green
Positive treatment
Quoted verbatim 3×
7.4 score
G Cite
cited 2× by 2 distinct cases, last quoted 1984 ·
…despite the liberality of modern rules of pleading, a complaint still must contain either direct or inferential allegations respecting all the material elements necessary to sustain a recovery under some viable legal theory.
⚠ not in text
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984
2005
2026
Top citers, strongest first. 18 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Transnor (Bermuda) Ltd. v. BP North America Petroleum
solemnized covenants to conspire are difficult to come by ...
examined
Cited as authority (quoted)
Sutliff, Inc. v. Donovan Companies, Inc.
despite the liberality of modern rules of pleading, a complaint still must contain either direct or inferential allegations respecting all the material elements necessary to sustain a recovery under some viable legal theory.
examined
Cited as authority (quoted)
Sutliff, Incorporated v. Donovan Companies, Inc.
despite the liberality of modern rules of pleading, a complaint still must contain either direct or inferential allegations respecting all the material elements necessary to sustain a recovery under some viable legal theory.
discussed
Cited "see"
Jack Babcock v. Carl White
(2×)
See Nyberg v. City of Virginia, 667 F.2d 754, 758 (8th Cir.1982), appeal dismissed, cert. denied, 462 U.S. 1125 , 103 S.Ct. 3102 , 77 L.Ed.2d 1358 (1983).
discussed
Cited "see"
Keith v. Mullins
(2×)
See Nyberg v. City of Virginia, 667 F.2d 754, 758 (8th Cir.1982), appeal dismissed and cert. denied, 462 U.S. 1125 , 103 S.Ct. 3102 , 77 L.Ed.2d 1358 (1983). 5 We believe that the County's statements in its motion to amend, regarding the cost of a lift and its meeting the ADA's requirements, fell short of the required showing of changed circumstances.
discussed
Cited "see"
Keith Ex Rel. Keith v. Mullins
(2×)
See Nyberg v. City of Virginia, 667 F.2d 754, 758 (8th Cir.1982), appeal dismissed and cert. denied, 462 U.S. 1125 , 103 S.Ct. 3102 , 77 L.Ed.2d 1358 (1983).
discussed
Cited "see"
Federal Deposit Insurance v. Harrington
See In re Plywood Antitrust Litig., 655 F.2d 627, 641 (5th Cir.1981) (“Despite the liberality of modern rules of pleading, a complaint still must contain either direct or inferential allegations respecting all the material elements necessary to sustain a recovery under some viable legal theory.”), cert. dism’d, 462 U.S. 1125 , 103 S.Ct. 3100 , 77 L.Ed.2d 1358 (1983); Orange Nat’l Bank v. Bank of La., 382 F.2d 945, 949 (5th Cir.1967) (“[S]terile allegations [do not] suffice to save [a complaint] from a motion to dismiss.”); Delgado v. Federal Bureau of Prisons, 727 F.Supp. 24, 27 (D…
discussed
Cited "see"
Barnes v. Colonial Life & Accident Insurance
See In re Plywood Antitrust Litig., 655 F.2d 627, 641 (5th Cir.1981) (“Despite the liberality of modern rules of pleading, a complaint still must contain either direct or inferential allegations respecting all the material elements necessary to sustain a recovery....”), cert. dism’d, 462 U.S. 1125 , 103 S.Ct. 3100 , 77 L.Ed.2d 1358 (1983).
discussed
Cited "see"
In re Domestic Air Transportation Antitrust Litigation
Distribs: v. Itek Corp., 717 F.2d 1560,1579 (11th Cir.1983) (“Once an antitrust violation and its causal relation to plaintiffs injury have been established, the burden of proving the amount of damages is much less severe”); accord In re Plywood Antitrust Litig., 655 F.2d 627, 635 (5th Cir.1981), cert. denied, 462 U.S. 1125 , 103 S.Ct. 3100 , 77 L.Ed.2d 1358 (1983).
discussed
Cited "see"
Gloria W. Walker v. South Central Bell Telephone Company
See In re Plywood Antitrust Litigation, 655 F.2d 627, 641 (5th Cir. Unit A 1981), cert. granted, 456 U.S. 971 , 102 S.Ct. 2232 , 72 L.Ed.2d 844 (1982), cert. dismissed, 462 U.S. 1125 , 103 S.Ct. 3100 , 77 L.Ed.2d 1358 (1983) and Arthur H.
cited
Cited "see"
Rosefielde v. Falcon Jet Corp.
See In re Plywood Antitrust Litigation, 655 F.2d 627, 634 (5th Cir.1981), cert. dismissed 462 U.S. 1125 , 103 S.Ct. 3100 , 77 L.Ed.2d 1358 (1983).
discussed
Cited "see"
Garshman v. Universal Resources Holding, Inc.
