Appellees. State of California v. Portland Cement Association, State of Minnesota v. Portland Cement Association, Arizona Slump Block, Inc. v. Portland Cement Association, City of Austin, Smith & Green Corp. v. Portland Cement Association, City of Austin, State of Alabama v. Portland Cement Association
The notice sufficiently alerted those class members adverse to such a scheme "to investigate and to come forward and be heard." Mendoza, 623 F.2d at 1352 ; see In re Corrugated Container Antitrust Litigation, 643 F.2d 195, 223-24 (5th Cir.1981) (holding that notice of a settlement agreement that failed to provide an estimated range of per unit recovery was nonetheless satisfactory), cert. denied, 456 U.S. 998 , 102 S.Ct. 2283 , 73 L.Ed.2d 1294 (1982); Equity Funding, 603 F.2d at 1361-62 (holding that notice need not give a precise valuation figure if the notice informs the class that the judge…
discussed
Cited "see"
Arizona v. City of Austin
The notice sufficiently alerted those class members adverse to such a scheme “to investigate and to come forward and be heard.” Mendoza, 623 F.2d at 1352 ; see In re Corrugated Container Antitrust Litigation, 643 F.2d 195, 223-24 (5th Cir.1981) (holding that notice of a settlement agreement that failed to provide an estimated range of per unit recovery was nonetheless satisfactory), cert. denied, 456 U.S. 998 , 102 S.Ct. 2283 , 73 L.Ed.2d 1294 (1982); Equity Funding, 603 F.2d at 1361-62 (holding that notice need not give a precise valuation figure if the notice informs the class that the j…
cited
Cited "see"
In Re \Agent Orange\" Product Liability Litigation Mdl No. 381"
See In re Corrugated Container Antitrust Litigation, 643 F.2d 195, 223-24 (5th Cir.1981), cert. denied, 456 U.S. 998 , 102 S.Ct. 2283 , 73 L.Ed.2d 1294 (1982).
discussed
Cited "see"
No. 86-5084
See Garmon v. Foust, 668 F.2d 400 , 406 n. 11 (8th Cir.), cert. denied, 456 U.S. 998 , 102 S.Ct. 2283 , 73 L.Ed.2d 1294 (1982); see also Occhino v. United States, 686 F.2d 1302, 1308 (8th Cir.1982). 3 In 1985 the United States Supreme Court effectively overturned our rule in Garmon, holding personal injury statutes of limitations should be applied in section 1983 actions.
cited
Cited "see"
Jane Does 1-100 v. Omodt
See Garmon v. Foust, 668 F.2d 400 , 406 n. 11 (8th Cir.), cert. denied, 456 U.S. 998 , 102 S.Ct. 2283 , 73 L.Ed.2d 1294 (1982); see also Occhino v. United States, 686 F.2d 1302, 1308 (8th Cir.1982).
discussed
Cited "see"
United States v. Conservation Chemical Co.
See In re Corrugated Container Antitrust Litigation, 659 F.2d 1322, 1325 (5th Cir.1981), cert. denied, 456 U.S. 998 , 102 S.Ct. 2283 , 73 L.Ed.2d 1294 (1982), cert. denied, 456 U.S. 1012 , 102 S.Ct. 2308 , 73 L.Ed.2d 1309 (1982).
cited
Cited "see"
Capps v. State
See, Brooks v. State, 566 P.2d 147 (Okl.Cr.1977), cert. denied 456 U.S. 999 , 102 S.Ct. 2284 , 73 L.Ed.2d 1294 (1982).
discussed
Cited "see"
United States v. Seymour Recycling Corp.
See In re Corrugated Container Antitrust Litigation, 659 F.2d 1322, 1325 (5th Cir.1981), cert. denied,-U.S.-, 102 S.Ct. 2283 , 73 L.Ed.2d 1294 (1982), cert. denied, - U.S. -, 102 S.Ct. 2308 , 73 L.Ed.2d 1309 (1982).
discussed
Cited "see, e.g."
Fed. Sec. L. Rep. P 95,923 Nottingham Partners v. Trans-Lux Corporation
See, e.g., In re Corrugated Container Antitrust Litig., 643 F.2d 195, 221 (5th Cir.1981) (federal court can approve a settlement releasing state claims not before it), cert. denied, 456 U.S. 998 , 102 S.Ct. 2283 , 73 L.Ed.2d 1294 (1982); In re Washington Public Power Supply Sys.
cited
Cited "see, e.g."
31 Fair empl.prac.cas. 1707, 32 Empl. Prac. Dec. P 33,668 Gloria Holmes v. Continental Can Company
See also In re Corrugated Container Antitrust Litigation, 643 F.2d 195, 218-21 (5th Cir.1981) (Container I), cert. denied, 456 U.S. 998 , 1012, 102 S.Ct. 2283 , 2308, 73 L.Ed.2d 1294 , 1309 (1982).
discussed
Cited "see, e.g."
Malchman v. Davis
These are factual questions for the district court, Plummer, 668 F.2d at 659 , and “a district court’s disposition of a proposed class action settlement should be accorded considerable deference,” Weinberger, 698 F.2d at 73 ; see also In re Corrugated Container Antitrust Litigation, 643 F.2d 195, 207 (5th Cir.1981), cert. denied, 456 U.S. 998 , 102 S.Ct. 2283 , 73 L.Ed.2d 1294 (1982), though this principle applies with less force when, as here, settlement of a class action has been negotiated before the class has been certified.
discussed
Cited "see, e.g."
Malchman v. Davis
These are factual questions for the district court, Plummer, 668 F.2d at 659 , and "a district court's disposition of a proposed class action settlement should be accorded considerable deference," Weinberger, 698 F.2d at 73 ; see also In re Corrugated Container Antitrust Litigation, 643 F.2d 195, 207 (5th Cir.1981), cert. denied, --- U.S. ----, 102 S.Ct. 2283 , 73 L.Ed.2d 1294 (1982), though this principle applies with less force when, as here, settlement of a class action has been negotiated before the class has been certified.
Retrieving the full opinion text from the archive…
Foust
v.
Garmon
v.
Garmon
No. 81-1813.
Supreme Court of the United States.
May 24, 1982.
Cited by 1 opinion | Published
Citer courts: Fifth Circuit (1) · D.C. Circuit (1)
C. A. 8th Cir. Motion of respondent for leave to proceed informa pauperis denied. Certiorari denied.