Sutliff, Inc. v. Donovan Co., 727 F.2d 648 , 654 (7th Cir.1984); see In Re Plywood Antitrust Litigation, 655 F.2d 627, 641-42 (5th Cir.1981), ce rt. dismissed, 462 U.S. 1125 , 103 S.Ct. 3100 , 77 L.Ed.2d 1358 (1983).
cited
Cited "see, e.g."
Rockbit Industries U.S.A., Inc. v. Baker Hughes, Inc.
See Elliott v. Foufas, 867 F.2d 877 (5th Cir.1989); see also In re Plywood Antitrust Litig., 655 F.2d 627 (5th Cir.1981), cert. dismissed, 462 U.S. 1125 , 103 S.Ct. 3100 , 77 L.Ed.2d 1358 (1983).
discussed
Cited "see, e.g."
Gentile v. County of Suffolk
See also In re Plywood Antitrust Litigation, 655 F.2d 627, 637 (5th Cir.1981) (district judge “carefully and extensively edited” findings “to eliminate any possible prejudice to defendants”), cer t. dismissed, 462 U.S. 1125 , 103 S.Ct. 3100 , 77 L.Ed.2d 1358 (1983).
discussed
Cited "see, e.g."
Rainey v. Beech Aircraft Corp.
Another way the trial court can safeguard the rights of the party against whose interest the report is being introduced is to comment on the weight of the evidence, id., and to issue an instruction cautioning the jurors against substituting the investigator’s judgment for their own, id.; see also In re Plywood Antitrust Litig., 655 F.2d 627, 637 (5th Cir. Unit A Sept.1981), cert. dismissed, 462 U.S. 1125 , 103 S.Ct. 3100 , 77 L.Ed.2d 1358 (1983); Cohen v. General Motors Corp., 534 F.Supp. 509 , 512 n. 3 (W.D.Mo.1982).
discussed
Cited "see, e.g."
John C. Rainey, Individually and as Personal Representative of the Estate of Barbara A. Rainey v. Beech Aircraft Corporation, Beech Aerospace Services, Inc., and Pratt and Whitney Aircraft of Canada, Ltd., Rondi M. Knowlton, Individually and as Personnel Representative of the Estate of Donald Bruce Knowlton v. Beech Aircraft Corporation, Beech Aerospace Services, Inc., and Pratt and Whitney Aircraft of Canada, Ltd.
Another way the trial court can safeguard the rights of the party against whose interest the report is being introduced is to comment on the weight of the evidence, id., and to issue an instruction cautioning the jurors against substituting the investigator's judgment for their own, id.; see also In re Plywood Antitrust Litig., 655 F.2d 627, 637 (5th Cir. Unit A Sept.1981), cert. dismissed, 462 U.S. 1125 , 103 S.Ct. 3100 , 77 L.Ed.2d 1358 (1983); Cohen v. General Motors Corp., 534 F.Supp. 509 , 512 n. 3 (W.D.Mo.1982).
cited
Cited "see, e.g."
Northwestern Fruit Co. v. A. Levy & J. Zentner Co.
See also, In re Plywood Antitrust Litigation, 655 F.2d 627 (5th Cir.1981), cert. dismissed, 462 U.S. 1125 , 103 S.Ct. 3100 , 77 L.Ed.2d 1358 (1983) 17.
discussed
Cited "see, e.g."
COUNTY EXEC., PRINCE GEO'S CTY. v. Doe
(2×)
See also Nyberg v. City of Virginia, 667 F.2d 754 (8th Cir.1982), appeal dismissed for want of jurisdiction and cert. denied, - U.S. -, 103 S.Ct. 3102 , 77 L.Ed.2d 1358 (1983). 15 .
Retrieving the full opinion text from the archive…
City of Virginia
v.
Nyberg
v.
Nyberg
No. 81-1782.
Supreme Court of the United States.
Jun 20, 1983.
Appeal, Consideration, Dismiss, Hearing, Jurisdiction, Merits, Postpone, Question, Want, White.
Published
Citer courts: Seventh Circuit (2) · S.D. New York (1)
Appeal from C. A. 8th Cir. Motion of Legal Defense Fund for Unborn Children for leave to file a brief as amicus curiae denied. Motion of Alan Ernest to represent children unborn and born alive denied. Appeal dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.
Justice White and Justice Rehnquist would postpone further consideration of the question of jurisdiction to a hearing of the case on the merits. Justice O’Connor would dismiss the appeal for want of a properly presented federal question.